Butler County Fair
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Man jailed after daughter fails to get GED to appear in court
Comment: What should the judge rule in the case?
Friday, May 16, 2008
HAMILTON — A Fairfield man is scheduled to be in court today, May 16, for a hearing to mitigate his 180-day jail sentence he is serving for not assuring his daughter earned a high school equivalency diploma.
Last week, Butler County Juvenile Court Judge David Niehaus ordered Brian Gegner of Fairfield to served his sentence for contributing to the deliquency of a minor — his daughter Brittany Gegner, who failed to get a diploma.
Extras
He was ordered months ago to make sure Brittany, now 18, received her GED as part of Niehaus' decision to suspend his jail sentence. According to court records, Gegner and his daughter appeared in court twice after Niehaus gave the terms of the suspended sentence. Both times Brittany had not received a diploma. On May 7, Niehaus apparently decided the chances had run out and sent Gegner to jail.
Brittany Gegner, who claims she plans to take a required GED test this month, said her father shouldn't be blamed for her failure because she has been living with her mother.
"It was my wrongdoing, not his," said Brittany Gegner, whose fiance and 18-month-old daughter also live at her mother's home in Hamilton.
Her mother agrees.
"Brittany is almost 19 years old now and I think it's unfair to put her father in jail," said Shana Roach.
Rob Clevenger, Butler County court administrator, said this case has long history that began with Brittany's habitual truancy in 2005 when she was 15 and continued until the legal term became chronic truancy, a civil matter. Eventually with repeat offenses, Gegner was charged criminally because he could not insure is daughter attended school. While the girl may have lived with her mother during part of her school years, Gegner was her legal guardian.
In 2007, 196 parents were charged with contributing to the deliquency of a minor for not compelling their children to attend school. He said other parents who did not comply have gone to jail, although he could not specify how many.
"We do everything we can to support schools. Truancy laws are important. So is an education," Clevenger said.
On Monday, May 12, defense attorney Tamara Sack filed a motion to reconsider the sentence. Clevenger said it is his understanding that an adult education program has offered to help Brittany to get a GED.
(The Associate Press contributed to this story)
Comments
By lindsay
June 9, 2008 5:25 PM | Link to this
All of the comments made thus far are made in ignorance and pure stupidity. The girl got pregnant at what 16? Big deal, she’s not the only one who’s gotten pregnant and not finished school(the fault of the AWFUL hormones). She was constantly skipping school, why? Most likely because she hated going to school, and why would she hate going to school? Idiotic teachers who don’t care, perhaps? Bullying? Perhaps she was not learning anything.Perhaps she was sick (oh and did we forget she had a BABY!)
By Mary
May 20, 2008 6:20 AM | Link to this
Seems to me be more effective to punish the daughter for not getting her GED and as mentioned she is having trouble with the math area. Putting Dad in jail solves nothing
Mary www.rickyslife.com
By michelle
May 18, 2008 11:47 AM | Link to this
did any one ever think the father might have put his foot down but can not control her.yes i agree that parents be responsible but if parents have to work to make a living u can not control what happens doing the day when u are working.its not like the olden days where ur parents could get a switch or belt and give u a tap on the behind.we can thank the system for telling us how to rise our kids..i think she should spend time in jail not her father.kids these days think they rule the house.
By CA Campbell
May 17, 2008 9:04 AM | Link to this
The judge is trying to get this girl off her soon to be on welfare butt and be something other then a drain on the rest of us working people. She apparently cares more about having kids and sitting on her lazy butt then her father. Someone needs to act like an adult and push this piece of work to be more then another loser taking money for being nothing. Good job Judge thanks for trying to show these people the right way to raise a kid, they definetly miss the boat.
By red
May 16, 2008 11:37 PM | Link to this
If the same rational fits, then when a child attends school and can not be educated, the school administrators should receive a similar fate. But the Judges wife is one of them…..so where’s the EQUAL treatment?
By LGoins
May 16, 2008 11:25 PM | Link to this
Honor they Father and thy Mother. IF the daughter really cared about her father she would of got her sorry a*s to the nearest GED site and tested. Her mother is just as much to blame as her father for not raising her with morals. The mother of the boyfriend is just as much to blame for him having a child out of wedlock he can’t care for either, which makes it better for the daughter to use goverment tax money to live off easier. Everyone of them should be taking the blame. GO JUDGE!
