San Diego County Department of Social Service v. Norma M.

I. Introduction

The Court of Appeal reversed the order of the juvenile court denying a motion for change of placement of a minor from foster care to her grandmother’s care. The Court of Appeal concluded that the lower court’s error in ruling on the motion for change of placement also required reversal of its ensuing order terminating parental rights. The minor and the San Diego County Department of Social Services (Department) petitioned for review, arguing that the Court of Appeal erred in substituting its judgment for that of the juvenile court, in failing to accept the proffer on appeal of new evidence regarding the child’s best interests and in ordering her immediate transfer to her Mexican guardian without further hearing in the juvenile court. In *303 response, the parents and Mexico, as amici curiae, have questioned the jurisdiction of any court of this state to determine the custody of the minor, who is a Mexican national.

We conclude that the juvenile court properly exercised jurisdiction under the Uniform Child Custody Jurisdiction Act. (Fam. Code, § 3400 et seq.) We also conclude that the juvenile court did not abuse its discretion in denying the motion for…