Burrell, In re
| Decision Date | 25 April 1979 |
| Docket Number | No. 78-1036,78-1036 |
| Citation | 388 N.E.2d 738,58 Ohio St.2d 37 |
| Parties | , 12 O.O.3d 43 In re BURRELL et al., alleged dependent minors. |
| Court | Ohio Supreme Court |
On October 9, 1977, the Franklin County Children Services Board filed an action in the Juvenile Branch of the Court of Common Pleas of Franklin County alleging that the two minor daughters of Mary McDaniel were neglected children under the provisions of R.C. 2151.03(B). It was alleged further that the children lacked proper parental care and supervision essentially because the mother was living with her boyfriend in the presence of the children, Carla, aged nine years, and Tina, aged six years, and that she refused to legalize or make any change in this relationship. At the hearing on November 1, 1977, the mother moved to dismiss on the ground that the complaint failed to state sufficient facts to constitute neglect under the statute. The trial court indicated that the complaint should have been filed under R.C. 2151.04(C) with the allegation that the children were dependent on the facts stated. On motion of the prosecutor, the complaint was so amended. A further motion to dismiss upon various constitutional grounds was overruled, and the cause proceeded to hearing.
The evidence established that the children appeared to be normal, healthy, clean and well dressed, with no evidence of abuse. There was testimony from the caseworker that she found no evidence of abuse or neglect in the home nor any demonstrable ill effects upon the children as a result of the mother living with a man not her husband. The children's teachers testified that the children were average or above average students, regular in attendance and properly dressed, with no specific behavioral problems except that the older child was somewhat "defensive" when corrected. There was also testimony by the mother that the older child was defiant, but that this characteristic pre-dated the extra-marital relationship of the mother.
The trial court determined both children to be dependent children. At the dispositional hearing, the court found that the mother was, at that time, living alone and placed the children in the mother's custody, but with supervision by the children services board "for the sole purpose of monitoring" whether the mother's male companion was residing in the home, and, if he did reside there, the children would be removed.
Upon appeal, the Court of Appeals affirmed the judgment of the trial court.
The cause is now before this court pursuant to the allowance of a motion to certify the record.
Charles K. Milless, Columbus, for appellant Mary McDaniel.
Brenda Feder, Columbus, for appellants Carla and Tina Burrell.
George C. Smith, Pros. Atty., Debi S. Everson and Patrick D. Maguire, Columbus, for appellee Franklin County Children Services Board.
The issue here presented fundamentally involves the application of R.C. 2151.04, which reads as...
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..."That being said, a court may consider a parent's conduct insofar as it forms part of the child's environment. See In re Burrell, 58 Ohio St.2d 37, 39,388 N.E.2d 738 (1979). The parent's conduct is significant if it is demonstrated to have an adverse impact on the child sufficient to warran......
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