LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES v. SUPERIOR COURT OF LOS ANGELES COUNTY

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES v. SUPERIOR COURT OF LOS ANGELES COUNTY

Petitioner and Real Party in Interest the Department of Children and Family Services (DCFS) filed a petition in March 2009, under Welfare and Institutions Code section 300, after it received a referral that a 16-year-old child, petitioner Z.R., was pregnant, had a sexually transmitted disease and was engaged in an ongoing sexual relationship with a 28-year-old man. Evidence revealed that Z.R., a native of Mexico, moved away from her Mother's home and came to the United States with her adult boyfriend when she was 14 years old, with the blessing of her mother, Real Party in Interest, C.V. (Mother). Mother knew Z.R. was pregnant. Mother did not recognize the existence of any problem with the sexual relationship between her minor daughter and the man. Mother also indicated she lacked the funds to provide for her daughter's or the baby's medical care if Z.R. was returned to her custody in Mexico.

The juvenile court exercised temporary emergency jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act, Family Code section 3421, et seq.[ 1 ] (UCCJEA), and Z.R. was detained in foster care. However, at the adjudication hearing conducted four months later, the court determined it lacked subject matter jurisdiction and dismissed the petition. We conclude the juvenile court erred, and grant the petitions seeking vacation of the order dismissing the petition.