IN RE DOUGHERTY

IN RE DOUGHERTY
1959 OK 218
347 P.2d 657
Case Number: 38450
Decided: 11/03/1959
Supreme Court of Oklahoma

IN RE THE MATTER OF BABY GIRL DOUGHERTY, A DEPENDENT CHILD.

Syllabus by the Court

¶0 1. Jurisdiction of county court, sitting as a juvenile court, over the person of minor child alleged to be a dependent child may be obtained by the voluntary appearance before the court of, and waiver of service of summons and notice by, person having legal care and custody of such child.

Appeal from the County Court of Kay County; Walter M. Doggett, Judge.

Appeal from order of county court sitting as a juvenile court, dismissing motion to vacate judgment which determined child to be a dependent child, and ordered custody of child committed to Department of Public Welfare for purpose of adoption. Affirmed.

Raymond A. Trapp, Blackwell, Leonard Geb, Ponca City, for plaintiffs in error.

Mac Q. Williamson, Atty. Gen. of Oklahoma, Owen J. Watts, Asst. Atty. Gen., Sandy Singleton, Attorney, Department of Public Welfare, Oklahoma City, for defendant in error and appellee.

WILLIAMS, Vice Chief Justice.

¶1 This is an appeal on the original record from order dismissing motion to vacate judgment of county court, sitting as a juvenile court, determining the child involved herein to be a dependent child, and committing custody of child to Department of Public Welfare, hereinafter referred to as Department, for purpose of adoption.

¶2 The child involved herein was born to an unwed mother on August 6, 1956. The mother had no home of her own and was not financially able to care for the child. On August 8, 1956, the mother granted the Department permission to provide foster home care for the child. Plaintiffs in error entered into an agreement, effective January 1, 1957, with the Department to provide care for the child under the Department's supervision, the Department to pay $40 per month for such care and maintenance.

¶3 On February 7, 1958, one C.D. Northcutt filed a petition praying said court to determine the subject child to be a dependent child, and to commit the care and custody of the child to the Department for the purpose of giving consent to adoption. On the same day the mother appeared before said court and executed a relinquishment of the care and custody of the child to the Department and consented to the adoption of the child without further notice to her. The court appointed a guardian ad litem to represent the mother and child. In the afternoon of the same day the mother and guardian ad litem appeared before the court, and the judgment from which this appeal is taken was rendered.

¶4 On June 20, 1958, plaintiffs in error, E.C. Looper and Kathryn Looper, filed a motion to vacate the above judgment of the court on the grounds that no notice of the hearing of the above petition had been served on them, and that the court lacked jurisdiction because the child did not appear before the court.

¶5 The Department filed a motion to dismiss the motion to vacate. After hearing argument of counsel, the motion to dismiss was sustained on the grounds that the petitioners (movants) were merely employees of the Department, and that they had no litigable interest in this cause.

¶6 Plaintiffs in error contend that jurisdiction of a juvenile court over a dependent child is acquired by service of summons upon persons designated in

¶7 The rights and duties attendant upon the care and custody of this child were in her mother.

¶8 After the mother granted the Department permission to place the child in a foster home, Department placed the child in the home of plaintiffs in error on a contractual basis. Plaintiffs in error agreed to care for the child under the supervision of the Department, the Department paying the plaintiffs in error for such care and maintenance. Whatever rights and interests plaintiffs had in the custody of this child were contractual, which contract by its terms could be terminated at any time by the Department. The rights of plaintiffs in error are derivative only. The mother was still entitled to the legal rights and owed the duties attendant upon her having the care and custody of this child. The mother, having legal care and custody of the child, voluntarily appeared before the court. This appearance vested the court with jurisdiction to proceed to hear and dispose of the case in a summary manner.

¶9 Further, the above statute,

¶10 Affirmed.