A.H. v. Super. Ct.
Annotate this CaseIn August 2020, police went to a motel room to investigate child abuse. Three children were present: K.H. (an eight-year-old boy), A.H. (a five-year-old girl), and P.A. (an 18-month-old girl). The boy had visible bruises on his face and arms; the older girl had multiple bruises on her legs. Police arrested S.A. (“Mother”), and A.A. (“Husband” and father of the younger girl), who had brought the three children from Texas to California about three weeks prior. At that time, A.H. (“Father” of the two older children) was incarcerated in Texas for aggravated assault with a deadly weapon. The children were taken into protective custody. The next day, Orange County Social Services Agency (SSA) filed a dependency petition, and the juvenile court took “emergency jurisdiction . . . pursuant to UCCJEA.” About a week later, the court phoned a Texas state court judge who “cede[d] jurisdiction to the state of California.” SSA placed the children in foster care with Dana C. (“Caregiver”). Mother pleaded guilty to two counts of child abuse, served a 120-day jail sentence, and returned to Texas. Husband’s disposition and whereabouts were unknown. Father was no longer incarcerated and lived in Texas. In March 2021, the juvenile court sustained the dependency petition, declaring the children to be dependents of the court. Six months later, Mother moved to transfer the matter to Texas. In July 2022, the juvenile court again spoke to a Texas judge and found the state continued to decline to exercise jurisdiction under the UCCJEA. Father appealed, contending the California juvenile court never had subject matter jurisdiction under the UCCJEA and all the juvenile court’s orders had to be reversed. The Court of Appeal denied the parents' requests, finding substantial evidence to support the juvenile court's ruling.
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