Wednesday, September 28, 2005

Case Law Development: Proof of Dependency for Continued Jurisdiction

In order to justify continued jurisdiction of the court over a child, must the state prove a child’s dependency as of the time of the complaint, the time of the dependency hearing or both?  Ohio Courts had, at one time, required that dependency must be found only as of the date of the hearing, but a 1969 statutory amendment provided that the circumstances at the time of the complaint controlled.  Apparently, in the years thereafter, some Ohio courts have continued to follow the older case precedent, creating a split in authority on the question.  In this case, the Ohio Court of Appeals clarified the requirement, affirming that the statutory language controls.  Dependency need only be shown at the time of the complaint to provide a basis for continued state jurisdiction of a child.

In the Matter of S.H., 2005 Ohio 5047, 2005 Ohio App. LEXIS 4559 (September 26, 2005)

http://lawprofessors.typepad.com/family_law/2005/09/case_law_develo_40.html

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