In Re Arlyne A.

102 Cal. Rptr. 2d 109, 85 Cal. App. 4th 591
CourtCalifornia Court of Appeal
DecidedNovember 17, 2000
DocketB136904
StatusPublished
Cited by29 cases

This text of 102 Cal. Rptr. 2d 109 (In Re Arlyne A.) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Arlyne A., 102 Cal. Rptr. 2d 109, 85 Cal. App. 4th 591 (Cal. Ct. App. 2000).

Opinion

102 Cal.Rptr.2d 109 (2000)
85 Cal.App.4th 591

In re ARLYNE A. et al., Persons Coming Under the Juvenile Court Law.
Los Angeles County Department of Children and Family Services, Plaintiff and Respondent,
v.
Salvador A., Defendant and Appellant.

No. B136904.

Court of Appeal, Second District, Division One.

November 17, 2000.

Lori A. Fields, under appointment by the Court of Appeal, Los Angeles, for Appellant.

Lloyd W. Pellman, County Counsel, Gary P. Gross, Deputy County Counsel, for Respondent.

ORTEGA, J.

In this juvenile dependency proceeding, Salvador A. claims the trial court lacked personal jurisdiction over him due to the Los Angeles County Department of Children and Family Services' (Department) failure to exercise reasonable diligence in trying to locate him. With respect to appellant, we reverse the orders under review, to the extent they apply to *110 appellant's four biological children, for lack of personal jurisdiction. We remand for further proceedings.

BACKGROUND

The dependent minors are appellant's step-daughter, Arlyne A. (born in 1989), and appellant's biological children, Marcus (born in 1993), Alfred (born in 1994), Daniel (born in 1995), and Alyssia (born in 1998). The minors' biological mother, Ramona A., is not a party to her husband's appeal.[1]

In about June 1998, Arlyne reported that appellant had been sexually molesting her for several years. At the time, appellant and Ramona were separated. Ramona was then living with all of the minors, at their maternal grandmother's (Elena M.) house in El Monte. Appellant was then living with his parents in Rialto.

Ramona reported Arlyne's sexual molestation allegations to the Temple substation of the Los Angeles County Sheriffs Department. The Sheriffs Department transferred the report to the Colton Police Department for investigation. (Before their separation, Ramona, appellant, and minors were living on Meadow Lane in Colton, where the alleged sexual abuse occurred.) The police report correctly listed appellant's home address and phone number as that of his parents' home in Rialto. It also listed his (apparently correct) business address and telephone number in Ontario.

The district attorney declined to press charges against appellant. The Department filed a dependency petition regarding the sexual molestation allegations, but closed the case after determining that appellant was not living at Elena's home, and that Arlyne was receiving sexual abuse counseling.

In about September 1998, Ramona and her children, with the exception of Arlyne, moved to Rialto. Ramona did not give Arlyne or Elena her new address. Ramona abandoned Arlyne with Elena without making any provisions for her support or medical care. As a result of this abandonment, the Department reopened Arlyne's dependency case in October 1998.

On November 4, 1998, the Department filed a dependency petition (amended in January 1999) regarding all five minors. The petition alleged among other things that appellant had: (1) regularly physically abused all of the minors; (2) sexually abused Arlyne for several years, thereby placing the other minors at risk of similar sexual abuse; (3) physically assaulted Ramona in the minors' presence; and (4) acquired convictions for weapons violations and spousal abuse. The petition listed appellant's last known address as the family's former Meadow Lane address in Colton. The petition listed as unknown the whereabouts of Ramona and the four minors in her custody.

At the November 5, 1998, detention hearing, the trial court ordered the Department to provide due diligence reports regarding its efforts to locate appellant and Ramona. Arlyne's attorney, Ms. Padilla, stated that according to Elena, "the mother [Ramona] may be with her in-laws in [either] Colton or . . . Rialto, California, and that the [other four] minors are with her." Based on this statement, the court ordered the Department "to investigate the whereabouts of the minors. The grandmother has information that could lead to their whereabouts." The court ordered all of the minors detained.

Before the next hearing, the Department filed "Declaration[s] Regarding Due Diligence," dated January 27, 1999. Regarding Ramona, the Department reported that a Department of Motor Vehicles (DMV) check had turned up her last known address in Colton, but there was no *111 telephone listing for her in Colton. As for appellant, the Department reported that a DMV cheek had turned up a Fontana address from 1994, but there was no telephone listing for appellant in Fontana. (The Department sent notices to appellant at the Fontana address.) As for both Ramona and appellant, the Department stated (despite Elena's statement that appellant's parents lived in either Colton or Rialto) there were, "No other known area[ ]s of possible residence." The Department also stated, "Maternal grandmother [Elena] does not know [appellant's] whereabouts." "Neither minor [Arlyne] nor maternal grandmother [Elena] know[s] the whereabouts of the minor's mother."[2]

On January 28, 1999, the trial court found the Department had demonstrated due diligence in attempting to locate appellant, but not Ramona. Elena, who was present at the hearing, stated: "You know, . . . the police department in Colton knows where the father works. I don't see why they can't just follow him home and try to see where they are at. She told me that she is in walking distance from the in-laws' house, and I know the police department has the address of the in-laws' house." The following colloquy transpired: "The Court: You need to talk to the social worker about that. [¶] The Maternal Grandmother: I've told them. [¶] The Court: Well, the social worker is ordered to follow through on the information that the maternal grandmother has on the whereabouts of the parents. They are to address that in the supplemental report. [¶] The Court Officer: Your Honor, I did interview the grandmother. I talked to the D.I. She just knows around the area. [¶] The Court: She stated that the police department does know their whereabouts and wants you to contact the police station near that home. [¶] The Maternal Grandmother: When they ma[d]e the police report on the child molestation, my daughter was still living with me, and I heard her give his address, his Social Security number, his work address, and everything to the police department. So it's on the police report. [¶] The Court: Okay. If they are still there. But they need to investigate that." The trial court continued the matter to allow the Department time to provide notice to Ramona, The January 28, 1999, minute order stated in relevant part: "C[hildren's ]S[ervices ]W[orker] is to follow thr[ough] on information provided by M[aternal ]G[randmother] re: parents[`] whereabouts." (Some caps, omitted.)

The matter was continued to April 8, 1999, for a Pretrial Resolution Conference. Before that hearing, the Department filed a CSW's report and two more "Declaration[s] Regarding Due Diligence," dated April 7, 1999. The April due diligence declarations provided no new information concerning appellant's or Ramona's whereabouts. The CSW's report stated that the parents' and their four minors' whereabouts remained unknown. Regarding Elena's information that the police report contained appellant's address, the CSW stated: "This writer has spoken with Detective Reed at the Colton Police Department. She informed this writer that she is not aware of the whereabouts of the mother and minors Marcos, Alfred, Daniel, and Alyssia.

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Cite This Page — Counsel Stack

Bluebook (online)
102 Cal. Rptr. 2d 109, 85 Cal. App. 4th 591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-arlyne-a-calctapp-2000.