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Man Jailed After Daughter Fails To Get GED (Nanny State Alert)
WCPO Channel 9 ( ^ | 5/09 3:54 pm | Deb Silverman

Posted on 05/11/2008 4:18:12 PM PDT by ChildOfThe60s

A Fairfield man is in jail because his daughter hasn't gotten her General Equivalency Diploma (GED).

A judge ordered the father to stay on top of his daughter's education months ago and when that order wasn't followed, Brian Gegner was sentenced to 180-days in the Butler County jail.

The daughter, Brittany Gegner, says her father shouldn't be punished for her problems.

Especially, she says because she's now 18, an adult.

"It's ridiculously wrong," said Brittany Gegner.

"Of all the punishments they could have given him, to make him go to jail?," she asked. "I mean, probation – until I get my GED – would be reasonable, but to send him to jail? That's overboard."

Butler County Juvenile Court Judge David Niehaus ordered Gegner to jail for contributing to the delinquency of a minor by not following a court order which required Gegner to be sure his daughter got her GED.

This comes after ongoing problems of Brittany skipping classes at Fairfield High School and then, Butler Tech.

While Brian Gegner had custody of her, Brittany says it was while she lived with her mother that she was truant.

"I'm about to be 19 and my Dad's being punished for something I did when I was 16," she said.

"It's like I should, if anybody should be punished for this," said Brittany. "I would way rather me go to jail than my Dad."

"They probably should have punished me if they were going to punish anybody," said Brittany's mother Shana Roach. "Because she did live with me at the time, but because he had the custody, that's why he's being punished."

"But I don't understand the punishment all together because she's going to school, she's been going for four months," said Roach. "The only thing that's holding her back is she can't pass her math test."

Brittany has a daughter who's about 18-months-old.

She says she's determined to pass the GED for her daughter – and her father.

The judge says if she passes the test, her father could get out of jail before his six-months sentence is up.

Brittany's step-mother worries the time in jail will ruin their family.

She says he could lose the job he's worked for 15-years.

"I never dreamed they would put him in jail for this – for six months – it's crazy," said Stephanie Gegner, Brittany's step-mother.

"He has no control over what his adult daughter does," she said. "He just doesn't."

Court administrators say that even though Brittany is an adult now, the case remains active in their court because she was a juvenile when the problems started.

They say this type of punishment is rare and reserved for extreme cases when court orders aren't met.


TOPICS: Culture/Society; US: Ohio
KEYWORDS: education
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So a judge thinks that somehow a man can force a 16 YO to study and pass a test.
1 posted on 05/11/2008 4:18:12 PM PDT by ChildOfThe60s
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To: ChildOfThe60s

Why don’t they jail all the other parents whose children don’t finish high school?

Heck, in Chicago, that’s about 60% of all parents.


2 posted on 05/11/2008 4:20:07 PM PDT by ConservativeMind
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To: ChildOfThe60s
But I don't understand...

There are many things you won't get without a GED....

3 posted on 05/11/2008 4:21:02 PM PDT by Drango (A liberal's compassion is limited only by the size of someone else's wallet.)
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To: ChildOfThe60s

. . . and what is the State? That sounds like U.S. broadcast call letters so I suppose it is in the U.S.


4 posted on 05/11/2008 4:21:19 PM PDT by the_Watchman
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To: ChildOfThe60s

Insanity rules. Whatever problems this family had or has I don’t see how this could possibly help the situation.


5 posted on 05/11/2008 4:23:19 PM PDT by Tammy8 (Please Support and pray for our Troops, as they serve us every day.)
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To: ChildOfThe60s

Put the judge in jail.


6 posted on 05/11/2008 4:23:47 PM PDT by devere
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To: ChildOfThe60s

A bit of judicial overreaching? Uh...yup, IMO. This is pathetic. This man has a job of 15 years, had custody of the child after a split in the marriage, and is biting the big one for actions of the 16yo kid and her mother, some three years back?
Deadbeat dads don’t get 6 months around here...must be saving jail space for the ones trying to the do the right thing.


7 posted on 05/11/2008 4:25:49 PM PDT by PubliusMM (RKBA; a matter of fact, not opinion)
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To: ChildOfThe60s

I haven’t decided if I agree with this or not...but hey...it’s working. She’s serious about getting her GED now.


