In Re Gi

134 Cal.App.2d 479 (1955) In re JANE POPO GI, a Minor. COUNTY OF ALAMEDA, Appellant,

v.

COUNTY OF CONTRA COSTA, Respondent.

Civ. No. 16568. California Court of Appeals. First Dist., Div. Two.

July 21, 1955. J. F. Coakley, District Attorney (Alameda), R. Robert Hunter, Chief Assistant District Attorney, and William S. Coit, Deputy District Attorney, for Appellant.

Francis W. Collins, District Attorney (Contra Costa), and Douglas M. Quinlan, Deputy District Attorney, for Respondent.

KAUFMAN, J.

This is an appeal by Alameda County from an order made by the judge of the juvenile court of the county of Contra Costa in accordance with section 880 of the Welfare and Institutions Code, transferring the case of Jane Popo Gi, a minor, to appellant county on the ground that she was a resident thereof. Such an order is made appealable by section 885 of the Welfare and Institutions Code.

The parties agree that the only point in issue is whether or not Jane Popo Gi is a legal resident of Alameda County.

Jane Popo Gi was born in Pago Pago, Samoa in 1940. Her parents who were also born in American Samoa, and were divorced in Pago Pago in 1945 by a decree which gave custody of Jane to the mother. Her father remarried the same year in Samoa. In 1948 while he and his present wife were living in Honolulu, T. H., Jane's mother gave physical custody of the child to the father in Honolulu where she remained with him for about two years. The family then moved to California where they have lived since that time. They made their home in Richmond, county of Contra Costa, from 1951 until September 15, 1954, at which time Jane's father moved the family to Oakland with the intention of establishing residence there. Mr. Gi is presently stationed at Treasure Island with the United States Navy. [481]

Jane's mother has always resided in Samoa, her present address being Fagaitua, Samoa-American Tuituila.

On August 18, 1954, less than a month before the removal of the family to Oakland, a petition was filed in the juvenile court of Contra Costa County alleging that Jane Gi came within the provisions of section 700, subdivision (k) (in danger of leading an immoral life) of the Welfare and Institutions Code. A hearing was held on October 4, 1954, and the allegations of the petition were found to be true. The judge further found that on the date of the hearing Jane was a resident of Alameda County because her father was a resident of that county. The order declared the minor to be a ward of the juvenile court of Contra Costa County and ordered the case transferred to the county of Alameda. Appellant requested a transcript of the testimony on which the transfer order was based, but was informed by Contra Costa County that transcripts were not made of juvenile court hearings, and that the basis of the order was the fact that the father was the only parent of the child within the continental United States and that he had actual custody of the child since 1948. The transfer order recited that "to this order of transfer is attached a copy of said original petition, together with a summary of all the facts in the possession of this Court, or of the Probation Officer of this County, covering the history of said alleged minor." The order further stated that "said minor ... is the daughter of Faaloua Petelo Gi who resides at 1109 Poplar Street, Oakland, California. Said minor is therefore a resident of Alameda County." Respondent apparently concedes that legal custody of the minor was given to the mother by the divorce decree. The probation report attached to the transfer order shows that the mother in Samoa still retains custody of the child under the provisions of that decree.