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In re A. C.6/28/2005
under section 3421, subdivisions (a)(2), (a)(3), or (a)(4), Mexico must lack jurisdiction. Mexico has jurisdiction if (1) it was A.'s home state on December 31, 2003, or (2) it was her home state within the period July 1 to December 31 and she was absent from Mexico and her parents continued to live there. (§ 3421, subd. (a)(1).) Mexico was A.'s home state both on December 31 and within the period July 1 to December 31 if she lived there with her parents from July 1 to December 31, aside from temporary absences. (§ 3402, subd. (g).) Therefore, we must determine if she lived in Mexico with her parents from July 1 to December 31, aside from temporary absences.
As noted above, Mexico was A.'s home state before September 5, 2003. On September 5, the Sacramento Agency apparently took A. into custody after her release from the Shriners' Hospital and moved her to the D's.' home. On September 9, it filed a dependency petition, which was dismissed on December 12. This dismissed petition did not change the fact that A. was still in California solely for medical care. Thus, Mexico remained her home state from September 5 until December 12. As noted above, it is unclear where A. was from December 12 until December 26, when Agency detained her in the D's.' home. This detention by Agency did not change her home state status, which remained Mexico when the petition was filed on December 31. Mexico therefore had subject matter jurisdiction, and California did not have subject matter jurisdiction under section 3421, subdivisions (a)(2), (a)(3), and (a)(4).
C. Section 3424: Temporary Emergency Jurisdiction
1. Section 3424, Subdivision (a)
Section 3424, subdivision (a) states: "A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to, or threatened with, mistreatment or abuse."
"One of the reasons the UCCJA was revised and the Act enacted was to clarify when a court could take emergency jurisdiction over a child. The Act made clear that emergency jurisdiction could be exercised to protect a child only on a temporary basis until the court with appropriate jurisdiction issued a permanent order. [Citation.]" (In re C.T., supra, 100 Cal.App.4th at p. 112.) An "order assuming emergency jurisdiction under the Act has time limitations. It must specify 'a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction.' (§ 3424, subd. (c).) It 'remains in effect until an order is obtained from the other state within the period specified or the period expires.' (Ibid.)" (In re C.T., supra, 100 Cal.App.4th at p. 108.)
Emergencies under the Act generally involve sexual or physical abuse. (In re C.T., supra, 100 Cal.App.4th at p. 109; In re Stephanie M., supra, 7 Cal.4th at pp. 303, 310-311; In re Nada R. (2001) 89 Cal.App.4th 1166, 1174.) "Unsubstantiated allegations are insufficient to invoke emergency jurisdiction." (In re C.T., supra, 100 Cal.App.4th at p. 107.) The finding of an emergency is to be made only after an evidentiary hearing, although the juvenile court can detain the child before that hearing. (Id. at pp. 107, 108, fn. 3.) The jurisdictional hearing does not qualify as the hearing authorized by the Act. (Id. at pp. 108-109.)
The requirements of section 3424, subdivision (a) were not satisfied in this case. The jurisdictional finding--Mother and Father were unable to provide the intensive medical treatment required for A.'s cerebral palsy, spinal cord injury, and respiratory com
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