Williams v. Department of Human Resources
| Decision Date | 06 July 1979 |
| Docket Number | No. 57978,57978 |
| Citation | 258 S.E.2d 288,150 Ga.App. 610 |
| Parties | WILLIAMS v. DEPARTMENT OF HUMAN RESOURCES. |
| Court | Georgia Court of Appeals |
J. Clayton Burke, Jr., Soperton, for appellant.
James E. Boyers, Jr., McRae, Arthur K. Bolton, Atty. Gen., Carol Atha Cosgrove, Asst. Atty. Gen., for appellee.
This is an appeal from the order of the Juvenile Court of Montgomery County terminating the parental rights of the appellant father to his three children. Held:
The juvenile court in its order made findings of fact and concluded as a matter of law that the children were deprived. This order however contains no factual findings concerning venue and jurisdiction over the person of the appellant. A juvenile court is a court of special and limited jurisdiction, and its judgments must show on their face such facts as are necessary to give it jurisdiction of the person and subject matter. Parker v. Parker, 229 Ga. 496, 192 S.E.2d 341; Ferguson v. Hunt, 221 Ga. 728, 730, 146 S.E.2d 756. If the order of a juvenile court fails to recite the jurisdictional facts, the judgment is void. Bosson v. Bosson, 223 Ga. 259(1), 154 S.E.2d 364. In Quire v. Clayton County Dept. of Family etc. Services, 242 Ga. 85, 249 S.E.2d 538, the Supreme Court held that the general venue provisions of the Georgia Constitution (Code Ann. § 2-4306) apply in a proceeding involving termination of parental rights. The latter cited portion of our Constitution grants to a parent the right to defend such a suit in the county in which the parent resides. The court here made a finding of fact that appellant-defendant was convicted in the Montgomery County Superior Court of the crime of rape and was sentenced to ten years and is now serving that sentence "at the state prison in Reidsville." We judicially recognize that Reidsville is in Tattnall County. Davis v. State, 66 Ga.App. 214, 17 S.E.2d 554. A convict does not acquire a residence in the county where he has been involuntarily placed to serve a sentence to confinement. Scott v. Scott, 192 Ga. 370, 15 S.E.2d 416. Nonetheless, the fact that the appellant was convicted in the Montgomery County Superior Court fails to show that his residence was in that county as ". . . all criminal cases shall be tried in the county where the crime was committed . . ." Code Ann. § 2-4306. Accordingly, while the face of the order factually shows subject matter jurisdiction under Code § 24A-3201(a), there is a complete lack of factual findings in the order showing that defendant was a resident of Montgomery County which gave the juvenile court jurisdiction over the person of defendant-appellant. This defect under the above cited decision of the Supreme Court renders the order in this case void. We reverse solely because of this error.
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Long v. Long
...the children to be returned as long as criminal charges are pending.” 18. See OCGA § 15-11-6(b); Williams v. Dept. of Human Resources, 150 Ga.App. 610, 611(2), 258 S.E.2d 288 (1979). The district attorney's office argued that the positions of the children and the mother were in conflict as ......
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Cooper v. Edwards
...of "nonresident" or on other statutory or constitutional venue provisions is misguided. Compare Williams v. Dept. of Human Resources, 150 Ga.App. 610(1), 258 S.E.2d 288 (1979) (for purposes of juvenile court's jurisdiction in parental rights termination case, the county of incarceration doe......
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G.G., In Interest of
...cities of this state. Buice v. Satellite Security Corp., 156 Ga.App. 348(1), 274 S.E.2d 608 (1980). See also Williams v. DHR, 150 Ga.App. 610(1), 258 S.E.2d 288 (1979). Nor are we persuaded by appellant's argument that since judicial notice is a "dispensation of one party from producing evi......
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W.J.K., In Interest of, 76842
...court of special and limited jurisdiction...." having only those powers given to it by the legislature. Williams v. Dept. of Human Resources, 150 Ga.App. 610(1), 258 S.E.2d 288 (1979); see Worthy v. State, 253 Ga. 661(1), 324 S.E.2d 431 (1985); In The Interest of J.J.S., 246 Ga. 617, 618(1)......