THE JUVENILE COURT ERRED AND ABUSED ITS DISCRETION BY TERMINATING PARENTAL RIGHTS AS TO JEREMY AND NOAH N. [LAST NAME OMITTED BY COURT] WHEN SERVICE HAD NOT BEEN PROPERLY MADE ON THEIR FATHER IN VIOLATION OF THE FOURTEENTH AMENDMENT OF THE UNITED STATES CONSTITUTION THUS PREJUDICING THE APPELLANT.1
III. MS. N.'S [LAST NAME OMITTED BY COURT] MINOR CHILDREN WERE DENIED THEIR RIGHT TO COUNSEL AND THE COURT ERRED BY NOT APPOINTING AN ATTORNEY TO REPRESENT THE MINOR CHILDREN IN VIOLATION OF JUVENILE RULE 4 AND R.C. 2151.352.
IV. THE TRIAL COURT ERRED IN ALLOWING PLAINTIFF'S EXPERT TESTIMONY WHERE IT WAS NOT SCIENTIFICALLY RELIABLE AS A MATTER OF LAW AND DID NOT SATISFY THE STANDARD ILLUMINATED IN STATE V. DAUBERT.
V. THE JUVENILE COURT ERRED AND ABUSED ITS DISCRETION BY CONDUCTING THE PERMANENT CUSTODY TRIAL AS IF AT DISPOSITION, ALLOWING HEARSAY IN VIOLATION OF JUVENILE RULE 34(I) AND TOTALLY DISREGARDING THE RULES OF EVIDENCE.
VI. TRIAL COUNSEL'S FAILURE TO REQUEST SPECIFIC FINDINGS OF FACT AND CONCLUSIONS OF LAW; FAILURE TO OBJECT TO THE COURT'S FAILURE TO HOLD AN ADJUDICATORY HEARING AND PROCEED DIRECTLY TO DISPOSITION; FAILURE TO OBJECT TO PROCEEDING WHEN SERVICE OF SUMMONS HAD NOT BEEN PROPERLY SERVED UPON ALL THE PARTIES; FAILURE TO REQUEST THAT AN ATTORNEY BE APPOINTED TO REPRESENT THE CHILDREN; FAILURE TO OBJECT TO THE TESTIMONY OF DR. A-Z AS VIOLATIVE OF THE RULES OF EVIDENCE AND FAILURE TO OBJECT TO HEARSAY TESTIMONY, EFFECTIVELY DEPRIVED THE APPELLANT OF THE DUE PROCESS RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL; FAILURE TO OBJECT TO NO CASE PLAN.
VII. THE JUVENILE COURT ERRED AND ABUSED ITS DISCRETION IN FINDING DEPENDENCY AND PERMANENT CUSTODY TO CCDCFS AS THE STATE DID NOT MEET THE REQUISITE BURDEN OF PROOF AND THE JUDGMENT WAS NOT SUPPORTED BY THE MANIFEST WEIGHT OF THE EVIDENCE NOR WERE THE REQUISITE FINDINGS JOURNALIZED BY THE COURT IN ITS FINDING OF DEPENDENCY.
VIII. THE JUVENILE COURT ERRED AND ABUSED ITS DISCRETION AND VIOLATED DEFENDANT'S RIGHT TO DUE PROCESS THAT IS GUARANTEED BY THE FOURTEENTH AMENDMENT OF THE U.S. CONSTITUTION AND ARTICLE I OF THE OHIO CONSTITUTION IN PREPARATION OF ITS 9(C)(11(B) [SIC] RECORD BY ADOPTING VERBATIM THE PROSECUTOR'S VERSION OF EVENT.
Due to the disposition of the first assignment of error, the above assignments are moot and need not be addressed. App.R. 12(A)(1)(c).
Judgment reversed and remanded.
This cause is reversed and remanded to the lower court for further proceedings consistent with this opinion.
It is, therefore, considered that said appellant recover of said appellee costs herein.
It is ordered that a special mandate be sent to the Juvenile Court Division of the Cuyahoga County Court of Common Pleas to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
TIMOTHY E. McMONAGLE, A.J. and DIANE KARPINSKI, J. CONCUR.
1 This assignment of error was withdrawn at oral argument.