Persons Coming Under the Juvenile Court Law. L. A. Cnty. Dep't of Children v. Brittney M. (In re Los)

224 Cal. Rptr. 3d 400, 16 Cal. App. 5th 508
CourtCalifornia Court of Appeal, 5th District
DecidedOctober 23, 2017
DocketB277445
StatusPublished
Cited by23 cases

This text of 224 Cal. Rptr. 3d 400 (Persons Coming Under the Juvenile Court Law. L. A. Cnty. Dep't of Children v. Brittney M. (In re Los)) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Persons Coming Under the Juvenile Court Law. L. A. Cnty. Dep't of Children v. Brittney M. (In re Los), 224 Cal. Rptr. 3d 400, 16 Cal. App. 5th 508 (Cal. Ct. App. 2017).

Opinion

PERLUSS, P. J.

*511Although conceding the Los Angeles juvenile court properly exercised temporary emergency jurisdiction over her now-seven-year-old son, Aiden L., Brittney M. contends Arizona is Aiden's home state under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) ( Fam. Code, § 3400 et seq. ).1 Because the Los Angeles court failed to contact officials in Arizona and allow that state to properly assert its jurisdiction over Aiden, Brittney argues, its findings and orders from the jurisdiction hearing forward, including the August 8, 2016 order terminating her and her husband's parental rights, must be reversed. Brittney's challenge to the jurisdiction of the California court to terminate her parental rights is *512joined by Aiden's maternal grandparents, who live in Arizona and have custody of Aiden's two older sisters, Cora L. and P.L., and by his siblings, Cora and P.L.

Even though the juvenile court at no time addressed the UCCJEA, the Los Angeles County Department of Children and Family Services (Department) contends the record supports the court's exercise of jurisdiction.

We vacate the order terminating parental rights and remand the matter to the juvenile court to make the findings necessary to determine jurisdiction under the UCCJEA and, to the extent mandated by those findings, comply with the procedural requirements of the UCCJEA.

FACTUAL AND PROCEDURAL BACKGROUND

1. Brittney and Joseph L.'s Unstable Life in Arizona and Sojourn to California

Brittney and Joseph L. were married in 2006 and, while living in Arizona, had three children together, Cora, now 10 years old, P.L. now nine years old, and Aiden.2 In early 2012 Brittney temporarily separated from Joseph and brought the children to stay with her parents, Hector and Sandra M., who lived nearby in Yucca, Arizona. (Hector is a retired Santa Ana police officer; Sandra a retired Orange County deputy sheriff.) After several weeks Brittney took the children with her to visit a friend over a weekend. She returned only Cora and P.L. to the maternal grandparents. According to Joseph, they voluntarily relinquished care of the two girls because he and Brittney were unable to provide them with a stable home. However, Aiden, who was not yet in school, "needed them more than the girls." Over the next two years Hector and Sandra made several unsuccessful attempts to persuade Brittney and Joseph to allow Aiden to stay with them, as well.

On March 1, 2012 the Superior Court of Arizona, Mohave County, granted Hector and Sandra's petition and awarded them sole custody of Cora and P.L. In June 2016 the court terminated Brittney and Joseph's parent-child relationship with Cora and P.L., finding in part that they were unable to discharge their parental responsibilities due to a 20-year history of substance abuse.

In March 2014, after two more difficult years in Arizona where they had been *404unable to find employment or maintain a stable home environment for Aiden, Brittney and Joseph travelled with their son to Los Angeles. Joseph *513told a Department social worker they had intended to open a "vape shop"-a retail store selling electronic cigarette products-in Long Beach. When they initially arrived in California, the family lived with paternal relatives in West Covina. However, they were concerned for Aiden's safety because Aiden's paternal grandmother was a heroin and methamphetamine addict and a second cousin, who had unrestricted access to the home, was a registered sex offender. To remove Aiden from that setting, Brittney and Joseph moved with him to a motel in West Covina.

