In Re JC

128 Cal. Rptr. 2d 671, 104 Cal. App. 4th 984, 2002 Cal. Daily Op. Serv. 12381, 2002 Daily Journal DAR 14522, 2002 Cal. App. LEXIS 5221
CourtCalifornia Court of Appeal
DecidedDecember 23, 2002
DocketE031143
StatusPublished
Cited by3 cases

This text of 128 Cal. Rptr. 2d 671 (In Re JC) 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 JC, 128 Cal. Rptr. 2d 671, 104 Cal. App. 4th 984, 2002 Cal. Daily Op. Serv. 12381, 2002 Daily Journal DAR 14522, 2002 Cal. App. LEXIS 5221 (Cal. Ct. App. 2002).

Opinion

128 Cal.Rptr.2d 671 (2002)
104 Cal.App.4th 984

In re J.C., et al., Persons Coming Under the Juvenile Court Law.
Los Angeles County Department Of Children And Family Services, Plaintiff and Appellant,
v.
Trudy C, Defendant and Respondent;
Riverside County Department Of Public Social Services, Respondent.

No. E031143.

Court of Appeal, Fourth District, Division Two.

December 23, 2002.

*672 Lloyd W. Pellman, County Counsel, and Lois D. Timnick, Deputy County Counsel, for Plaintiff and Appellant.

Donna B. Kaiser, under appointment by the Court of Appeal, for Defendant and Respondent Trudy C.

William C. Katzenstein, County Counsel, and Julie A. Koons, Deputy County Counsel, for Respondent Riverside County Department of Public Social Services.

M. Elizabeth Handy, under appointment by the Court of Appeal, for Minors.

*673 OPINION

McKINSTER, J.

Appellant Los Angeles County Department of Children and Family Services (LACDCFS) challenges the most recent decision by the Riverside County Juvenile Court (Riverside court) to reject transfer of a dependency case. The case involves four children who are in a permanent plan of long-term foster care with their grandmother in Riverside County. After the permanent plan was instituted, the Riverside court transferred the case to Los Angeles County because the mother had moved there. The case bounced back and forth between the two counties five times over nine months before appellant initiated this appeal. All parties involved— LACDCFS, as well as Riverside County Department of Public Social Services (RCDPSS), the children and the mother—agree that the case should remain in Riverside County.

The principal issue is whether the Riverside court improperly rejected the transfer from Los Angeles County on December 19, 2001, under California Rules of Court, rule 1426(a).[1] We also look more generally at the interplay of rules 1425 and 1426[2] and Welfare and Institutions Code, section 375,[3], [4] with emphasis on the factor that must take precedence in any dependency proceeding—the best interests of the dependent children. xxxx As discussed below, we conclude that the Riverside court ignored the clear procedural mandate of rule 1426(a) when it rejected the transfer on December 19, 2001. Further, although section 375 does provide some support for the three transfers to Los Angeles County, the Riverside court abused its discretion when it found that the December 19, 2001, transfer was in the best interests of the children.

STATEMENT OF FACTS

In August 1998, RCDPSS filed a section 300 petition regarding the four children and an older sibling, alleging negligence and failure to protect (§ 300, subd. (b)) and no provision for support (§ 300, subd. (g)), based on the mother's drug use. The Riverside court sustained the petition and ordered the children placed with their maternal grandmother. The court terminated reunification services to the mother in December 1999. At the section 366.26 hearing in March 2000, the court chose long-term foster care with the grandmother as the permanent plan. The mother moved to Los Angeles County in July 1999.

On January 12, 2001, the social worker recommended that the dependency case of the older sibling be transferred to Los Angeles County because the sibling had left placement and moved in with the mother. However, the social worker specifically recommended that the dependency cases of the other four children remain in *674 Riverside County because they were in long-term foster care placement with their grandmother in Cherry Valley. At the February 7, 2001, hearing, the mother requested that reunification services be resumed, but the trial court ordered no changes.

Riverside to Los Angeles (No. 1)

At the April 5, 2001, hearing, the trial court terminated dependency as to the older sibling because she had become a ward of the court pursuant to section 602. The court also ordered the cases of the four remaining children to be transferred to Los Angeles County, stating that "[i]t doesn't make sense to have those children here in this county with mother living in Los Angeles. It seems that the other [section] 366.3,[5] the whole entire matter should have been kept together." The attorney for the minors acquiesced. The minute order incorrectly states that the four children had been placed with their mother and that their legal residence was in Los Angeles.

On May 4, 2001, the Los Angeles County Juvenile Court (Los Angeles court) held a transfer-in hearing under rule 1426. The mother was present and indicated she wanted the case transferred back to Riverside County because she planned to move back to Riverside County. The mother also clarified that the children still resided with their grandmother in Riverside County. The Los Angeles court, accepted jurisdiction, as it was required to do under rule 1426(a),[6] but ordered county counsel to report on the legal status of the transfer and whether it served the best interests of the minors.

Los Angeles to Riverside (No. 1)

On June 19, 2001, the Los Angeles court held a transfer-out hearing under rule 1425. The court found that under rules 1425(a)[7] and 1426(f)[8] the children resided in Riverside County under a permanent plan of long-term foster care with their grandmother, Riverside County does not provide courtesy supervision to Los Angeles County, and the children's best interests would not be served by having the cases serviced in Los Angeles County. The court then ordered the case transferred to Riverside County.

Riverside to Los Angeles (No. 2)

On July 10, 2001, the Riverside court held a transfer-in hearing. RCDPSS indicated it wished to accept the transfer because the children had resided in Riverside County since 1998 and the case had been transferred to Los Angeles County by mistake. However, the court reasoned that the mother was entitled to be evaluated for return of the children at each section 366.3 six-month review, that it would be unreasonable to have RCDPSS conduct that review in Los Angeles, and *675 that jurisdiction and venue are properly based on the mother's residence. The court then "accepted] the transfer in for the limited purpose of transferring the case back to [Los Angeles] County," citing the absence of a showing that jurisdiction in Riverside County was in the best interests of the children. The minute order reads, "Court finds LOS ANGELES COUNTY to be legal residence. Case ordered returned to originating county."

On September 7, 2001, the Los Angeles court accepted jurisdiction and requested county counsel to prepare a "REPORT RE RECOMMENDATION OF APPEAL RE TRANSFER."

Los Angeles to Riverside (No. 2)

On October 17, 2001, the Los Angeles court ordered the case transferred to Riverside County. The court cited a social worker's report that "[u]pon [receipt] of the case Riverside County immediately contacted [Los Angeles] County DCFS to state the case was transferred in error and that Riverside County wanted case sent back to them." The report also concluded that it would be in the children's best interest to have this case transferred to and serviced from Riverside. A Riverside County social worker had been servicing the case since July 27, 2001, and had last visited the children on September 28, 2001.

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Cite This Page — Counsel Stack

Bluebook (online)
128 Cal. Rptr. 2d 671, 104 Cal. App. 4th 984, 2002 Cal. Daily Op. Serv. 12381, 2002 Daily Journal DAR 14522, 2002 Cal. App. LEXIS 5221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jc-calctapp-2002.