In re Nelson B.

Alameda County Social Services Agency v. Nelson B.

Good Law
155 Cal. Rptr. 3d 746·2013 Cal. App. LEXIS 331·215 Cal. App. 4th 1121·2013 WL 1780808
Court of Appeal of CaliforniaApril 26, 2013A136240California4,586 words

Opinion

Opinion

Margulies, J.

The Alameda County Social Services Agency (the Agency) filed a petition under Welfare and Institutions Code section 300, subdivision (b) (section 300(b)) alleging the failure or inability of appellant Nelson B.’s parent or legal guardian to supervise or protect him adequately. Appellant, then age 16, was a runaway living with his girlfriend’s family in Oakland. He was bom in Honduras and entered the country illegally on his own in 2009. United States Immigration and Customs Enforcement (ICE) apprehended appellant and placed him in the custody of his aunt in Maryland, where he lived and attended school for at least six months before running away to California in 2011. After learning of appellant’s connection to Maryland, the Agency recommended the petition be dismissed for lack of subject matter jurisdiction. The trial court so ordered, and this appeal followed. We affirm the dismissal.

I. BACKGROUND

Appellant came to the United States illegally from Honduras sometime in 2009, at the age of 13. He initially lived with his paternal aunt, Maria V, in the Washington, D.C., area but he had conflicts with her and apparently ran away in 2010. He was picked up by ICE in Texas…

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