8 posted on 05/11/2008 4:26:27 PM PDT by CindyDawg
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To: the_Watchman

I think it is Ohio, but I couldn’t tell for sure. These idiot news sources assume that somehow we will know the state by the name of the city


9 posted on 05/11/2008 4:26:47 PM PDT by ChildOfThe60s (If you can remember the 60s........you weren't really there)
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To: ChildOfThe60s
If he applied the "Rule of Knowledge" to the "Fundament of Understanding", the father would be in jail for child abuse.

/johnny

10 posted on 05/11/2008 4:26:59 PM PDT by JRandomFreeper (Bless us all, each, and every one.)
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To: the_Watchman

The news came out of Cincinnatti.


11 posted on 05/11/2008 4:27:32 PM PDT by widowithfoursons
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To: ChildOfThe60s

There must be no real criminals in Fairfield.


12 posted on 05/11/2008 4:27:32 PM PDT by pnh102 (Save America - Ban Ethanol Now!)
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To: ChildOfThe60s

This is outrageous.

I’d like to order the judge’s wife to ensure that the judge gets his medical degree in two years, or she goes to jail.


13 posted on 05/11/2008 4:27:40 PM PDT by Dog Gone
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To: the_Watchman

Fairfield is a suberb of Cincinnati, OH.


14 posted on 05/11/2008 4:27:46 PM PDT by Clarinet_King (Det 4 21st Operations Group - Siempre Vigilantes Del Cielo - Detect, Track, Deter HUA!)
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To: ChildOfThe60s
This Judge is totally out of control. The governor needs to step in and get rid of this lunatic.
15 posted on 05/11/2008 4:28:06 PM PDT by HEY4QDEMS
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To: ConservativeMind

Why don’t they jail the TEACHERS when kids don’t pass?


16 posted on 05/11/2008 4:28:06 PM PDT by foghornleghorn
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To: Gabz

Nanny ping


17 posted on 05/11/2008 4:28:13 PM PDT by HungarianGypsy
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To: ConservativeMind

How many of those parents would be getting their kids to school if they knew they could go to jail?


18 posted on 05/11/2008 4:28:29 PM PDT by CindyDawg
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To: HEY4QDEMS

I’m not sure we have the whole story here. Has this family been in trouble with this girl before? Was the dad warned? Are they supporting the child or is the state?


19 posted on 05/11/2008 4:30:53 PM PDT by CindyDawg
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To: the_Watchman; Admin Moderator
"60sChild" was too buzzed-out to say, but I'll make a lousy guess that it's Hawaii.

"60sChild" was also too buzzed-out to notice this little item following the article: Copyright 2008 The E.W. Scripps Co. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Yours in the service of maintaining FR...

20 posted on 05/11/2008 4:31:45 PM PDT by Clint Williams (Read Roto-Reuters -- we're the spinmeisters!)
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To: ChildOfThe60s
Brittany's step-mother worries the time in jail will ruin their family.

She says he could lose the job he's worked for 15-years.

Basically this judge has sentenced this man and his family to poverty.

If he has a mortgage he will likely lose his house as well as his job.

21 posted on 05/11/2008 4:32:17 PM PDT by Pontiac (Your message here.)
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To: ChildOfThe60s

Stupid moonbat judge - any parent can tell you that kids really do whatever the hell they feel like way before the age of 10. This ruling will be overturned on appeal, but it still seems so.........big government.


22 posted on 05/11/2008 4:32:27 PM PDT by Baladas (M)
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To: ChildOfThe60s
These idiot news sources assume that somehow we will know the state by the name of the city

I'm no fan of the MSM, but to be fair, the source of this story is from a Cincinatti local news station. It wasn't a national broadcast.
23 posted on 05/11/2008 4:35:27 PM PDT by HEY4QDEMS
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To: HEY4QDEMS; ChildOfThe60s

Took me 23 seconds to discern that. (Of course, I knew “Cincy” was Cincinnati so I terminated the search there.)


24 posted on 05/11/2008 4:39:42 PM PDT by sionnsar (trad-anglican.faithweb.com |Iran Azadi| 5yst3m 0wn3d - it's N0t Y0ur5 (SONY) | UN: Useless Nations)
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To: Dog Gone

Sounds fair.


