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IN RE J.S.

No. 08CA27.

2009 Ohio 1622

In the Matter of J.S., Adjudicated Dependant Child, and A.A.S., Jr., Adjudicated Abused, Neglected, and Dependent Child.

Court of Appeals of Ohio, Fourth District, Athens County.

Released: March 30, 2009.

Attorney(s) appearing for the Case

David J. Winkelmann and James Wallace, Athens, Ohio, for Appellant, Anthony Spears.

C. David Warren, Athens County Prosecuting Attorney, and George Reitmeier, Athens County Assistant Prosecuting Attorney, for Appellee, Athens County Children Services.

DECISION AND JUDGMENT ENTRY

McFARLAND, J.

{¶1} Appellant, Anthony Spears, appeals the decision of the Athens County Court of Common Pleas, Juvenile Division, adjudicating his son, J.S., a dependant child. Because the trial court made its determination based upon the behavior of Anthony Spears, and not upon the child's care, condition and environment, the trial court's decision is reversed and the case is remanded for further proceedings...

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