Summary
In Friedman v. Juvenile Court, 20 Ariz. App. 31, 509 P.2d 1068 (1973) Division Two of the Court of Appeals held that a juvenile cause pending and not heard on its merits prior to the time the juvenile reached eighteen results in loss of jurisdiction over the cause in the juvenile court.
Summary of this case from McBeth v. RoseOpinion
No. 2 CA-CIV 1422.
May 16, 1973.
Special action was brought challenging jurisdiction of juvenile court to proceed in dependency proceeding. The Court of Appeals, Hathaway, C.J., held that though juvenile cause was pending before juvenile reached 18 years of age, based on petition of mother alleging that juvenile was disabled, required support by her father subsequent to as well as prior to her eighteenth birthday, and required education beyond the high school level in order to be self-supporting in the future, juvenile court lost jurisdiction when juvenile reached 18 years of age prior to hearing on the merits.
Relief granted.
Darrel G. Brown, Tucson, for petitioner.
Jessie B. Carnevale, Tucson, for respondents.
This special action challenges the jurisdiction of the juvenile court to proceed in a dependency proceeding. Since the jurisdictional challenge is well-taken, appellate intervention is appropriate.
Briefly, the procedural chronology is as follows. The petitioner and his ex-wife were divorced in Tucson, Arizona, in 1963, the custody of their minor daughter was awarded to the mother and petitioner was required to pay child support. On December 19, 1972, the mother, who had been residing in New Jersey with the child, filed a petition in juvenile court which recited inter alia:
"That said child an alleged dependent, has no means of providing herself with the necessities of life due to idiopathic defect of double scoliosis of the spine and the parent having custody is unable to provide medical and educational care making it incumbent on the natural father to provide for his daughter both prior to her eighteenth birthday and subsequent thereto: In that [minor] is incapable of working at the average or usual type of employment and must be educated beyond the high school level in order that she may attempt to be self supporting in the future. . . ."
The petition was filed approximately two months before the minor's 18th birthday, February 26, 1973. A hearing on the petition was scheduled for February 23, 1973, at which time various motions were presented to the juvenile court and ruled on but no evidence was presented. A hearing on the petition was postponed to a subsequent date, approximately 6 weeks after the minor's 18th birthday.
Petitioner contends, and we believe correctly, that his daughter's achievement of her 18th birthday forecloses the respondent court from conducting further proceedings. Jurisdiction in the juvenile court does not attach until there has been an adjudication of dependency. Caruso v. Superior Court, 100 Ariz. 167, 412 P.2d 463 (1966); McDaniel v. McDaniel, 64 Wn.2d 273, 391 P.2d 191 (1964). It is true that the subject petition was filed before the child was 18. However, when a juvenile cause is pending and not heard on its merits prior to the time the juvenile reaches 18 years of age, the juvenile court loses jurisdiction over the cause. State v. Kramer, 72 Wn.2d 904, 435 P.2d 970 (1967), cert. den. 393 U.S. 833, 89 S.Ct. 103, 21 L.Ed.2d 103 (1968).
Since the respondent court has lost jurisdiction, it lacks the power to entertain the proceeding and therefore must dismiss the petition. It is so ordered.
KRUCKER and HOWARD, JJ., concur.