
    No. 490
    No. 20409
    Carroll H. Lewis v. Edna Mae Reed.
    Error to the Court of Appeals of Hamilton County.
    686. JUVENILE COURTS — 380 Delinquency — Under 1648 GC. mother of illegitimate child is entitled to notice of proceedings of dependency and until such notice, juvenile court has not jurisdiction and judgment of permanent commitment to institution is void.
    681. JURISDICTION — Matters required to be shown under 1648 GC. as a prerequisite to notice by publication are jurisdictional.
    677. JUDGMENT AND DECREES — An attack on a judgment for fraud for failure to comply with 1648 GC. is permitted although judgment may appear regular on its face.
    601. HABEAS CORPUS — In proceedings by mother of illegitimate child whose custody has been given to children’s home in action had without actual notice to mother under 1648 GC., constructive notice is not conclusive but is open to attack on ground of false statement that mother’s whereabouts were unknown.
   ALLEN, J.

1. Under Section 1648 of the General Code, the mother of an illegitimate child is entitled to notice, actual or constructive, of proceedings upon a complaint of dependency instituted in the juvenile court in reference to such child. Until notice of such proceedings has been given to the mother, the jurisdiction of the juvenile court does not attach and a judgment of per.manent commitment rendered in such dependency proceeding is void.

2. The matters required to be shown under Section 1648 of the General Code as a prerequisite to notice by publication of proceedings as to the dependency of minor children are jurisdictional.

3. In such case an attack upon a judgment for fraud in its procurement is direct, and is permitted notwithstanding that the judgment questioned may appear on its face regular and valid.

4. In a habeas corpus proceeding brought by the mother of an illegitimate child whose custody has been given to a children’s home under such judgment of permanent commitment, held, as only constructive notice was given, that a judgment of permanent commitment of such child to a children’s home by a juvenile court is not conclusive but is open to attack for want of jurisdiction of such juvenile court on account of fraud committed in procuring constructive notice to the mother by false and fraudulent statements to the effect that the mother’s whereabouts were unknown.

Judgment affirmed.

Marshall, C. J., Kinkade, Robinson and Matthias, JJ., concur.  