County of Marin v. County of Mendocino

DRAPER, P. J. Although juvenile court proceedings are before us, these appeals do not turn upon the rights or interests of the juveniles or their parents. Rather, the dispute is solely among counties seeking determination of which shall bear the administrative and financial burden of wardships. Mendocino County appeals from orders of the juvenile courts of Marin and Sonoma Counties transferring to it the Grimmer and James Smith wardships. These appeals have been consoli[842]dated. Sonoma and Mendocino Counties have stipulated that disposition of the appeal in the Jerry Smith wardship shall follow that in the two consolidated appeals.

In each of the two consolidated appeals, wardship was adjudged upon findings of violation of law (Welf. & Inst. Code, § 602). Each minor’s parents had been divorced, and the mother of each had been awarded custody by the divorce court. Upon adjudication of wardship, each minor had been placed on probation in the home of the mother, subject to supervision by the juvenile probation officer. In each case, the minor’s adjustment was found unsatisfactory, and each was removed from the custody of the parent and placed in that of the probation officer for placement in a foster home. Each mother, having remarried, thereafter moved to Mendocino County. The juvenile courts of Marin and Sonoma Counties ordered the juvenile proceedings transferred to the county of the mothers’ new residence. Mendocino, the transferee county, appeals. The appeals are authorized by statute (Welf. & Inst. Code, §754).

There is no element affecting the interests or welfare of the minors. Transfer of the case does not compel removal of the minor from the foster home in which he has been placed nor does retention limit choice of foster homes (Welf. & Inst. Code, §755).

Transfer of a juvenile court proceeding is authorized when the “residence” of the juvenile is changed to another county (Welf. & Inst. Code, § 750). The propriety of the transfers thus turns upon “residence.” That term is defined in some detail by the same code (§17.1). The parties agree that the residence of the father does not determine that of the child, under subdivision (a) of section 17.1, because by the divorce decree the father “has been legally deprived of his custody.” Our question is whether subdivision (b) or (e) is the applicable provision. The few reported decisions dealing with transfer (In re Gi, 134 Cal.App.2d 479 [286 P.2d 364] ; In re Alexander, 152 Cal.App.2d 458 [313 P.2d 182] ; County of Los Angeles v. Superior Court, 128 Cal.App. 522 [18 P.2d 112]) are of no aid on this issue, and we must look to the statutes alone.