San Diego Cnty. Health & Human Servs. Agency v. K.C. (In re A.C.)

220 Cal. Rptr. 3d 725, 13 Cal. App. 5th 661
CourtCalifornia Court of Appeal, 5th District
DecidedJune 30, 2017
DocketD071772
StatusPublished
Cited by73 cases

This text of 220 Cal. Rptr. 3d 725 (San Diego Cnty. Health & Human Servs. Agency v. K.C. (In re A.C.)) 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
San Diego Cnty. Health & Human Servs. Agency v. K.C. (In re A.C.), 220 Cal. Rptr. 3d 725, 13 Cal. App. 5th 661 (Cal. Ct. App. 2017).

Opinion

HALLER, J.

*664K.C. (Mother) appeals orders of the juvenile court terminating parental rights to her sons A.C. and E.C. under Welfare and Institutions Code section 366.26 and placing them for adoption. She contends the court erred by concluding it had subject matter jurisdiction over her children's cases under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA, Fam. Code, § 3400 et seq. ).1 The parties agree that Mexico is her children's home state. Although the court sent two e-mails to Mexico courts inquiring whether they declined to exercise jurisdiction over the children's cases in favor of California's assumption of jurisdiction, Mother argues on appeal that the court erred by not verifying and authenticating on the record that those e-mails were sent to the correct e-mail addresses and appropriate judicial authorities in Mexico and that those e-mails were actually received by those authorities. Mother argues that without such verification and authentication, the record does not show that the Mexico courts affirmatively declined to exercise home state jurisdiction of the cases under the UCCJEA based solely on their failure to timely respond to the juvenile court's e-mails. She further argues that, in any event, the court could not exercise subject matter jurisdiction under section 3421, subdivision (a)(2), because there is no evidence showing that the children and at least one parent had significant connections to California other than mere physical presence or that there is substantial evidence available in California concerning the children's care, protection, training, and personal relationships. We affirm the orders.

FACTUAL AND PROCEDURAL BACKGROUND

On May 21, 2015, Mother, who was born in California, was deported from Mexico to the United States at the San Ysidro Port of Entry. Her two sons, A.C. and E.C., were with her when San Diego Police Department officers responded to a call regarding a female (Mother) who might be unfit to care for her two children. On their *730arrival, the officers found A.C., then six years old, and E.C., then 15 months old, sitting on the ground with Mother. Mother appeared manic and confused about her detention and expressed irrational beliefs (e.g., she could communicate telepathically). Based on their belief Mother was gravely disabled and unable to care for herself and her two children, the officers detained Mother pursuant to Welfare and Institutions Code section 5150 and transported her to a San Diego County mental health facility for evaluation. Her children were transported to the Polinsky Children's Center (PCC).

On May 26, the San Diego County Health and Human Services Agency (Agency) filed a Welfare and Institutions Code section 300, subdivision (b), *665juvenile dependency petition for each child, alleging the child was at substantial risk of serious physical harm or illness because of Mother's inability to care for the child. Agency's detention report summarized Mother's extensive criminal history, including an April 16, 2015, arrest in San Luis Obispo, California, for bribing an officer, carrying a concealed firearm in a vehicle, and being a felon or addict in possession of a firearm. Mother did not provide Agency with the identity of her children's father(s).

On May 27, the juvenile court issued orders finding prima facie showings had been made under Welfare and Institutions Code section 300, subdivision (b), detaining the children at PCC or an approved foster home, and setting jurisdiction and disposition hearings for June 16. Although Mother had been released from the mental health facility the previous day and had received notice of the detention hearings, she did not appear at the hearings.

In Agency's report for the jurisdiction and disposition hearings, it reported that Mother stated she and her children lived in Mexico and her children had Mexico citizenship. Mother identified M.C. as the children's father, but stated he was not involved in their lives. A maternal aunt confirmed Mother initially lived in Monterey, California, but relocated to Mexico with M.C. after he was deported there. Mother denied having mental health problems. Although Mother visited her children at PCC on June 5, she did not show up for a scheduled visit three days later or for a scheduled appointment with an Agency social worker. Agency recommended that the court declare the children dependents of the court and order reunification services and supervised visits for Mother.

On June 16, the court held the jurisdiction and disposition hearings. Mother did not appear at the hearings. Agency raised the issue of the court's jurisdiction under the UCCJEA based on Mother's report that she had lived in Mexico for the past nine years and her children had resided in Mexico with her. Agency recommended that the court take temporary emergency jurisdiction under the UCCJEA and then contact Mexico courts to determine whether they were interested in exercising jurisdiction over the case before deciding the question of its subject matter jurisdiction. The court continued the hearings until July 15 and stated it would send an e-mail to Mexico authorities to determine whether they were willing to defer subject matter jurisdiction to it. Agency confirmed the court's understanding that Mother was currently living in Rosarito, Mexico.

Agency thereafter learned that a Mexico birth record showed A.C. was born in Mexico, but no birth record for E.C. was located. Mother stated E.C. was born in Tijuana, Mexico, but his birth apparently was not registered in either Mexico or the United States.

*666At the July 15 continued hearings, the court stated on the record its attempts to contact Mexico court authorities to ascertain *731whether Mexico declined to exercise jurisdiction over the cases in favor of California assuming jurisdiction, stating:

"With respect to UCCJEA, I have handed the lawyers, and I have filed in the court file, my two written attempts to contact the judges that this court is on notice are the presiding judges over dependency and family court matters within Baja California, including the Rosarito County ... or City within Baja California. I made two contacts. I have made several telephone calls to the numbers that I had with no success in getting through to these two judges, as well as two written e-mail inquiries-one Thursday, July 2nd, the other Monday, July 6th.
"I did indicate that if I did not hear back from either judge regarding opposition to this court taking subject matter jurisdiction prior to July 14th, 2015, then I would assume that the Country of Mexico is deferring jurisdiction to San Diego County.
"I have not heard from either judge. We are past the deadline that I asked for a response."2

The court then found it had complied with the UCCJEA by giving notice to Mexico of the proceedings in these cases and of Mexico's ability to go forward with its own proceedings in its jurisdiction. The court further found that because it had not received any response to its inquiries, it took subject *667

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Cite This Page — Counsel Stack

Bluebook (online)
220 Cal. Rptr. 3d 725, 13 Cal. App. 5th 661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/san-diego-cnty-health-human-servs-agency-v-kc-in-re-ac-calctapp5d-2017.