In re K.J.

Summary

The Ohio Third District Court of Appeals affirmed the denial of Brandon J.'s motion to vacate a judgment awarding legal custody of K.J. to relatives. The court held that the filing of a timely motion under R.C. 2151.415 continued temporary custody by operation of law and preserved the juvenile court's subject-matter jurisdiction, and that the appellant's challenge was additionally barred by res judicata.

Holdings

1. The passing of the statutory sunset period did not divest the juvenile court of subject-matter jurisdiction because a timely and valid R.C. 2151.415 motion was pending and temporary custody continued by operation of law until the court issued a dispositional order.
2. The June 21, 2021 motion was timely and complied with the statutory requirements sufficiently to preserve the juvenile court's dispositional authority.
3. Because the juvenile court had subject-matter jurisdiction, any alleged procedural or statutory violations rendered the judgment voidable rather than void.
4. Res judicata barred Brandon's current challenge because he did not raise the jurisdictional and procedural arguments in a direct appeal from the final legal-custody judgment.

Questions Presented

1. Whether the juvenile court retained subject-matter jurisdiction to decide the Agency's motion for legal custody after the statutory temporary-custody sunset date had passed.
2. Whether the Agency's June 21, 2021 motion was valid under R.C. 2151.353(G) and R.C. 2151.415(A) even though the Agency allegedly no longer held temporary custody when the motion was filed.
3. Whether any alleged statutory or procedural violation rendered the legal-custody judgment void and permitted a later motion to vacate, or instead rendered the judgment merely voidable and subject to res judicata.

Disposition

affirmed