In re G.C.J.
2019 Ohio 185
Ohio Ct. App.2019Background
- Two children, T.L.L. and G.C.J., were placed in Portage County Department of Job and Family Services (PCDJFS) temporary custody following findings related to parental substance abuse; PCDJFS later moved for permanent custody of both children.
- Father (Daniel Lorincz) could not be personally served; PCDJFS sought service by publication. Publication occurred August 23, 2018, and proof was filed August 24, 2018.
- A permanent custody hearing was held August 29, 2018 — six days after publication — over father's counsel’s objection that the court lacked authority to proceed before one week elapsed from publication.
- Mother (Jennifer Jackson) was served and present at the hearing; she also joined the objection but presented evidence at the hearing and does not claim defective service as to her.
- The juvenile court granted permanent custody to PCDJFS. On appeal, father argued the court lacked jurisdiction to proceed before the one-week period from publication elapsed; mother argued the timing violated Juv.R. 18(D).
- The appellate court affirmed as to mother but reversed and remanded as to father, concluding the court committed reversible error by holding the hearing before the one-week period required by R.C. 2151.29 had run.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court could proceed to permanent-custody hearing six days after service by publication on father | Father: court lacked jurisdiction because statute requires hearing at least one week after publication | PCDJFS: constructive/actual notice via counsel and contact with father cured any timing defect | Court: Reversed as to father — holding before one-week period violated R.C. 2151.29 and deprived court of "full jurisdiction" over father |
| Whether affidavit and publication procedures or choice of newspaper were defective | Father: publication affidavit timing and choice of paper were insufficient | PCDJFS: affidavit and Portage County Legal News satisfy requirements for publication | Court: Publication in Portage County Legal News was adequate; timing (one-week wait) was the controlling error |
| Whether mother may challenge the service defect as to father | Mother: trial court violated Juv.R. 18(D); judgment void as to all because jurisdiction never attached | PCDJFS: mother had proper notice and participated; no prejudice | Court: Mother lacks standing to challenge a service defect affecting only father because she had notice and was present; judgment as to mother affirmed |
| Whether constructive notice (via counsel/father contact) cures statutory waiting period | PCDJFS: counsel’s contact and father’s awareness made timing issue harmless | Father: statutory waiting period mandatory regardless of contact | Court: Statutory one-week waiting period is a substantive protection; constructive notice does not cure premature hearing |
Key Cases Cited
- Williams v. Williams, 44 Ohio St.2d 28 (Ohio 1975) (judgment rendered without proper service is invalid)
- Maryhew v. Yova, 11 Ohio St.3d 154 (Ohio 1984) (a judgment rendered without proper service is a nullity)
- Lincoln Tavern, Inc. v. Snader, 165 Ohio St. 61 (Ohio 1956) (same principle on invalid judgments for lack of service)
- CompuServe, Inc. v. Trionfo, 91 Ohio App.3d 157 (Ohio Ct. App. 1993) (judgment without proper service may be void)
- In re Miller, 33 Ohio App.3d 224 (Ohio Ct. App. 1986) (service by publication is a method of last resort and must be strictly enforced)