2. Brittney's Arrest and Aiden's Detention

On August 4, 2014, after Brittney attempted to purchase a car with what appeared to be a forged or fraudulent check, police officers went to the family's motel room to investigate. Once in the room the officers found heroin and drug paraphernalia in a nightstand next to where Aiden was sleeping. Brittney was arrested for making false financial statements and drug possession. Although a general neglect referral to the Department was promptly made, the assigned case social worker was initially unable to locate either Joseph or Aiden. When interviewed in jail, Brittney requested that Aiden be sent to live with his maternal grandparents and sisters in Arizona if he was removed from Joseph's custody.

The following day the Department's social worker met with Joseph and Aiden at their motel. Aiden was allowed to remain in Joseph's care. Like Brittney, Joseph asked that Aiden be placed with his maternal grandparents and his sisters if removed from his custody. On August 6, 2014 Joseph tested positive for methamphetamine and marijuana. He admitted using methamphetamine two days earlier, when Brittney had been arrested, and claimed she had used heroin that day.

On August 13, 2014 the Department detained Aiden in the home of maternal great-aunt Nancy N. (Hector's sister). The Department filed a petition pursuant to Welfare and Institutions Code section 300, subdivisions (a) (serious physical harm) and (b) (failure to protect), on Aiden's behalf on August 14, 2014, alleging in part that Brittney and Joseph had endangered Aiden by allowing him to live within ready access of heroin and that both parents had a history of illicit drug abuse and were current abusers of methamphetamine and other drugs. The petition also alleged the couple had engaged in acts of domestic violence in Aiden's presence.

The detention report filed by the Department stated the maternal grandparents had called the assigned social worker, explained that Aiden's two sisters were in their custody and said they would like Aiden to be placed with them. The Department recommended that an evaluation of the maternal grandparents' home under the Interstate Compact on the Placement of Children *514(ICPC; Fam Code, § 7901 et seq. ) be ordered for possible placement of Aiden "to maintain siblings' bond."

Prior to the jurisdiction hearing Nancy told the Department she was willing to care for Aiden and to adopt him if his parents failed to reunify with him. Sandra told the social worker she was "okay with Aiden being with Nancy. We are happy that he is being well taken well care of." Hector also told the social worker he was satisfied with Aiden being placed permanently with his sister.

In a later interview, however, Hector reported that, when Aiden was initially detained, he inquired about Aiden being *405placed with Aiden's two sisters and was told that was not possible because he lived out of state, which would interfere with Brittney and Joseph's reunification efforts. The social worker told Hector he needed to find a relative for Aiden to live with or he would be placed in foster care. It was at that point that Hector asked his sister Nancy if she could take Aiden into her home.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re A.V. CA2/1
California Court of Appeal, 2026
In re N.C. CA4/1
California Court of Appeal, 2026
Marriage of Gouda and Little CA4/3
California Court of Appeal, 2026
In re Z.G. CA2/6
California Court of Appeal, 2025
Thai v. Cao CA6
California Court of Appeal, 2025
In re Mason T. CA2/8
California Court of Appeal, 2024
M.M. v. C.S. CA4/1
California Court of Appeal, 2024
In re Theodore B. CA2/8
California Court of Appeal, 2023
In re L.C.
California Court of Appeal, 2023
A.H. v. Super. Ct.
California Court of Appeal, 2023
In re M.M. CA2/8
California Court of Appeal, 2023
In re Giselle S. CA2/2
California Court of Appeal, 2022
In re S.M. CA3
California Court of Appeal, 2022
Conservatorship and Estate of Hugh F. CA4/2
California Court of Appeal, 2022
In the Matter of Senay Akin and Nedim Suljevic
Supreme Court of New Hampshire, 2022
IDHW v. John Doe
Idaho Supreme Court, 2021
in Int. of S.A.G
2021 CO 38 (Supreme Court of Colorado, 2021)
In re Teagan K.-O.
Supreme Court of Connecticut, 2020
In re A.M.
California Court of Appeal, 2020

Cite This Page — Counsel Stack

Bluebook (online)
224 Cal. Rptr. 3d 400, 16 Cal. App. 5th 508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/persons-coming-under-the-juvenile-court-law-l-a-cnty-dept-of-children-calctapp5d-2017.