
    No. 14
    No. 19794
    Lulu U. Rarey v. Beatrice Schmidt.
    Error to the Court of Appeals of Hardin County.
    686. JUVENILE COUBT — Where minor has no legal guardian appointed by judicial order, other than a parent, juvenile court has no jurisdiction to declare such minor a dependent until service is had upon the parent.
    769. MINORS — Where custody of a minor child has been awarded to a stranger by order of Juvenile Court without service upon the parent, the person having such custody by operation of law does not have the power to consent to adoption of such child by any one.
   BOBINSON, J.

1. The words “other person having the custody of such child”, as used in Section 1648, General Code, contemplate and mean a person having the custody created by operation of law or awarded to such person by judicial order, judgment or decree.

2. . Where a minor child has neither legal guardian nor a custodian created by operation of law or by judicial order, judgment or decree, other than a parent, and the residence of such parent is known, service, actual or constructive, must be had upon such parent before a juvenile court has jurisdiction to declare such child a dependent child.

3.An order of a juvenile court declaring a minor child to be a dependent child and awarding its custody to a stranger, obtained without service upon the parent, the guardian or a person having the custody of such child by operation of law or awarded by a judicial order, judgment or decree, confers upon such stranger no power to consent to the adoption of such child by any one.

Judgment affirmed.

Jones, Matthias, Day, Allen and Kinkade, JJ., concur.  