Los Angeles County Department of Children's Services v. Willie J.

Opinion

HASTINGS, J. A petition was filed in dependency court when Gloria J. was 17. When the adjudication hearing was held, she had turned 18. This appeal asks us to determine whether the court had jurisdiction over Gloria J. at the time of the adjudication hearing after she had turned 18.

The petition was filed November 6, 1985, and alleged that Gloria J., bom February 12, 1968, resided with her father, Willie J. (appellant); and that he failed to exercise proper and effective parental care and control. The petition contained two counts. Count I alleged that appellant had sexually molested Gloria J. during the preceding eight years; count II alleged Gloria’s mother’s interest and ability to parent her were unknown. The detention hearing (Welf. & Inst. Code, § 315) was held November 7, 1985, and the court found that a prima facie case had been made that Gloria J. was a person [837]described under section 300, subdivisions (a) and (d).1 The adjudication or jurisdiction hearing subsequently was set for December 17, 1985. On December 17, 1985, the hearing was continued to March 10, 1986, because appellant’s counsel was ill. The adjudication hearing finally was held on March 10,1986. Appellant moved to dismiss, arguing the court had lost jurisdiction because Gloria J. had turned 18 on February 12, 1986. The court denied the motion, ruling, “Analogizing it to Welfare and Institutions Code section 602 situation, a minor commits murder at age 17, doesn’t come to trial until he’s 18, jurisdiction attaches if the petition is found true. I don’t see any reason to be any different here----[M]y ruling is that at the time the alleged acts occurred, the child was a minor. And that is what the court’s jurisdiction stems from.” The court heard testimony, sustained the petition, and ordered Gloria J. detained in McClaren Hall or department of social services shelter care. The disposition hearing was set for April 4, 1986.

On April 4, 1986, appellant objected to the court’s action, again arguing lack of jurisdiction. The court overruled the objection and ordered implementation of the recommendations contained in the children’s services worker’s report.2

Appellant appeals repeating the jurisdiction argument raised below. We reverse the judgment and order the petition dismissed.

To better understand the issue presented in this appeal a brief summary of the dependency court process is helpful. When a minor is identified by the department of children services as being in need of protection and is taken into custody, a petition must be filed in superior court within 48 hours. (§ 313, subd. (a); Cal. Rules of Court, rule 1331(a).) If the minor remains in custody after the petition is filed, a juvenile court hearing is held to determine solely whether the minor shall be further detained. This “detention” hearing must occur as soon as possible but in any event before the expiration of the next judicial day. (§ 315; Cal. Rules of Court, rule 1331(e).) No minor may be ordered detained by the court unless a prima facie showing has been