In re A.W. CA3

Filed 3/2/16 In re A.W. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

In re A.W., a Person Coming Under the Juvenile Court Law.

SACRAMENTO COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES,

Plaintiff and Respondent, C077896

v. (Super. Ct. No. JD234910)

E.A.,

Defendant and Appellant.

E.A., mother of the minor, appeals from the judgment of the juvenile court. (Welf. & Inst. Code, § 395.) Mother contends the juvenile court lacked jurisdiction, beyond emergency jurisdiction, to enter orders in the dependency proceeding because the court did not properly acquire jurisdiction pursuant to the requirements of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Fam. Code, § 3400 et seq.). Mother further contends substantial evidence did not support the court’s finding it would

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be detrimental to place the minor with father. Respondent concedes the jurisdictional issue and argues mother lacks standing to challenge the placement determination. We conclude mother lacks standing to challenge the placement determination. As to the jurisdictional issue, we reverse and remand with direction to the juvenile court to comply with the provisions of the UCCJEA. FACTS The Sacramento County Department of Health and Human Services (Department) filed a petition on July 2, 2014, to detain 14-year-old A.W. due to mother’s repeated incidents of domestic violence while under the influence of alcohol and in the minor’s presence. Mother and the minor previously resided in the state of Washington and moved to California on June 14, 2014. The minor was briefly in foster care in Washington following a similar incident of alcohol-related domestic violence at their previous residence. The juvenile court ordered the minor detained and placed the minor with a relative/non-related extended family member. The minor’s father was located in Idaho. He was aware the minor had been in foster care in Washington but had not made an effort to gain custody of her at that time. At the prejurisdiction conference, the juvenile court ordered an Interstate Compact on the Placement of Children (ICPC) study for the maternal grandmother. Mother’s counsel informed the court mother was going to be relocating and mother and the minor had only been in Sacramento for two months. Counsel for the Department suggested the case belonged in Oregon1, however, the court was of the opinion that coming to