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California Court of Appeal


In re Nelson B., A136240

Dismissal of a petition under Welfare and Institutions Code section 300(b) was proper, where the Juvenile Court lacked subject matter jurisdiction because: 1) the minor's aunt in Maryland qualified as a person acting as a parent for purposes of the home state definition; and 2) barring a threat of mistreatment or abuse in his state of origin, a minor's unilateral decision to run away to California cannot defeat the home-state status of his origin state under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).

Appellate Information

  • Decided 04/26/2013
  • Published 04/26/2013

Judges

  • MARGULIES

Court

  • California Court of Appeal

Counsel

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