By RMatthews
May 16, 2008 10:59 PM | Link to this
What a disrespectful little brat! It is probably due to lack of discipline. If she had her behind tanned a few times when she was younger, she may have done what she was told to do. She obviously has no respect for authority, herself or her father. I was a teenage mother also, no excuse. Why do we continue to make excuses for our children instead of holding them accountable? Why was her mother not held to the same level of accountability? I vote mom and brat go to jail too, be fair!
By win
May 16, 2008 6:56 PM | Link to this
The girl, her boyfriend and her child live with the girls Mother now.
The girl had also said she missed school because of feeling ill due to stress and pregnancy. She has been working on her GED now.
The Father had said he took her to school, but she would leave without his permission. The Mother had also said it was the daughters fault.
The Judge failed justice.
By Dave
May 16, 2008 5:44 PM | Link to this
I don’t know the full story and will not pass judgement on the girl or her father. However I have to wonder what will happen if a child has good attendance passes all their classes but doesn’t pass the OGT will the judge put the teachers and school administrators in jail because the child failed to pass, or will he put the parents in jail for the schools inability to properly instruct the child?
By alison
May 16, 2008 4:30 PM | Link to this
And yet another court date by which time the daughter will be 19? And if she has still failed maths?
The father no longer has control of his daughter in law or in substance. You can’t “make” and 18/19 year old do anything that they don’t want to do - the judge needs to move on and not waste taxpayers money on more hearings.
JUDGE GET OVER IT
By Rick
May 16, 2008 4:18 PM | Link to this
To Wanda, I have heard that old saying about leading a horse to water, however one key factor is missing here. If the horse does not drink it suffers and dies. Honestly no big deal here accept while the horse in this case is waiting to die, she will be milking our welfare system and costing us more money.
So with that said do you want the horse to drink or die.
By just believe
May 16, 2008 2:28 PM | Link to this
If you all would step back and realize the ignorance in all of these rude comments you would see that maybe society is a bit to blame too. None of us KNOW the situation. I was once a teenage mother and I know the struggles of being a teenage mother and having to go to school. I graduated with a high school diploma because judge Niehaus put me in a program where I was drilled every day on the importance of becoming a better person. Was she—the girl who is struggling with her own life—was she offered any help? We all make mistakes..we learn from our mistakes.. If people want to continue to judge others on things they don’t really know about, then where do the expectations really come from? How do you know if they truly did not lock him up? Maybe they had a plan to make the daughter think they had for encouragement…….
By Former Pizza Del Girl
May 16, 2008 2:24 PM | Link to this
Judge, Seriously, do something with the girl, make her pay. She’s now 18, she needs to realize her decisions affect others. About the pizza delivery comment, dude, get a life. those boys killed and robbed one driver, then robbed another. how would you feel if the crap was beat out of you for a few bucks, when all you’re doing is your job! if you’re related to one of those “boys”, take a look at them, you’ll see some cold-hearted murderers, and you’ll not convince me otherwise. grow a dick!
By Not such a know it all
May 16, 2008 2:19 PM | Link to this
I am a hard working mother who has always worked closely with my child and her teachers to ensure that she is in school and doing what is required but I can tell you when you are dealing with strong willed children nothing is easy! This problem is bigger then one family. There are issues about this caes the no one in the public will ever know and until you know all the facts no one should judge. The bigger question is why did she not go to school in age of bullies, social group, gangs WHY?
By AJ
May 16, 2008 2:19 PM | Link to this
Thank you Gloria! I’m tired of everyone ALWAYS blaming the parents. I have battled the last two years getting my child to school and to do the right thing. There is only so much a parent can do sometimes. I consider myself a hands-on parent who has raised my children to the right thing. There comes a time when it becomes the child’s responsibility to make the right choices and nothing we as parents do or say makes much difference to them. Time to lock the kids up..not the parents!
