San Joaquin County Human Services Agency v. Jo. S.
199 Cal. App. 4th 1291
| Cal. Ct. App. | 2011Background
- Minor J.S. was approximately 16 when placed in protective custody in July 2010 after mother’s arrest for physical abuse of a minor; father was incarcerated and mother had no stable home.
- Court returned minor to mother at initial jurisdiction hearing; mother consented to jurisdiction for purposes of drug court and no custody-restrictive conditions were imposed.
- Disposition hearing contemplated placement with mother; Agency recommended foster care with services for mother; minor remained with mother through 2010.
- Mother took minor to Nevada and consented to minor’s marriage to her 18-year-old boyfriend; court expressed concern and considered whether to file a petition, then left the issue open.
- Agency filed a motion to dismiss the dependency proceeding on emancipation by marriage; court held mother lacked authority to bind, but did not dismiss; later, December 2010 disposition again declined dismissal and adjudicated minor dependent with placement with grandfather.
- In April 2011 the court dismissed the dependency proceeding, gave mother sole custody, denied father visitation; appellant challenge focused on denial of the motion to dismiss; this appeal is not moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the appeal moot? | Agency contends dismissal of proceedings rendered appeal moot. | Appellate challenge targets exit orders and ongoing issues tied to emancipation. | Not moot; exit orders directly relate to denial of dismissal. |
| Did emancipation by marriage warrant dismissal of the dependency proceeding? | Minor’s marriage emancipated her and removed her from dependency jurisdiction. | Agency argues emancipation occurred; dismissal appropriate. | Emancipation by operation of law due to Nevada marriage with mother’s consent; trial court should have dismissed. |
Key Cases Cited
- In re Joshua C., 24 Cal.App.4th 1544 (1994) (mootness and dependency appeal relevance)
- In re Kristin B., 187 Cal.App.3d 596 (1986) (dependency proceedings and emancipation considerations)
- McDonald v. McDonald, 6 Cal.2d 457 (1936) (marriage validity and effect on emancipation)