Appellate Decisions

Case Name: In re G.B.

Statutory Ref.: WIC, §348 [Amend. of a Petition and Variance]
Opinion Filing Date: 10/18/2018
CITATION:28 Cal.App.5th 475
District: 2, Division: 6, Case #: B288376

Case Holding:

Trial Court Reversed.

The juvenile court may not base its jurisdictional order on a factual and legal theory not raised in the original petition.  The court lacks authority to initiate a dependency proceeding or craft its own allegations and then adjudicate those allegations.

Case Name: In re E.R.

Statutory Ref.: Fam. Code, § 3421 [Juris. to Make Findings]
Opinion Filing Date: 10/10/2018
CITATION: 28 Cal.App.5th 74
District: 2, Division: 6, Case #: B288376

Case Holding:

Termination of parental rights conditionally reversed, remanded with instructions.

Where an out-of-state court declines to exercise jurisdiction over a case on the ground that California was the more appropriate forum, the California court has subject matter jurisdiction over the child’s case under Fam. Code, § 3421, subd. (a)(3).  This is so, regardless of whether California also had jurisdiction to make initial custody determinations under § 3421, subd. (a)(2).