In Re Hadley B.

California Court of Appeal Mar 22, 2007 No. G037558, G037689Published

Before: Aronson

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Holding. The juvenile court erred by refusing to allow the amendment of a dependency petition to include out-of-county evidence and by excluding such evidence as irrelevant, as dependency proceedings must consider all circumstances affecting a child's welfare regardless of geographic boundaries. The court must adjudicate the child's status based on the totality of evidence, including previously litigated facts and out-of-county incidents.

Issues

Whether a juvenile court may refuse to amend a dependency petition to include out-of-county evidence based on forum non conveniens.
Whether a juvenile court may exclude evidence of a minor's circumstances occurring outside the county of venue in a dependency proceeding.
Whether a juvenile court may strike allegations from a subsequent dependency petition that were previously litigated or excluded in an earlier proceeding.

Disposition. reversed and remanded

Quotations verified verbatim against the opinion

“The focus of dependency proceedings is on the child, not the parent or political boundaries.”

“The juvenile court adjudicating dependency jurisdiction must consider all the circumstances affecting the child, wherever they occur.”

“Piecemeal adjudication of dependency jurisdiction undermines the statutory goal of protecting children at risk.”

56 Cal.Rptr.3d 234 (2007) 148 Cal.App.4th 1041 In re HADLEY B., a Person Coming Under the Juvenile Court Law.

Orange County Social Services Agency, Plaintiff and Appellant,

Hadley B., Minor and Appellant,

Cam B. et al., Defendants and Respondents.

Orange County Social Services Agency, Petitioner,

The Superior Court of Orange County, Respondent;

Hadley B. et al., Real Parties in Interest.

Nos. G037558, G037689. Court of Appeal of California, Fourth District, Division Three.

February 26, 2007. As Modified March 22, 2007. Benjamin P. de Mayo, County Counsel, Dana J. Stits, Aurelio Torre and Jeannie [235] Su, Deputy County Counsel, for Plaintiff, Appellant, and Petitioner Orange County Social Services Agency.

Rich Pfeiffer, under appointment by the Court of Appeal, for the Minor, Appellant, and Real Party in Interest, Hadley B.

Roni Keller, under appointment by the Court of Appeal, for Defendant, Respondent, and Real Party in Interest Cam B.

Janette Freeman Cochran, under appointment by the Court of Appeal, Los Angeles, for Defendant, Respondent, and Real Party in Interest Dung D.

OPINION

ARONSON, Acting P.J.

Orange County Social Services Agency (SSA) and minor, Hadley B., appeal the juvenile court's order dismissing a dependency petition after refusing to allow an amendment to include evidence of incidents occurring outside Orange County. In a second dependency petition on behalf of the same minor, the juvenile court struck all allegations of acts outside Orange County and of those litigated in the first petition. SSA filed a petition for extraordinary relief from the rulings on the second petition.[1]

On the appeal, we find the juvenile court erred in dismissing the original dependency petition and reverse, directing the juvenile court to dismiss the second petition, accept amendments to the original petition, and conduct another jurisdictional hearing. We deny the petition for extraordinary relief as moot.

In Re Hadley B.

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OPINION

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DISCUSSION

III

DISPOSITION

NOTES

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