In re SABRINA H. Part I
Placement of dependent children in a foreign country is not precluded as a matter of law. Pending detention hearing, court was authorized under Welfare and Institutions Code Sec. 309(d)(3) to temporarily detain children with relative in Mexico before conducting formal criminal background checks on relative and live in companion where social services agency alleged children were at substantial risk of harm because they were periodically exposed to domestic violence in the home and because their parents used alcoholic beverages to excess, relative in Mexico came forward and offered his home for the placement, agency's Mexican counterpart gave favorable evaluation of relative's home, and relative and companion denied having a criminal history. Court erred in permanently placing children in Mexican relative's home without conducting criminal background checks required by Sec. 361.4 or comparable criminal record checks used in Mexico. Agency's failure to give mother statutory notice of its plans to detain children in Mexico did not deprive court of jurisdiction to grant detention order where the order was temporary, mother did not request a continuance, and court did not deny her a contested hearing regarding agency's jurisdictional/dispositional recommendations. Court did not abuse its discretion in placing children in Mexico where all the children were willing to be placed with Mexican relative; Mexican agency evaluated relative's home and determined that he and companion could properly care for the children; and relative and companion were both retired, were healthy, had adequate income to provide for children, and had a house large enough to accommodate them.
Comments on In re SABRINA H. Part I