By Gloria
May 16, 2008 1:35 PM | Link to this
A parent can punish a child, hold privledges, talk and pray but the bottom line is, at one point, you can not control your child. You can train them in the way to live in society but it is then up to them, how they live. Believe me we have been there, shed tears and had our child in counciling . It was a long road until we had a sucsessful outcome. You could have put us in jail but at what cost. We had done everything possible. It is up to the kids then to make the right choices. Some do!
By legalbeagle
May 16, 2008 12:49 PM | Link to this
Under Ohio law, the judge cannot place a minor in detention for truancy. To Rick: Well said. There are too many parents in the world today who don’t know how to be a parent or won’t put their foot down and expect someone else to do it for them. Hopefully, this girl has finally learned something. Apparently, having a child didn’t make her realize that her actions affect other people’s lives, too. Maybe this will. Then again, the way people make her & dad out to be the victims, maybe not.
By BIG DICK DICK DUDDLEY
May 16, 2008 12:00 PM | Link to this
THE GIRL NEEDS JAILTIME HER BABY TO SOCAL SERVICES THE BOYFRIEND FOR SEX WITH A MINOR JUDGE NIEHAUSE YOU DID NOT DO YOUR JOB YOU NEED TO RESIGN YOUR POST TWO WORDS FOR YOU JUDGE PIZZA DELIVERY THE MOTHER NEEDS JAIL TIME TO FOR ALLOWING HER DAUGHTER TO HAVE SEX
By Faith
May 16, 2008 10:57 AM | Link to this
I wonder why the truancy only dates back to age 15. I work in an elementary school and have taught Special Ed in high schools. It’s been my prior experience that poor school attendance begins in the early grades and these students often end up on IEPs. Unless the family moved to Butler County when she was 15, the situation should have been worked way before she became a minor. Maybe if the 18 year old ends up in jail, her child will stand a chance and had good school attendance.
By wanda
May 16, 2008 10:44 AM | Link to this
What is wrong with this picture, No common sense. Who punishes the Judge and sends him to jail for his wrong decisions? The old saying is you can lead a horse to water but you can’t make him drink.
By love my kids
May 16, 2008 10:24 AM | Link to this
jail is not the answer. its parents who bring these kids into this world. we all know the court system is a joke these days. its not about the kids anymore it about the people who have kids then split up or just dont care. its not the kids fault its there guidence and direction we need america back come on people lets help each other again like the old days i am on my kids every day at every second i know where they are and what they are doing at all times its to BAD IF THEY DONT LIKE IT…..
By Ann
May 16, 2008 9:56 AM | Link to this
this sounds like my stepdaughter…she spends time with her loser mother, the mother tells her father she will make sure she goes to school, then we find out she didn’t go….her father has legal custody..we have talked till we are blue in the face about the importance of education but she doesn’t seem to care..how do you force her to go or stay in school when you are at work all day? we can’t take away the car because she needs it to go to work? PUNISH THE CHILD!..parents can only do so much!!
By Kathy
May 16, 2008 8:43 AM | Link to this
Yes, I would hold the parents responsible. However, I would hold the daughter just as accountable!! At the age of 19, she should know the consequences of her actions!
By Rick
May 16, 2008 8:29 AM | Link to this
A couple of things have that bother me about this story is the facts. Since we do not know them all and since the girl was a minor we will only hear from her and the father’s side. I have a huge foul taste in my mouth for what the national media has done with this case and story.
In Ohio the parent is responsible for your children’s actions, it is the law, the Judge is acting on the law he has no agenda here. Parents and the schools no longer want the responsibility of managing the kids they want the court to do so. Stop by the Juvenile Court one day and look at the number of people there. Twenty years ago we had one judge now, two judges and several magistrates. People these are tax dollars that are paying for these parent that don’t parent, oh but wait they can not afford attorneys so the court appoints one for them, more tax dollars.
I commend Judge Niehaus and his staff for the job we have asked them to do. I am grateful that someone is there to put a stop to this nonsense. We as the community should be behind the Judge and his court, they have the chance to turn people around before they are the next mass murder and until we are willing to parent and stand up to our children and quit being their friend the court has too.
