X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Rickman, Judge. In this dependency case, the juvenile court determined that it was precluded from ordering the Department of Family and Children Services to provide extended foster care services to K. A. V. and that DFCS made no reasonable efforts to effectuate K. A. V.’s permanency plan. As a sanction for failing to effectuate the permanency plan, DFACS was ordered to pay rent to K. A. V.’s foster mother for a period of time. Because the juvenile court lacked jurisdiction, we vacate the judgment and remand with direction. The record shows that K. A. V. was born in Honduras on December 28, 2004. After she was sexually abused in Honduras by her step-father, her sister paid a “coyote” to bring her to the United States. Following K. A. V.’s arrival at the Texas border, she turned herself in to immigration officials. K. A. V. initially lived with her sister in Georgia until DFACS became involved due to some of K. A. V.’s medical concerns. In 2020, the juvenile court determined K. A. V. to be dependent and placed her with a foster family. Six days before K. A. V.’s 18th birthday, her guardian ad litem filed a “motion for no reasonable efforts” alleging that DFACS failed to make reasonable efforts to achieve the goals in K. A. V.’s case plan in her dependency case. The juvenile court held a hearing on the day before K. A. V.’s 18th birthday. On January 12, 2023, fifteen days after K. A. V. turned 18, the juvenile court issued an order holding that it was precluded from ordering DFACS to provide extended foster care to K. A. V. because she was not a qualified alien. The juvenile court further found that DFACS made no reasonable efforts to effectuate K. A. V.’s permanency plan and, as a sanction, ordered DFACS to pay rent to K. A. V.’s foster mother to care for K. A. V. for the next six months following the date of the order. “When a child adjudicated as a dependent child reaches 18 years of age, all orders in connection with dependency proceedings affecting him or her then in force terminate and he or she shall be discharged from further obligation or control.” OCGA § 1511214 (c); see In the Interest of A. L., 351 Ga. App. 824, 825 n. 4 (833 SE2d 296) (2019) (recognizing that the juvenile court can exercise jurisdiction over a dependency case until the issue of dependency is resolved or the child becomes 18). Accordingly, once K. A. V. turned 18, the juvenile court no longer had jurisdiction over her dependency case and any orders in connection with that case terminated. The juvenile court lacked jurisdiction to enter its January 2023 order and thus, we vacate the order and remand with the direction that the juvenile court dismiss the case. See Ferrell v. Young, 323 Ga. App. 338, 344 (2) (746 SE2d 167) (2013) (“When the record discloses that the trial court lacked subject matter jurisdiction, we have jurisdiction on appeal, not of the merits but merely for the purpose of correcting the error of the lower court in entertaining the suit.”) (citation and punctuation omitted.). Judgment vacated; case remanded with direction. Dillard, P. J., and Pipkin, J., concur.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

ABOUT THIS RECRUITMENTOur attorneys face some of the most challenging, cutting-edge legal issues in the environmental field. As such, we ar...


Apply Now ›

Hofstra University enrolls over 6,000 undergraduate students and nearly 4,000 graduate students in 13 schools, which feature a variety of de...


Apply Now ›

McCarter & English, LLP is actively seeking a patent associate, patent agent, or technical specialist for its Intellectual Property Prac...


Apply Now ›