Skip to content
Name: In re Ari S.
Case #: B311334
Division: 8
Citation: 69 Cal.App.5th 1125
Opinion Date: 20211006
Summary

A transient family had sufficient connections to California for jurisdiction where the family intended to continue their stay in California, Mother owned property there, and an older sibling lived in the state. Ari, the minor, lived and traveled in a van with Mother. In 2019, Ari was removed from Mother in Montana but was ultimately returned to her care. In May 2020, Washington child protective services was investigating the family. In June 2020, California child welfare agencies began receiving reports about the family and Mother filed a lawsuit in federal district court in California, listing a California address. Mother owned property in California. In July 2020, Mother was placed on a psychiatric hold and Ari was removed from her care. Following detention, the court found that California was Ari’s home state after Washington State did not assert jurisdiction. Mother appealed the jurisdiction and disposition orders. The appellate court rejected the argument and affirmed the orders. The Uniform Child Custody Jurisdiction and Enforcement Act has four ways for a state to gain jurisdiction: (1) home state jurisdiction, (2) significant connections jurisdiction, (3) all courts having jurisdiction under the first two grounds have declined to exercise jurisdiction, and (4) no court of any state would have jurisdiction under the first three grounds. Significant connections jurisdiction applies where no state has home state jurisdiction, or if the home state declines to exercise jurisdiction, and the child and at least one parent has a significant connection with the state, and substantial evidence is available in the target state “concerning the child’s care, protection, training, and personal relationships.” (Fam. Code, § 3421, subd. (a)(1).) The court here had significant connections jurisdiction because in the year preceding the proceedings, Mother and Ari had lived in various parts of California and intended to keep traveling there, Mother owned land in California, there were several referrals about the family within California, and Ari had an older sibling who lived in California. This constitutes substantial evidence of significant connections to the state.