San Diego County Health & Human Services Agency v. Y.M.
207 Cal. App. 4th 892
| Cal. Ct. App. | 2012Background
- YM, Guatemalan special needs child, abducted at 14 by Father in Guatemala and brought to California for abuse.
- Federal authorities later recognized YM as a human trafficking victim eligible for TVPA protections.
- Juvenile court declared YM a dependent; placed in a federal unaccompanied alien children program over YM’s objection.
- Court terminated dependency jurisdiction based on belief that a Guatemalan protocol was a treaty preempting state law.
- ORR and federal authorities arranged services for YM; Guatemalan protocol described as Guatemalan internal procedure, not a US-Guatemala treaty.
- Remand ordered to allow SIJ findings and consideration of concurrent federal/state programs for YM’s best interests, without altering federal custody without consent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Guatemalan Protocol preempts state dependency law | YM argues Protocol acts as a treaty requiring repatriation | Agency argues Protocol guides repatriation decisions | Protocol is not a treaty and does not preempt state law |
| Whether state dependency jurisdiction survives concurrent federal custody | YM retains state court jurisdiction to protect her interests | Federal custody preempts state action | Concurrent federal and state jurisdiction exists; state may issue SIJ findings and other orders within limits |
| Whether SIJ findings should have been made | YM is eligible for SIJ status and court should grant findings | Court declined to issue SIJ findings at that stage | Court erred in not making SIJ-predicate findings; remand for SIJ analysis |
| Whether termination of reunification services to Father was proper | YM sought termination due to abuse and best interests for SIJ | Court can maintain reunification services | Court abused discretion in denying termination of reunification services; termination appropriate for YM |
Key Cases Cited
- Perez-Olano v. Gonzalez, 248 F.R.D. 248 (C.D. Cal. 2008) (SIJ jurisdiction and concurrent state-federal authority principles)
- In re Jose C., 45 Cal.4th 534 (Cal. 2009) (federal preemption limits re custody/placement decisions; state courts remain competent)
- In re Angel L., 159 Cal.App.4th 1127 (Cal. App. 2008) (emergency/long-term jurisdiction and best interests framework in California)