In the Matter Of: Cramer, Unpublished Decision (6-10-1998)
In the Matter Of: Cramer, Unpublished Decision (6-10-1998)
Opinion of the Court
At an adjudication hearing on February 22, 1996, both Thomas Cramer and Loretta Cramer entered admissions to the complaint. The trial court found Brittany was a dependent child. As a dispositional order, the trial court placed Brittany in the temporary custody of appellee. During this time, Brittany continued in the care of her foster family. The trial court ordered both parents to comply with the case plan.
On November 6, 1997, appellee filed a motion for permanent custody pursuant to R.C.
Mr. Cramer was repeatedly incarcerated. He was unable to complete two separate alcohol and drug treatment programs. He continued to abuse alcohol until the permanent custody hearing. Furthermore, Thomas Cramer did not obtain stable housing. He was employed only intermittently.
Ms. Cramer also did not obtain stable housing and employment. At the time of the permanent custody hearing, she was incarcerated after being indicted for attempted felonious assault.
At the hearing on appellee's motion for permanent custody on February 6, 1997, appellee presented testimony from several witnesses. After considering the testimony and other facts in the case, the trial court granted appellee's motion. The trial court's decision was memorialized in a judgment entry dated July 3, 1997. It is from this judgment entry, Ms. Cramer prosecutes this appeal raising the following assignment of error:
THE TRIAL COURT ERRED BY ENTERING A DECISION, BASED UPON INSUFFICIENT EVIDENCE, THAT THE LICKING COUNTY DEPARTMENT OF HUMAN SERVICES HAD MADE REASONABLE EFFORTS TO PREVENT THE REMOVAL OF THE CHILD FROM ITS HOME, WHILE NOT SETTING FORTH ITS SPECIFIC FACTUAL FINDING AS REQUIRED BY THE OHIO REVISED CODE
2151.419 .
Mr. Cramer appeals the same judgment entry, raising as error:
THE TRIAL COURT COMMITTED PREJUDICIAL ERROR BY ENTERING A FINDING, BASED UPON INSUFFICIENT EVIDENCE, THAT THE LICKING COUNTY DEPARTMENT OF HUMAN SERVICES HAD MADE REASONABLE EFFORTS TO PREVENT THE REMOVAL OF THE CHILD FROM HER HOME, AND BY NOT SETTING FORTH SPECIFIC FACTUAL FINDING AS REQUIRED BY OHIO REVISED CODE
2151.419 .
Because both assignments of error raises the identical issue, we address them together.
Appellants contend R.C.
This Court has previously reviewed the question of whether the requirements of R.C.
The Judgment Entry of the Licking County Court of Common Pleas, Juvenile Division, is affirmed.
By: Hoffman, J., Gwin, P.J. and Reader, J. concur.
For the reasons stated in the Memorandum-Opinion on file, the July 3, 1997 Judgment Entry of the Licking County Court of Common Pleas, Juvenile Division, is affirmed. Costs assessed to appellants.
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