Opinion

In re Cunningham

  • 59 Ohio St. 2d 100
  • 13 Ohio Op. 3d 78
  • 391 N.E.2d 1034
  • 1979 Ohio LEXIS 484
Court
Ohio Supreme Court
Filed
Jul 18, 1979
Status
Published
Author
Herbert
On the bench
Brown, Celebrezze, Herbert, Holmes, Locher, Sweeney
Cited by
611 cases

noting that, when a child has been adjudicated dependent, there is no statutory requirement that the court make a separate finding of parental unfitness as a prerequisite to an award of permanent custody

How later courts described this case

  • noting that, when a child has been adjudicated dependent, there is no statutory requirement that the court make a separate finding of parental unfitness as a prerequisite to an award of permanent custody
  • “Accordingly, ‘the fundamental or primary inquiry at the dispositional phase of (* * *
  • stating that child’s “welfare and ‘best interest’ are the primary considerations in a dispositional hearing
  • finding that the termination of parental rights "should be an alternative of 'last resort'"

Written by the judges who cited it.

The opinion

Herbert, J.,

concurs in the syllabus but would enter final judgment in favor of the judgment of the trial court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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