California Court of Appeal

Juvenile court's judgment, taking jurisdiction over a minor under Welfare and Institutions Code section 300(d) and removing her from her mother's physical custody, after determining that she was at risk of continuing sexual abuse by her stepfather, and temporarily placing the minor with her father in Peru, is reversed and remanded for a further hearing to determine the enforceability of the juvenile court's jurisdiction in Peru as it is not clear from the record that the juvenile court will have the ability to enforce its continuing jurisdiction over the minor after placement in Peru. On remand, the juvenile court must consider: 1) evidence regarding recognition and enforcement of the juvenile court's continuing jurisdiction under the laws of Peru; and 2) imposition of any measures necessary or appropriate to ensure enforceability of the juvenile court's continuing jurisdiction and its order while the minor is outside the U.S.

Appellate Information

• Decided 07/22/2010
• Published 07/22/2010

Judges

• Bruiniers, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Michael P. Murphy, Seth F. Gorman