Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Sunday, July 23, 2006

Case Law Development: Juvenile Court Has No Jurisdiction over Missing Child

After a Mother had four other children removed due to severe child abuse (including the death of one of her children), Mother gave birth to a fifth child and reported that she had given the child to his father, whose whereabouts she did not knwo.  The state brought proceedings to bring this fifth child under court jurisdiction, denied Mother family reunification services, identified long-term foster care as a permanent plan, and ordered permanent placement services for the child if he were ever found.  On appeal, the California Court of Appeals reversed, holding that in the absence of any evidence regarding the child's whereabouts, the state had failed to establish jurisdiction.  The court suggested that the trial court should have simply waited until the child was found to hold the jurisdicitonal and dispositional hearings.  The court remanded with instructions that the juvenile court maintain the protective custody warrant issued for Baby Boy M. in full force and effect and set the case for periodic review hearings.

In re Baby Boy M, (Cal. Ct. App. July 19, 2006)
Opinion on web (Last visited July 23, 2006)

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Posted by: mak | Oct 12, 2011 5:59:47 PM

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