25 posted on 05/11/2008 4:40:00 PM PDT by Sue Perkick (And I hope that what I've done here today doesn't force you to have a negative opinion of me....)
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To: ChildOfThe60s

Outrageous. It’s like what a communist regime would do.


26 posted on 05/11/2008 4:40:36 PM PDT by TheThinker (Capitalism is the natural result of a democratic government.)
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To: CindyDawg
I’m not sure we have the whole story here. Has this family been in trouble with this girl before? Was the dad warned? Are they supporting the child or is the state?

According to this article, the answers to your first two questions are yes and yes. As for your third question I don't know but I don't see how that is relevant unless we have a law on the books that mandates jail time for all welfare recipients whose children fail to get a HSD.
27 posted on 05/11/2008 4:40:51 PM PDT by HEY4QDEMS
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To: ChildOfThe60s
Well, if Ohio judges are elected as California judges are, maybe this young lady might want to campaign for hizzonnor come next election, to his dismay.
28 posted on 05/11/2008 4:42:16 PM PDT by Navy Patriot (John McCain, the Manchurian Candidate.)
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To: ChildOfThe60s

“So a judge thinks that somehow a man can force a 16 YO to study and pass a test. “

I wonder what would happen to the Judge, if this guy beat the cr@p out of his daughter ?


29 posted on 05/11/2008 4:45:43 PM PDT by stompk
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To: foghornleghorn

Sounds reasonable. /sarc-not


30 posted on 05/11/2008 4:50:58 PM PDT by junkman_106 (Once is chance, twice is coincidence, thrice is enemy action ---007/Ian Fleming)
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To: ChildOfThe60s

“Court administrators say that even though Brittany is an adult now, the case remains active in their court because she was a juvenile when the problems started.”

So why did they not put him in jail when she dropped out of school as a juvenile??????


31 posted on 05/11/2008 4:51:23 PM PDT by Morgana (Muslims.......I can't believe these people are that crazy without alcohol!)
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To: HEY4QDEMS
I don't know about jail...but holding parents accountable for their kids raising...what an interesting concept, huh?

I wonder what would happen if parents were told that they will support minor grandchildren with no state help or after 2 chances be put in jail for neglecting to supervise their kids. I'm a grown up project kid but I can hear it from my momma now.." You aren't going nowhere with him alone. I ain't raising your kids...or..you get yourself in the car. I'm taking you to that school myself. I ain't going to jail caz you want to skip school". JAT

32 posted on 05/11/2008 4:52:37 PM PDT by CindyDawg
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To: Baladas
This ruling will be overturned on appeal

It's too bad that it even has to go that far. The girl is 18 which means we have a judge on the bench who is oblivious to emancipation laws, or he just doesn't GAF, either way, that is a scary thing.

This judge is dangerous.
33 posted on 05/11/2008 4:52:51 PM PDT by HEY4QDEMS
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To: HEY4QDEMS

You just can’t order someone to compel the behavior of another, especially when it’s a performance measure, at the risk of being jailed.

A parent can be held civilly liable for the actions of a minor in their custody, but that involves monetary damages. If your kid breaks out the windows of every car on the block, you’re in trouble. If you told him to do it, then you can go to jail.

But this is far different. It’s not legally distinguishable from an order by the court that you make sure your kid qualifies for the Indy 500 or you go to jail.

It’s not something within your control.


34 posted on 05/11/2008 4:54:10 PM PDT by Dog Gone
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To: Dog Gone

You’re preaching to the choir my friend.


35 posted on 05/11/2008 4:55:46 PM PDT by HEY4QDEMS
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To: CindyDawg

Kudos to your mom CD. Fortunately for her, you respected her wishes and demands.

Not all parents are so blessed.


36 posted on 05/11/2008 4:58:23 PM PDT by HEY4QDEMS
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To: ChildOfThe60s

The daughter’s the problem. If she doesn’t pass, she gets no GED - it’s that simple. Why it’s somehow this guy’s fault is beyond me.


37 posted on 05/11/2008 4:59:45 PM PDT by meyer (Still conservative, no longer Republican)
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To: ChildOfThe60s
and reserved for extreme cases

This case hardly seems extreme. A juvie judge sentences the non-custodial parent (in real life, not on paper)? Sucks to be a dad all the way around. I know judges get broad discretion when it comes to contempt charges but this one seems to scream for judicial review.

