¶1 dissenting.
¶2 The state must prove that the defendant acted recklessly. 6 While Ms. Morton was negligent in not keeping good count of the children, and in not keeping the infant in her direct care, I am not willing to believe that she acted “with heedless indifference to the consequences,” and “perversely” disregarded a known risk that her conduct would cause harm to the child. 7
¶3 Not all negligence by parents that could possibly result in harm to their children is criminal conduct, as this court has held before. 8
¶4 This case is an example of the tendency to brand parents as criminals because of lapses in judgment. Ms. Morton should be applauded for being a foster parent — though it does seem that an infant might be better placed where the caregiver has fewer parenting responsibilities — not convicted of a crime.
¶5 . State v. McGee (1997), 79 Ohio St.3d 193, 680 N.E.2d 975.
¶7 . See, e.g., State v. Martin (1999), 134 Ohio App.3d 41, 730 N.E.2d 386.