In Re Domingo C. L.
M2016-02383-COA-R3-JV
| Tenn. Ct. App. | Aug 30, 2017Background
- Minor Domingo C.L. was born in Guatemala in 2000 and lived there with mother, grandfather, and two sisters; father abandoned family years earlier.
- In 2015 the Minor crossed the U.S.–Mexico border and was apprehended, then placed in Rutherford County, Tennessee in September 2015 with his paternal uncle.
- The Minor’s Uncle filed a Petition for Appointment of Guardian in August 2016 seeking, among other things, a finding that it would not be in the Minor’s best interest to be returned to Guatemala.
- A hearing occurred where the Minor testified he preferred remaining with his uncle and that conditions in Guatemala had not improved.
- The Trial Court entered an Order Appointing Guardian on October 31, 2016, finding abandonment by the mother and father and that reunification was not viable, but it refused to make a best-interest finding regarding returning the Minor to Guatemala.
- The Uncle appealed, challenging the trial court’s lack of a best-interest finding; the appellate court held the trial court had jurisdiction, remanded for the specific best-interest determination, and affirmed the remaining portions of the order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court had jurisdiction to make a best-interest finding. | Obispo C.L. argued the court lacked jurisdiction to decide best interest. | The State court retained jurisdiction as the guardian petition sought such findings and the child was under state custody. | Yes; court had jurisdiction and must determine best-interest to Guatemala on remand. |
Key Cases Cited
- Gao v. Jenifer, 185 F.3d 548 (6th Cir. 1999) (state juvenile court may determine best interest for SIJ purposes)
- In re Dany G., 117 A.3d 650 (Md. Ct. Spec. App. 2015) ( Maryland approach to SIJ predicate findings emphasizing state-law definitions of abuse/neglect/abandonment and best interest)
- In re Y.M., 207 Cal.App.4th 892 (Cal. Ct. App. 2012) (California support for state court findings to permit SIJ status)
- In the Matter of Mohamed B., 83 A.D.3d 829 (N.Y. App. Div. 2011) (court’s role in issuing predicate findings for SIJ status)