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In re A. C.6/28/2005
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B. Section 3421: Home State Jurisdiction
Section 3421, subdivision (a) confers jurisdiction on the juvenile court "only if any of the following are true:
"(1) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state.
"(2) A court of another state does not have jurisdiction under paragraph (1), or a court of the home state of the child has declined to exercise jurisdiction on the grounds that this state is the more appropriate forum under Section 3427 or 3428, and both of the following are true:
"(A) The child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence.
"(B) Substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships.
"(3) All courts having jurisdiction under paragraph (1) or (2) have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under Section 3427 or 3428.
"(4) No court of any other state would have jurisdiction under the criteria specified in paragraph (1), (2), or (3)."
1. Section 3421, Subdivision (a)(1)
Section 3402 provides the definitions necessary to a discussion of section 3421, subdivision (a)(1). " 'Home state' means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. . . . A period of temporary absence of any of the mentioned persons is part of the period." (§ 3402, subd. (g).) " 'Person acting as a parent' means a person, other than a parent, who: (1) has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding; and (2) has been awarded legal custody by a court or claims a right to legal custody under the law of this state." (§ 3402, subd. (m).) " 'Physical custody' means the physical care and supervision of a child." (§ 3402, subd. (n).)
Because neither Mother nor Father lived in California and because A. was in California when these proceedings were commenced on December 31, 2003, the only possibility for California subject matter jurisdiction under section 3421, subdivision (a)(1) is that California was A.'s home state on December 31. Integrating the definitions in section 3402 into the language of section 3421, subdivision (a)(1), California was her home state on that date if, since July 1, she had lived in California with a person who cared for and supervised her, and who had been awarded legal custody by a court or who claimed legal custody. Aside from the hospital, the only place in California A. stayed was in the D's.' home. However, she was not moved to the D's.' home until September 5. Before the Sacramento Agency moved her from the Shriners' Hospital to the D's.' home on that date, Mexico was her home state, and she was temporarily absent from Mexico solely for hospitalization and medical treatment. We therefore conclude that section 3421, subdivision (a)(1) did not confer jurisdiction on the juvenile court.
2. Section 3421, Subdivisions (a)(2), (a)(3), and (a)(4)
For California to have subject matter jurisdiction
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