Sean k. v. Superior Court

Opinion

CROSBY, J. The father of two legitimate children challenges a local juvenile court determination that dependency proceedings on their behalf should be litigated in Texas. The ruling was erroneous, and we direct issuance of a peremptory writ accordingly.

I

In October 1984, Sean K. resided in Orange County with his two preschool-age children. Their mother’s petition for dissolution of marriage was then pending in Texas, and he had signed a written appearance in that action and waived service of process.

Several months later Sean K. was arrested for alleged sexual abuse of his girlfriend’s infant son. His children were removed from the home, eventually to be temporarily placed with his mother; and dependency proceedings were instituted (Welf. & Inst. Code, § 300, subds. (a) and (d)). Coincidentally, on the same day Sean K.’s troubles began in this state, his wife independently signed an affidavit in Texas relinquishing her own parental rights and purporting to place the children with the Texas Department of Human Resources for adoption.

A Texas divorce decree was filed February 19, 1985. It acknowledged the mother’s unrevoked relinquishment of parental rights, ordered the children placed with the Texas Department of Human Resources, and directed the father to pay child support. The following week, the court appointed the Grayson County Children’s Protective Service, unit 036, as the children’s managing conservator “until such time as the parents appear before the Court and a final hearing can be heard.” The Texas courts followed with a warrant and writ of attachment for their production to a representa[777]live of unit 036. At this time, they were living in Orange County with their paternal grandmother.

Based on the writ of attachment and warrant, our juvenile court scheduled a hearing to consider its jurisdiction to proceed on the dependency petitions. Sean K. testified he did not learn his former wife had relinquished her parental rights until after the divorce decree was entered. Oddly, the deputy county counsel appearing on behalf of the Orange County Human Services Agency, the entity which initiated the dependency proceedings here, took the position that this state lacked jurisdiction under the Uniform Child Custody Jurisdiction Act and all custody issues would have to be litigated in Texas. We disagree with this attempt to export what has now become a California social problem to Texas.