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In re S.J.9/21/2005
ord, an error which is ordinarily fatal. See, e.g., State v. McCowan, 9th Dist. No. 02CA008124, 2003-Ohio-1797; State v. Miller (June 7, 2000), 9th Dist. No. 19810. This is because we presume regularity when the record is incomplete, such that we cannot and will not find error in the trial court's reading of a document that is not before us. McCowan at ; Miller at *4-5. In the present case, however, the contents of the Report are not determinative of the issue because we find error before reaching that point in the analysis.
{ } We are reminded that Evid.R. 106 uses the peculiar language "an adverse party may require." These are not words of discretion. We understand this to mean that the court has a minimal obligation to undertake a reasonable review of the document in question, with the presumption that this evidence is admissible unless the court finds the remaining portions of the document to be irrelevant, immaterial, or otherwise inadmissible. In the present case, the magistrate (and later the trial court) undertook no such review and made no such determination. The magistrate himself never looked at the rest of the Report - that itself was error - and therefore we are not called upon to consider either the contents of the Report or the magistrate's reading of it. Under these circumstances, the failure to ensure that the Report was made part of the record is not fatal, in that an obvious error exists regardless of the contents. This assignment of error is sustained.
B. First Assignment of Error
"THE TRIAL COURT ERRED IN UPHOLDING THE MAGISTRATE'S ORDER WHERE THE MAGISTRATE KNEW THE MOTHER HAD A SERIOUS MENTAL ILLNESS, A BIPOLAR DISORDER, AND A GUARDIAN AD LITEM (GAL) HAD TO BE APPOINTED BEFORE THE CASE COULD GO FORWARD."
Second Assignment of Error
"THE TRIAL COURT ERRED IN UPHOLDING THE MAGISTRATE'S ORDER WHERE THE MAGISTRATE AND THE CHILDREN SERVICES BOARD (CSB) WITNESS RELIED HEAVILY ON AN INTERSTATE COMPACT REPORT WHERE THE REPORT WAS DEEPLY FLAWED, INACCURATE, AND VIOLATIVE OF THE AMERICANS WITH DISABILITIES ACT AND SIMILAR STATUTES PROTECTING HANDICAPPED PEOPLE."
Fourth Assignment of Error
"THE TRIAL COURT ABUSED ITS DISCRETION IN UPHOLDING THE MAGISTRATE'S ORDER AWARDING CUSTODY OF THE CHILD TO A NON-RELATIVE, AS THIS WAS NOT IN THE CHILD'S BEST INTEREST."
{ } In light of our disposition of the third assignment of error, we decline to address these assignments of error as they have been rendered moot. See App.R. 12(A)(1)(c).
III.
{ } Ms. Morris' third assignment of error is sustained. The other assignments of error are not addressed. The judgment of the Summit County Court of Common Pleas, Juvenile Division, is reversed and the cause is remanded for further proceedings consistent with this decision.
Judgment reversed, and cause remanded.
The Court finds that there were reasonable grounds for this appeal.
We order that a special mandate issue out of this Court, directing the Court of Common Pleas, County of Summit, State of Ohio, to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to App.R. 27.
Costs taxed to Appellee.
Exceptions.
WILLIAM G. BATCHELDER
SLABY, P.J., WHITMORE, J., CONCUR
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