In re K.K.
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The Supreme Court reversed the judgment of the court of appeals reversing the judgments of the juvenile court granting permanent custody of three children to the Butler County Department of Job and Family Services - Children Services Division (the agency), holding that the current challenge to the juvenile court's jurisdiction was barred by res judicata.
The dispositional hearing granting the agency temporary custody of the children in this case occurred more than ninety days after the filing of complaints for temporary custody. The juvenile court then granted permanent custody to the agency. The appellate court reversed, concluding that the juvenile court lacked subject-matter jurisdiction to grant permanent custody to the agency because the temporary-custody judgment was void. The Supreme Court reversed, holding (1) even if no motion to dismiss has been filed, under the plain language of former Ohio Rev. Code 2151.35(B)(1), the juvenile court is required to dismiss the complaint after ninety days; (2) a juvenile court's failure to dismiss the complaint is an error in the exercise of the court's jurisdiction, not one that deprives the court of jurisdiction; and (3) the judgments granting temporary custody of the children to the agency were valid, and the parents' challenge to the juvenile court's jurisdiction was barred by res judicata.
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