San Diego County Health & Human Services Agency v. Cynthia C.
4 Cal. App. 5th 125
| Cal. Ct. App. | 2016Background
- Newborn R.L. was born in a San Diego hospital in August 2014; both mother Cynthia and infant tested positive for methamphetamine. The Agency detained R.L. and filed a dependency petition under Welf. & Inst. Code § 300.
- Cynthia (U.S. citizen) had no stable residence pre-birth, traveling between Tijuana and Las Vegas; she returned to Mexico after delivery. Gerardo (father) is a Mexican national who lived in Baja California and could not legally enter the U.S.
- The juvenile court initially found California was R.L.'s "home state" under the UCCJEA, sustained the petition, removed R.L. from Cynthia, and ordered reunification services; Cynthia later failed to participate and services were terminated.
- Agency searched for Gerardo without success for many months (International Liaison, DIF, media notice); Gerardo was later located in a Baja California prison and personally served before the § 366.26 permanency hearing.
- Juvenile court terminated both parents' rights and freed R.L. for adoption. Parents appealed, challenging (1) California's UCCJEA home-state jurisdiction and emergency-contact procedures with Mexican authorities, and (2) adequacy of service under the Hague Service Convention.
Issues
| Issue | Plaintiff's Argument (Agency) | Defendant's Argument (Gerardo/Cynthia) | Held |
|---|---|---|---|
| Whether a temporary hospital stay at birth makes California the child's "home state" under the UCCJEA | California was home state because R.L. was born in California and was in the state with a parent at commencement | Temporary hospital stay alone does not mean the child "lived from birth" in California; parents primarily lived in Mexico | Hospital stay alone is insufficient; the court erred to the extent it relied on § 3421(a)(1) to find home-state jurisdiction |
| Whether the Agency qualifies as a "person acting as a parent" for UCCJEA home‑state purposes after emergency detention | Agency is a person acting as a parent because it detained the child and had custody powers | Agency’s emergency detention does not create the required pre-petition physical/legal custody under § 3402(m) | Agency detention does not convert the Agency into a person acting as a parent for § 3421(a)(1) jurisdiction |
| Whether California had significant-connection jurisdiction under § 3421(a)(2) | California had substantial evidence and significant connections (medical care, evidence of child’s needs) | Parents lacked significant, ongoing ties to California except the birth hospitalization | Court lacked significant-connection jurisdiction; § 3421(a)(2) did not apply at the jurisdictional hearing |
| Whether the court properly exercised emergency jurisdiction under § 3424 and whether failure to contact Mexican courts or comply with Hague service requires reversal | Emergency jurisdiction was proper; temporary jurisdiction could become final because no other state asserted jurisdiction; Agency exercised due diligence in locating father | Court should have contacted Mexican authorities or given time for Mexico to assert jurisdiction; Hague Convention service required when father incarcerated in Mexico | Court had temporary emergency jurisdiction under § 3424; failure to contact Mexico was harmless (no prejudice); Hague Convention did not apply while father’s whereabouts were unknown, and later defective foreign service was cured because Gerardo made a general appearance |
Key Cases Cited
- People v. Watson, 46 Cal.2d 818 (establishes Watson harmless‑error standard applied to nonconstitutional error)
- In re C.T., 100 Cal.App.4th 101 (discusses UCCJEA procedures and harmlessness for failure to contact foreign court)
- In re A.M., 224 Cal.App.4th 593 (analyzes emergency jurisdiction and the preferred practice of contacting Mexican authorities)
- In re D.S., 840 N.E.2d 1216 (Ill.) (holds temporary hospital stay at birth alone insufficient for UCCJEA home‑state jurisdiction)
- In re R.P., 966 S.W.2d 292 (Mo. Ct. App.) (same conclusion regarding brief hospital stay and home‑state status)
- Vanessa Q., 187 Cal.App.4th 128 (addresses Hague Service Convention compliance and effect of defective service)
- In re Cristian I., 224 Cal.App.4th 1088 (holds evidentiary detention hearing can satisfy UCCJEA temporary emergency jurisdiction requirements)