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IN THE MATTER OF J.M.

No. 11 CA 21.

2011 Ohio 4276

In the Matter of: J.M., Dependent Child.

Court of Appeals of Ohio, Fifth District, Licking County.

DATE OF JUDGMENT ENTRY: August 25, 2011.

Attorney(s) appearing for the Case

KENNETH W. OSWALT , PROSECUTING ATTORNEY, RACHEL OKTAVEC HUSTON , ASSISTANT PROSECUTOR, 20 South Second Street, Fourth Floor, Newark, Ohio 43055, for Appellee LCJFS.

PAUL D. HARMON , 964-A North 21st Street, Newark, Ohio 43055, for Appellant Erica Smith.

W. SCOTT HAYES , 195 East Broad Street, P. O. Box 958, Pataskala, Ohio 43062, For Amicus Curiae.

Before: W. Scott Gwin, P. J., John W. Wise, J., Julie A. Edwards, J.

OPINION

WISE, J.

{¶1} Appellant Erica Smith appeals the decision of the Court of Common Pleas, Licking County, denying her motion to vacate a prior grant of permanent custody of her son. The relevant facts leading to this appeal are as follows.

{¶2} Appellant Smith is the biological mother of J.M., born in 2009. Eric Mohler is the child's biological father. On April 13, 2009, Appellee Licking County Department...

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