Legal Opinion · Dissent

In Re Savchuk Children

Ohio Court of Appeals

Decided December 26, 2008No. Nos. 2007-L-202, 2007-L-203, 2007-L-204, 2007-L-205, 2007-L-206 and 2007-L-207Published

1DissentColleen Mary O’Toole, Judge

{¶ 75} Because I do not believe that the state carried its burden of showing either that Jordan was an abused child, pursuant to R.C. 2151.031(C), or that Jayden and Jillian were dependent children, pursuant to R.C. 2151.04(C), I would reverse and remand based on their parents’ first and second assignments of error. In consequence of that, I would find the third assignment of error moot.

{¶ 76} Under the statutes, findings of either abuse or dependency require the state to prove its case by clear and convincing evidence — evidence that “will produce in the mind of the trier of facts a firm…

2Cases cited1 opinion

  1. In Re Veccia, Unpublished Decision (11-17-2006)Ohio Court of Appeals · 2006

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