California Court of Appeal

In re: R.D., E044391

In juvenile proceedings wherein the San Bernardino County Juvenile Court "accepted" a transfer of a child supervision case from the Los Angeles County Juvenile Court for the sole purpose of entering orders to transfer the matter back to Los Angeles County, the court of appeals rules that: 1) the San Bernardino County Juvenile Court's refusal to accept the transfer from Los Angeles County was improper, as it did not hold a separate hearing and failed to consider whether the best interest of the child would be served by the re-transfer; and 2) alternatively, aside from definitional intricacies that a transfer after "acceptance" is not technically a "refusal", the San Bernardino Court abused its discretion by transferring the case to Los Angeles County in light of the fact that the child and his legal guardian both actually lived in San Bernardino County.

Appellate Information

• Decided 06/03/2008
• Published 06/03/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Raymond G. Fortner, Jr., Los Angeles County Counsel, James M. Owens, Assistant County Counsel, and Tracey F. Dodds, Principal Deputy County Counsel, for Appellant., Konrad S. Lee, under appointment by the Court of Appeal, Riverside, for minor.


• For Appellees:
  
• Ruth E. Stringer, San Bernardino County Counsel, and Jeffrey L. Bryson, Deputy County Counsel, for Respondent, San Bernardino County Department of Children's Services., Linda Rehm, under appointment by the Court of Appeal, for Respondent Clarissa V.