In Re Aaron D.

Good Law
165 Cal. App. 4th 1546·82 Cal. Rptr. 3d 510
Court of Appeal of CaliforniaAugust 19, 2008E044453California6,883 words

Opinion

Opinion

Michael D. Randall, under appointment by the Court of Appeal, for Minors.

Appellant Ruby D. (Mother) is the mother of two children, Aaron D., born in 2004, and Arriana D., born in 2003 (children). Mother appeals from the juvenile court orders terminating her parental rights to the children. Specifically, Mother argues (1) the juvenile court lacked jurisdiction over this case under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Fam. Code, § 3400 et seq.) because Texas had jurisdiction over custody determinations involving the children and the California juvenile court did not contact the Texas court to resolve jurisdiction; (2) Mother did not receive proper notice of the Welfare and Institutions Code section 366.26 [1] selection and implementation hearing; and (3) the court erred in finding the children adoptable because of their special developmental needs, physical ailments, and psychosocial issues.

As discussed below, we conclude that the juvenile court lacked anything other than emergency jurisdiction over this case under the UCCJEA because the court in Texas had already made a custody order regarding Arriana and a custody proceeding was…

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