In re Poling

594 N.E.2d 589, 64 Ohio St. 3d 211
Ohio Supreme Court·Decided July 22, 1992·No. No. 91-1315·Published·Cited by 96 cases

Opinion

Alice Robie Resnick, J.

The issue before this court is whether a juvenile court has jurisdiction to consider the question of custody of dependent children, where custody has previously been determined and granted under a divorce decree pursuant to R.C. 3109.04. Appellant asserts that R.C. 2151.23 confers upon the juvenile court exclusive jurisdiction over the disposition of dependent children. The guardian ad litem supports this position, and also contends that pursuant to R.C. 2151.353 a juvenile court has jurisdiction to make an award of legal custody concerning any child who has been adjudicated a dependent minor.

Our analysis begins with R.C. 2151.23, which governs the jurisdiction of the juvenile court and provides in pertinent part:

“(A) The juvenile court has exclusive original jurisdiction under the Revised Code:

“(1) Concerning any child who on or about the date specified in the complaint is alleged to be a[n] * * * abused, neglected, or dependent child;

“(2) To determine the custody of any child not a ward of another court of this state[.]” (Emphasis added.)

According to the plain language of R.C. 2151.23(A)(1), the juvenile court had exclusive original jurisdiction concerning Charles, Jr. and Mary once a complaint was filed alleging them to be dependent children. In other words, under R.C. 2151.23(A)(1), the juvenile court was vested with jurisdiction to hear and determine the allegations in the complaint and to make a lawful disposition concerning Charles, Jr. and Mary (provided that they were not [214] wards of another court of the state). R.C. 2151.353(A) involves the disposition of abused, neglected or dependent children, and states in pertinent part: “If a child is adjudicated an abused, neglected or dependent child, the court may make any of the following orders of disposition: * * The statute proceeds to list five ways in which a juvenile court may determine the custody, care and supervision of the children. The question then becomes whether a disposition under R.C. 2151.353 concerning a dependent child may include a change of custody where custody has previously been determined in a divorce action pursuant to R.C. 3109.04.

In this context, R.C. 2151.23(A)(2) provides some guidance. We initially note that this court has previously held that the grants of jurisdiction in R.C. 2151.23(A)(1) and (A)(2) are independent of each other, and that “[i]n order to determine * * * custody, it is not necessary for the [juvenile] court to find first that such child is * * * dependent * * In re Torok (1954), 161 Ohio St. 585, 53 O.O. 433, 120 N.E.2d 307, at paragraph two of the syllabus. When read literally, R.C. 2151.23(A)(2) states that “[t]he juvenile court has exclusive original jurisdiction under the Revised Code * * * [t]o determine the custody of any child not a ward of another court of this state[.]” For our purposes the key phrase in R.C. 2151.23(A)(2) is “a ward of another court.” If children whose custody is determined under a divorce decree, pursuant to R.C. 3109.04, are construed to be “wards” of that court, then a juvenile court would not have jurisdiction to determine their custody under R.C. 2151.23(A)(2). However, for the reasons which follow, we do not construe the term “ward” to include children whose custody is granted pursuant to a divorce decree.

Generally, a “ward” is “[a] person, especially a child or incompetent, placed by the court under the care and supervision of a guardian or conservator.” “Wards of the court” are “[i]nfants and persons of unsound mind placed by the court under the care of a guardian.” Black’s Law Dictionary (6 Ed.1990) 1583-1584. A ward is commonly associated with a guardianship, which is “ * * * established because of the ward’s inability to legally act on his or her own behalf * * *.” Id. at 707, defining “guardianship.” When a court in a divorce case grants custody of a child, the court is not traditionally placing itself in the position of guardian of that child. Rather, in a broad sense the court is making a judicial determination as to whom the child’s custodian is to be, whether it be a parent or otherwise. Nor does the court consider the child a “ward” of that court, even though the court retains jurisdiction to modify custody and support. Hence, we conclude that the phrase any child not a “ward of another court” in R.C. 2151.23(A)(2) cannot be construed to prohibit a juvenile court from changing custody of children subject to a divorce decree entered pursuant to former R.C. 3109.04. Such an interpretation would strain the definition of “ward” well beyond its common meaning.

[215] Based on the above, a juvenile court has jurisdiction under R.C. 2151.-23(A)(1) and 2151.353, respectively, to determine the disposition, including custody, of children alleged to be abused, neglected, or dependent. We hold that pursuant to R.C. 2151.23(A), the juvenile court has jurisdiction to determine the custody of a child alleged to be abused, neglected, or dependent when not the ward of any court in this state. Under our interpretation of subdivision (A)(2) of R.C. 2151.23, this jurisdiction includes children subject to a divorce decree granting custody pursuant to R.C. 3109.04.

While clarifying the jurisdiction of the juvenile court under R.C. 2151.23, we recognize some confusion exists in light of the continuing jurisdiction of the domestic relations court which awards custody in divorce cases under R.C. 3109.04. Particularly, this becomes apparent when considering the case of Loetz v. Loetz (1980), 63 Ohio St.2d 1, 2, 17 O.O.3d 1, 406 N.E.2d 1093, 1094, wherein we reiterated that “[t]he court in which a decree of divorce is originally rendered retains continuing jurisdiction over matters relating to the custody, care, and support of the minor children of the parties. Hoffman v. Hoffman (1864), 15 Ohio St. 427; Addams v. State, ex rel. Hubbell (1922), 104 Ohio St. 475, 135 N.E. 667; Corbett v. Corbett (1930), 123 Ohio St. 76 [9 Ohio Law Abs. 58], 174 N.E. 10; Van Divort v. Van Divort (1956), 165 Ohio St. 141 [59 O.O. 207], 134 N.E.2d 715.”

Therefore, a court which renders a custody decision in a divorce case has continuing jurisdiction to modify that decision. However, the juvenile court has jurisdiction to make custody awards under certain circumstances. Hence, for the purposes of deciding custody where there has been a prior divorce decree, these courts can accurately be said to have concurrent jurisdiction. In other words, the juvenile court may entertain and determine custody of children properly subject to its jurisdiction, even though there has been a prior divorce decree granting custody of said children to a parent pursuant to R.C. 3109.04.2

Both appellant and the guardian ad litem advance judicial economy arguments to buttress their assertion that the juvenile court has jurisdiction to decide the custody issue in this case. They contend the juvenile court is in a position to hear all the relevant evidence concerning the child’s environment and needs, and that it is a waste of judicial time and resources to then require [216] additional hearings in the original divorce court to determine custody of the children.

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In re Poling, 594 N.E.2d 589, 64 Ohio St. 3d 211 (Ohio 1992).

594 N.E.2d 589 (In re Poling) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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