I had the unfortunate opportunity to meet Judge Niehaus several years ago when I was a minor. I can honestly say that I did not like that meeting. However, since he lectured me I turned my life around and have nothing but respect for the judge. Thank you, Judge Niehaus you have my support!
By Tom
May 16, 2008 8:14 AM | Link to this
Where has our society come to when we can be incarcerated for not accepting the gift of an education? What omnipotence does this judge possess to lock up someone for ignorance. I am sure if the judge examines his own past he will find someone in his own family tree that negated the influence of education. Perhaps had the judge of that time locked up his ancestors, this judge would not be so quick to fire the gun of arrogance at this father. Where does it stop people? Hello Big Brother!
By Judy
May 16, 2008 7:39 AM | Link to this
I have to comment on Nikki’s comment that the child will probably follow in the mothers footsteps. I am sure that the daughter will want to better herself and not make the same mistakes that the mother made. Whether they are wrong or right. No one is perfect. You can take the child to school and watch them walk into the school and when they think you are out of site they can just walk out. I think they should have badges and have to scan so you know they are actually there or were there.
By Judy
May 16, 2008 7:39 AM | Link to this
I have to comment on Nikki’s comment that the child will probably follow in the mothers footsteps. I am sure that the daughter will want to better herself and not make the same mistakes that the mother made. Whether they are wrong or right. No one is perfect. You can take the child to school and watch them walk into the school and when they think you are out of site they can just walk out. I think they should have badges and have to scan so you know they are actually there or were there.
By Jim
May 16, 2008 7:09 AM | Link to this
How does someone contribute to the delinquency of a minor (currently) if the “minor” is 18 years old? If this was not handled when she was a minor, the time for the court to do something seems to have passed. Possibly, the court is to blame as much as the father?
By Jim
May 16, 2008 7:09 AM | Link to this
How does someone contribute to the delinquency of a minor (currently) if the “minor” is 18 years old? If this was not handled when she was a minor, the time for the court to do something seems to have passed. Possibly, the court is to blame as much as the father?
By Nicki
May 16, 2008 12:21 AM | Link to this
Both parents and the girl are responsible for what has happened. The girl seems to be a lost cause. Her parents had no control over her when she was a minor-she got pregnant and never finished school
I am willing to bet that the goverment is now taking care of Brittany and her child because she is too sorry to do so herself.
The sad thing is that her child will probably follow in her footsteps because she will know nothing different.
By Nicki
May 16, 2008 12:20 AM | Link to this
Both parents and the girl are responsible for what has happened. The girl seems to be a lost cause. Her parents had no control over her when she was a minor-she got pregnant and never finished school
I am willing to bet that the goverment is now taking care of Brittany and her child because she is too sorry to do so herself.
The sad thing is that her child will probably follow in her footsteps because she will know nothing different.
By Bill
May 15, 2008 11:25 PM | Link to this
I believe Judge Niehaus should lock the girl up also. She seems to be the root of the problem. Her mom out to be held responsible also. How many kids end up losers because their parents are losers to start with. What is wrong with the US of A anymore?
I bet the boy friend is a loser also!
By Pimlico
May 15, 2008 10:10 PM | Link to this
Illiteracy seems to run in this family. Had the loser parents instilled the importance of education to this girl, she would have a High School diploma and probably be childless (two good things). It’s a shame the courts are saddled with these Darwin Award contenders.
By George
May 15, 2008 9:53 PM | Link to this
It looks like the judge is hammering the father to cover up his own failings. The problem started 3 years ago and was brought before the court many times. EVERY TIME the judge let them off with no serious punishment.
If a penalty was going to be assessed, it should have happened when it made a difference. Delayed punishment has no corrective or rehabilitative effect. At this point the father is in a no-win situation. He can’t legally force her to do anything she doesn’t want to do.
By vic
May 15, 2008 9:05 PM | Link to this
he should be punished for not sending his daughter to school. this is one of the biggest reasons so many people are on welfare. they think school is a waste of time.you cannot get a job without a high school diploma.
By babara
May 15, 2008 7:43 PM | Link to this
well she is 18 now and has a baby. if he wanted to put someone in jail he should have done that while she was under age. now he could lose his job and what good is that going to do anyone. i will be glad to see this jugde off the bench.