... or we only have a fraction of the real story.

38 posted on 05/11/2008 5:01:38 PM PDT by NonValueAdded (Who Would Montgomery Brewster Choose?)
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To: ChildOfThe60s

This is really dumb.

There are dropouts all over the place, nobody should be in jail.


39 posted on 05/11/2008 5:01:43 PM PDT by Kenny500c
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To: HEY4QDEMS

Please don’t think I was trying to correct you. You were the latest reply on the thread when I started to compose mine, so I used it as a handy Reply To.


40 posted on 05/11/2008 5:01:59 PM PDT by Dog Gone
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To: HEY4QDEMS; All

Search this juvie judge:

http://www.google.com/search?q=%22David+Niehaus%22+butler&hl=en&start=20&sa=N

Colorful, isn’t he?


41 posted on 05/11/2008 5:04:03 PM PDT by Baladas (M)
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To: the_Watchman

Its in ohio about 30 miles from me !


42 posted on 05/11/2008 5:05:19 PM PDT by ATOMIC_PUNK (http://eaglecooler.wordpress.com/)
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To: Dog Gone

No, not at all.

Peace


43 posted on 05/11/2008 5:05:34 PM PDT by HEY4QDEMS
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To: foghornleghorn
Why don’t they jail the TEACHERS when kids don’t pass?

How about putting the Kids in jail - they're the ones not grasping the material. I don't know why this society seems so intent to blame everybody but the one at fault.

44 posted on 05/11/2008 5:07:40 PM PDT by meyer (Still conservative, no longer Republican)
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To: meyer
How about putting the Kids in jail - they're the ones not grasping the material. I don't know why this society seems so intent to blame everybody but the one at fault.

Amen
45 posted on 05/11/2008 5:09:11 PM PDT by HEY4QDEMS
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To: HEY4QDEMS
Ah..well..ah...my Mom ...well she is a good woman.. ok...but...well I was a little bit of a handful.

She needed my dad around. I kind of came and went as I pleased. Some days were just too nice to go to school. It was easier just to let me roam. I could usually get around her.

With a little incentive though she could have made my social life very uncomfortable:')

46 posted on 05/11/2008 5:14:13 PM PDT by CindyDawg
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To: Baladas

Good God.

2 Boys.... 15 Years old rape a third on a bus and GET A TREATMENT PROGRAM

1 Dad... has an 19 year old daughter fail a GED and he gets 6 months.

Bill O’Reilly could do a week in Cincinatti on this POS.


47 posted on 05/11/2008 5:26:31 PM PDT by rwilson99 (Barrack Obama... more in common with Archie Bunker than Tiger Woods)
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To: All
To anyone who thinks the government has any right to tell children or their parents that they have to go to school or face penalty under the law, you are not conservatives. The first laws in this country having to do with children going to school were passed under the guise of making sure kids who wanted to go to school could go without being stopped by parents who wanted he kids to stay home and work the farm.

Like all nanny state laws this was just an excuse and it quickly became a case of "you will send your kids to school even if they don't want to go or else". It is even worse today.

If anyone thinks this judge gave a just sentence, or even if you think he has a constitutional(as opposed to a right under the law, which is different and wrong)right to oder a parent to force a child against their will to attend school or get a GED or diploma, then they had better turn in their conservative credentials for a liberal ID card because liberals they are, or actually socialist, communist, fascist or any other word you can think of that stands for out of control government without regard for the rights of citizens.

48 posted on 05/11/2008 5:28:01 PM PDT by calex59
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To: CindyDawg

I suspect there is more to this story. Not sure if I agree with what the judge did, but it’s impossible to say without knowing all the details.

susie


49 posted on 05/11/2008 5:43:57 PM PDT by brytlea (amnesty--an act of clemency by an authority by which pardon is granted esp. to a group of individual)
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To: HEY4QDEMS

The initial issue didn’t seem to be not getting a degree or GED, but truancy. I know that in TX parents can go to jail for this, and I suspect that what happened is the judge told the father that if the girl got her GED he would drop it. The girl didn’t, and so now the man is going to serve the time.

At least that’s my best guess.

susie


50 posted on 05/11/2008 5:46:38 PM PDT by brytlea (amnesty--an act of clemency by an authority by which pardon is granted esp. to a group of individual)
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