In re: Vincent G. Leitch, Jr. A Dependent Child

State: Ohio

Docket No: 2001-Ohio-2306

Case Date: 10/31/2001

Preview:COURT OF APPEALS THIRD APPELLATE DISTRICT SENECA COUNTY

IN THE MATTER OF: CASE NO. 13-01-11 VINCENT G. LEITCH, JR. A DEPENDENT CHILD OPINION

(VINCENT LEITCH, SR., FATHER, APPELLANT) (SHARI BRYANT, MOTHER, APPELLANT)

CHARACTER OF PROCEEDINGS: Civil Appeal from Common Pleas Court, Juvenile Division JUDGMENT: Judgment Affirmed. October 31, 2001

DATE OF JUDGMENT ENTRY:

ATTORNEYS: JULIANNE CLAYDON Attorney at Law Reg. #0072622 P. O. Box 946 Tiffin, Ohio 44883 For Appellant, Vincent G. Leitch, Sr. JENNIFER KAHLER Attorney at Law Reg. #0067811 216 South Washington Street Tiffin, Ohio 44883 For Appellant, Shari Bryant. KENNETH EGBERT, JR. Seneca County Prosecutor Reg. #00042321 -and-

Case No. 13-01-11

KATHRYN E.M. HANSON Attorney at Law Reg. #0067686 P. O. Box 377 Tiffin, Ohio 44883 For Appellee, Seneca County Dept. of Job and Family Services.

HADLEY, J. The appellants, Shari Bryant ("Ms. Bryant") and Vincent G. Leitch, Sr. ("Mr. Leitch"), appeal the judgment of the Seneca County Juvenile Court, adjudicating their minor son, Vincent G. Leitch, Jr. ("Vincent, Jr.") a dependent child, pursuant to R.C. 2151.04(C). Based on the following, we affirm the judgment of the lower court. Vincent, Jr. was born to Ms. Bryant and Mr. Leitch on January 31, 2001. Although Ms. Bryant was married to another man when she gave birth, genetic testing ordered by the trial court later showed that Mr. Leitch is Vincent, Jr.'s biological father. The day after the birth, Ms. Bryant called the Department of Job and Family Services ("DJFS") to inform her ongoing caseworker that she had delivered the infant. The DJFS filed an ex parte motion for custody, which was granted. Vincent, Jr. was taken from the hospital and eventually placed in the home of his maternal grandmother. The DJFS was involved with Ms. Bryant at the time of Vincent, Jr.'s birth because her three older children were in its custody, having been adjudicated

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Case No. 13-01-11

neglected children. The DJFS had filed for permanent custody of the other three children prior to Vincent, Jr.'s birth. The matter came before the trial court on April 27, 2001. In its judgment entry, the trial court found by clear and convincing evidence that Vincent, Jr. was a dependant child as defined by R.C. 2151.04(C). The appellants now appeal. Ms. Bryant asserts three assignments of error and Mr. Leitch asserts four assignments for our review. For the sake of brevity, the appellants' assignments of error will be combined wherever possible. APPELLANT BRYANT'S ASSIGNMENT OF ERROR NO. I The trial court erred by allowing the state to introduce evidence involving appellant's other children when the state alleged dependency pursuant to Ohio Revised Code

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