May Appeals Court Set Juvenile Court Test For Removing Grandparent as ‘Unnecessary Party’?
In the Matter of: Hope Walker, Case no. 06-0676 11th District Court of Appeals (Ashtabula County) ISSUES: • In a case where a county child services agency seeks to obtain permanent custody of a dependent child who was born to a 15-year-old mother, and the child’s grandmother has been a party in court proceedings because the child’s mother was still a minor, if the child’s mother achieves her 18 th birthday while the custody action is still pending, is that event a sufficient basis for the juvenile court to remove the grandmother from the case as an “unnecessary party?” • Does a court of appeals exceed its authority by creating and requiring a juvenile court to apply a non-statutory legal test for determining whether a dependent child’s grandmother is entitled to remain a party in a permanent custody case after the child’s mother achieves the age of majority? BACKGROUND: This case involves proceedings initiated by the Ashtabula County Children Services Board (ACCSB) to obtain permanent
