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In re C.L.M.

Court of Appeals of Ohio, Eighth District

September 19, 2013

IN RE: C.L.M. A Minor Child Appeal by Cuyahoga County Department of Children and Family Services

Civil Appeal from the Cuyahoga County Court of Common Pleas Juvenile Division Case No. DL-11118577

ATTORNEYS FOR APPELLANT Timothy J. McGinty Cuyahoga County Prosecutor By: Cheryl Rice Assistant County Prosecutor.

ATTORNEYS FOR APPELLEES

For C.L.M. Robert L. Tobik Cuyahoga County Public Defender By: Ashley Christine Nikithser Assistant Public Defender.

For Kenneth Davis Kenneth Davis Inmate No. 522-239 Marion Correctional Institution.

Guardian Ad Litem Gregory T. Stralka.

For Maria Kawentel Maria Kawentel ODYS.

For T.B.M., T.B.M.

BEFORE: Rocco, J., Boyle, P.J., and EA. Gallagher, J.

JOURNAL ENTRY AND OPINION

KENNETH A. ROCCO, J.

(¶1} Appellant Cuyahoga County Department of Children and Family Services ("CCDCFS") appeals from an order committing juvenile, C.L.M., to the emergency custody of CCDCFS. Because the magistrate lacked the authority to issue the order, we reverse and vacate the order, and we remand the case to the trial court.

(¶2} This is the second time that this case has come before our court. See In re C.L.M., 8th Dist. Cuyahoga No. 97980, 2012-Ohio-5175 ("C.L.M. 7"). On January 19, 2012, C.L.M. was adjudicated delinquent for the attempted rape of his three-year-old neighbor. C.L.M. was 14 years old at the time of the offense. The juvenile court committed C.L.M. to an Ohio Department of Youth Services ("ODYS") secure facility for a minimum period of one year and a maximum period until C.L.M. 's 21st birthday. C.L.M. was classified as a tier II sex offender.[1]

(¶3} After serving the minimum amount of time at an ODYS secure facility (which included credit for time in detention), C.L.M. was released on supervised release on November 7, 2012.[2] C.L.M. was placed on the re-entry court docket.[3] C.L.M. was placed at Claudia's Family Development Group Home ("Claudia's Home"). ODYS maintained legal custody of C.L.M. while he was on supervised release.

(ΒΆ4} C.L.M. appeared before the re-entry court on November 19, 2012, where the court approved an ODYS unified case plan outlining C.L.M.'s integration back into the community. As part of his ODYS unified case plan, C.L.M. was enrolled in the Cleveland ...


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