In re Burrell

The issue here presented fundamentally involves the application of R. C. 2151.04, which reads as follows:

“As used in sections 2151.01 to 2151.54, inclusive, of the Revised Code, ‘dependent child’ includes any child:

“* * *

“(C) Whose condition or environment is such to warrant the state, in the interests of the child, in assuming his guardianship.”

Generally, the evidence before the trial court showed no possible conditions or environmental elements adverse to the normal development .of these children other than that the mother was living with a man not her husband. There was no evidence at all…