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In re Hlavsa

May 3, 2001

IN THE MATTER OF: KYLE HLAVSA, A MINOR [APPEAL BY MICHELLE CLARK, A/K/A MICHELLE HLAVSA]


CHARACTER OF PROCEEDING Civil appeal from Court of Common Pleas Juvenile Division, Case No. 98-94301

The opinion of the court was delivered by: Kenneth A. Rocco, J.

JOURNAL ENTRY and OPINION

JUDGMENT AFFIRMED.

Michelle Clark, also known as Michelle Hlavsa, appeals from an order of the juvenile division of the common pleas court awarding permanent custody of her son, Kyle Hlavsa, to the Cuyahoga County Department of Children and Family Services ( CCDCFS ). She argues that:

THE TRIAL COURT ERRED AND ABUSED ITS DISCRETION IN REFUSING TO GRANT A MINIMAL AND REASONABLE CONTINUANCE OF APPELLANT'S PERMANENT CUSTODY HEARING WHERE THE APPELLANT'S MENTAL CONDITION HAD BEEN UNQUESTIONABLY AND SIGNIFICANTLY COMPROMISED BY THE MEDICATIONS INVOLVING TRANQUILIZERS AND PSYCHOTROPICS GIVEN BY THE AUTHORITIES SHE HAD BEEN IN THE CUSTODY OF ON THE SAME DAY AS AND ON THE PREVIOUS DAY OF THE HEARING.

We find the trial court did not abuse its discretion by refusing to continue the hearing. Accordingly, we affirm.

Kyle Hlavsa and his half-sister, Andrea Hlavsa, were placed in the emergency custody of the CCDCFS in November 1998 after police took custody of their mother and her husband and parents in connection with the death of a two-month-old infant. The children were subsequently placed in the ...


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