# In re Cunningham

> Ohio Supreme Court · July 18, 1979 · 59 Ohio St. 2d 100

URL: https://www.frixlaw.com/law-library/cases/6756651

## Case

- **Full name:** In re Cunningham, a Dependent Child
- **Court:** Ohio Supreme Court
- **Decided:** July 18, 1979
- **Citations:** 59 Ohio St. 2d 100; 13 Ohio Op. 3d 78; 391 N.E.2d 1034; 1979 Ohio LEXIS 484
- **Precedential status:** Published
- **Opinion:** Concurrence by Herbert
- **Judges:** Brown, Celebrezze, Herbert, Holmes, Locher, Sweeney
- **Cited by:** 611 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6756651

## How later opinions describe it (automated extraction)

- 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
- 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'"

## Opinion text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6756651. Public record. Not legal advice.