In re A.B.C., 2011 Ohio 531

Parents Kayla Pitts and Parker Crissey appeal a March 19, 2010 judgment of the Stark County Juvenile Division finding their son A.B.C. dependent and placing him in the care of a relative with protective supervision.
SCDJFS filed Jan. 7, 2010, alleging A.B.C. was dependent/abused/neglected after a leg fracture and bruising; medical staff attributed the injuries to abuse.
A.B.C. (born 7/26/2009) was temporarily placed with maternal great-grandmother Margie Pitts with protective supervision.
Adjudicatory hearing occurred March 18, 2010; physicians and a pediatrician testified about bruising, fracture, and differential diagnoses.
Dr. Steiner concluded abuse was the only remaining explanation after testing; Dr. Rawal and others presented evidence of concern but did not rule out other causes.
The trial court found A.B.C. dependent and ordered placement with Margie Pitts; Parents appealed, and SCDJFS cross-appealed on weight/sufficiency grounds.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Compliance with R.C. 2151.28(L) findings	Pitts argues the court failed to make required specific findings.	SCDJFS contends the findings were adequate under the statute.	Fifth assignment sustained; lack of required findings requires remand for proper findings.

In re Bibb, 70 Ohio App.3d 117 (Ohio Ct. App. 1980) (dependency focus on child's condition, not parental fault)
Cross v. Ledford, 161 Ohio St. 469 (1954) (standard of proof for civil matters (clear and convincing) referenced)
In re Ament, 142 Ohio App.3d 302 (Ohio Ct. App. 2001) (dependency requires adverse conditions or environment affecting child)
In re Alexander C., 164 Ohio App.3d 540 (Ohio Ct. App. 2005) (parental conduct may be considered to shape environment; focus remains on child)
In re Ohm, 2005-Ohio-3500 (Ohio Ct. App. 2005) (parental conduct relevant only if it impacts child reasonable environment)