[This opinion has been published in Ohio Official Reports at 74 Ohio St.3d 1280.]

IN RE OWENS. [Cite as In re Owens, 1996-Ohio-273.]

Appeal dismissed as improvidently allowed. (No. 94-1806—Submitted November 15, 1995—Decided January 3, 1996.)

APPEAL from the Court of Appeals for Cuyahoga County, No. 66452. ___________________ Stephanie Tubbs Jones, Cuyahoga County Prosecuting Attorney, Lynne A.

Yohe, Sharon Hawk and Arline M. Zehe, Assistant Prosecuting Attorneys, for appellant Cuyahoga Support Enforcement Agency.

Betty D. Montgomery, Attorney General, and Karen Lazorishak, Assistant Attorney General, urging reversal for amicus curiae, Ohio Department of Human Services. ___________________ {¶ 1} The appeal is dismissed, sua sponte, as having been improvidently allowed.

MOYER, C.J., WRIGHT, F.E. SWEENEY, PFEIFER AND COOK, JJ., concur.

DOUGLAS, J., dissents.

RESNICK, J., dissents and would reverse the judgment of the court of appeals. ___________________