In re Nicholas B. v. Bill B.

88 Cal. App. 4th 1126, 106 Cal. Rptr. 2d 465 (2001)

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In re Nicholas B. v. Bill B.

California Court of Appeal
88 Cal. App. 4th 1126, 106 Cal. Rptr. 2d 465 (2001)

Facts

Kimberly and Bill B. (defendants) adopted Nicholas B. when he was six years old. In September 1998, when Nicholas was 13 years old, Kimberly struck Nicholas in the face. The incident was reported to the state (plaintiff), and the ensuing investigation resulted in Kimberly and Bill’s agreement to place Nicholas with a foster family with the goal of reunification. Kimberly and Bill began participating in the state’s reunification plan while Nicholas lived with a foster family. In March 1999, the state filed a petition for the court to find that Nicholas was a dependent child, alleging, among other things, that in an isolated incident in September 1998, Kimberly seriously injured Nicholas when she hit him in the face. The state did not allege that Kimberly was likely to abuse Nicholas again. Though Kimberly and Bill objected on the grounds of lack of jurisdiction, the court heard the matter. The court found that Nicholas could not safely return to the custody of Kimberly and Bill and ordered Nicholas to remain with the foster family. Kimberly and Bill appealed, arguing that the court lacked jurisdiction to hear the matter.

Rule of Law

Issue

Holding and Reasoning (Wunderlich, J.)

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