Do Juvenile Courts Have Jurisdiction to Make Dispositional Orders After Statutory Time Period Has Passed ?
In In re Young Children, 76 Ohio St. 3d 632, 669 N.E.2d 1140, syllabus, the Supreme Court of Ohio specifically stated, "The passing of the statutory time period ('sunset date') pursuant to R.C. 2151.353(F) does not divest juvenile courts of jurisdiction to enter dispositional orders."
The Young court at 638 reasoned, "because the court retains jurisdiction over the child, it may make further dispositional orders as it deems necessary to protect the child.
The Court believed the General Assembly granted continuing jurisdiction to the courts for just this reason." the Young court concluded, "Thus, we hold that when the sunset date has passed without a filing pursuant to R.C. 2151.415 and the problems that led to the original grant of temporary custody have not been resolved or sufficiently mitigated, courts have the discretion to make a dispositional order in the best interests of the child." Id.