In re Cunningham

The sole issue raised on this appeal is whether the Court of Appeals erred in modifying the dis-positional order of the trial court. More specifically, the question is whether after there has been an adjudication and finding of “dependency,” as defined in R. C. 2151.04 (A), a Juvenile Court judge, as a prerequisite to an award of permanent custody pursuant to R. C. 2151.353(D), is required to make a separate finding of parental unfitness. Although the Court of Appeals answered that question in the affirmative we find no such mandatory requirement in the pertinent statutory language or…