In re C.M.
CourtCalifornia Court of Appeal
Date FiledOctober 22, 2026
DocketC105277
StatusPublished
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Full Opinion
Filed 10/22/26
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Glenn & Tehama)
In re C.M., a Person Coming Under the Juvenile Court C105277
Law.
(Glenn County Super. Ct. No.
COUNTY OF MARIPOSA, 23JQ00777)
Appellant,
v.
COUNTY OF GLENN,
Respondent.
In re C.M., a Person Coming Under the Juvenile Court C105322
Law.
(Tehama County Super. Ct.
COUNTY OF MARIPOSA, No. 25JU000119)
Appellant,
v.
COUNTY OF TEHAMA,
Respondent.
APPEAL from judgments of the Superior Courts of Glenn and Tehama Counties,
Alicia R. Ekland, Judge (Glenn) and Matthew C. McGlynn, Judge (Tehama). Reversed.
Renne Public Law Group, Daniel C. Cederborg and Rubin E. Cruse Jr., for
Appellant.
Prentice Long, Margaret E. Long and Christopher D. Roske for Respondents.
1
These consolidated appeals concern intercounty transfers of juvenile delinquency
cases pursuant to Welfare and Institutions Code section 750.1 Respondents Tehama
County and Glenn County filed a juvenile wardship petition and notice of probation
violation against C.M., then age 17, in the juvenile courts of Tehama and Glenn Counties
in August 2025. (§§ 602, subd. (a), 777.) The petition and notice were sustained in part
in October 2025, and both juvenile courts granted motions to transfer the cases to the
juvenile court for Mariposa County based on evidence that one or both of C.M.’s parents
resided there. By then, C.M. was 18 years old.
Appellant Mariposa County appeals from both transfer-out orders, arguing the
Tehama County and Glenn County Superior Courts erred in determining that Mariposa
County was C.M.’s county of residence for purposes of section 750. Mariposa County
also argues the Tehama County and Glenn County Superior Courts failed to consider
whether the transfers were in C.M.’s best interest, as ostensibly required by California
Rules of Court, rule 5.610(e).2 We agree with the first of these arguments and reverse the
transfer-out orders.
I. BACKGROUND
C.M. was born in September 2007. He has a long history of juvenile delinquency,
the details of which need not be recounted here. On January 8, 2024, C.M. was declared
a ward of the Glenn County Superior Court and committed to a secure youth treatment
facility in Tehama County. (§ 602.) He was later placed in a less restrictive facility,
from which he absconded in April 2025.
While out of custody, C.M. participated in a residential burglary in June 2025,
which included an assault with a deadly weapon (a firearm). He was apprehended and
1 Undesignated statutory references are to the Welfare and Institutions Code.
2 Undesignated references to rules are to the California Rules of Court.
2
placed in the temporary custody of the Tehama County Probation Department in August
2025.
A. Tehama County Superior Court Proceedings and Transfer Out to Mariposa
County Superior Court (C105322)
The district attorney for Tehama County filed a juvenile wardship petition against
C.M. on August 13, 2025. (§ 602, subd. (a).) The petition charged C.M. with attempted
murder and burglary with special allegations for using a firearm and causing great bodily
injury. The petition indicated that C.M.’s residence was in Orland, and his parents
resided in Catheys Valley. We take judicial notice on our own motion of the fact that
Orland is a city in Glenn County, and Catheys Valley is a census-designated place in
Mariposa County. (U.S. Geological Survey, Geographic Names Information System,
Summary Report for Orland <https://edits.nationalmap.gov/apps/gaz-
domestic/public/search/names/1659315> [as of Oct. 19, 2026], archived at
<https://perma.cc/ZRG8-3CSD>, and id., Summary Report for Catheys Valley
<https://edits.nationalmap.gov/apps/gaz-domestic/public/search/names/2582968> [as of
Oct. 19, 2026], archived at <https://perma.cc/JTV6-RPNS>.)3
The Tehama County Superior Court conducted a jurisdiction hearing on the
morning of October 14, 2025. The Tehama County Superior Court dismissed the
attempted murder and burglary charges, as well as the related special allegations. C.M.,
who was present in custody, admitted one count of assault with force likely to produce
great bodily injury. The Tehama County Superior Court accepted the admission and
sustained the petition. The Tehama County Superior Court also found that C.M. “resides
in Mariposa County.”
On the afternoon of October 14, 2025 (after the jurisdiction hearing described
above), the district attorney for Tehama County filed a Judicial Council form JV-548
3 We also grant the parties’ unopposed requests for judicial notice in both cases.
3
motion to transfer the case against C.M. to the Mariposa County Superior Court pursuant
to section 750. The motion asserted the proposed transfer was in C.M.’s best interests
because: “The minor’s parents reside in Mariposa County at [street address], Cathy’s
Valley [sic], CA[,] 95306. Due to the juvenile jurisdiction of this case, the minor’s case
must be transferred to the county of parental residence for disposition.”
The Tehama County Superior Court granted the motion to transfer out by Judicial
Council form JV-550 order, on October 15, 2025. The Tehama Superior Court
determined C.M.’s legal residence was the same as his father, who resides in Catheys
Valley and “has the legal right to physical custody” of C.M. Accordingly, the Tehama
County Superior Court ordered the matter transferred to the Mariposa County Superior
Court for disposition. The Mariposa County Superior Court accepted the transfer and
Mariposa County timely appealed the transfer-out order.
B. Glenn County Superior Court Proceedings and Transfer Out to Mariposa County
Superior Court (C105277)
The Glenn County Probation Department initiated violation of probation
proceedings against C.M. on or about August 13, 2025. (§ 777.) We have not been
provided with a copy of the notice of probation violation; however, the Glenn County
Probation Department’s contemporaneous detention report lists C.M.’s residence as the
Tehama County Juvenile Hall, and the residence of C.M.’s parents as “transient.”
On October 22, 2025, the Glenn County Probation Department filed a Judicial
Council form JV-548 motion for transfer out to Mariposa County Superior Court
pursuant to section 750. The motion asserted C.M.’s parents now lived in Catheys Valley
and the proposed transfer was in C.M’s best interest because: “The minor’s [sic] parents
have moved to Mariposa County.”4
4 By the time of the motion, C.M. was no longer a minor.
4
On October 27, 2025, the Glenn County Superior Court held a hearing on the
probation violation and transfer-out motion. C.M. admitted the violation of probation.
The Glenn County Superior Court accepted the admission and found: “Minor’s residence
is in Mariposa County.” The Glenn County Superior Court granted the motion to transfer
out by Judicial Council form order that same day. The order recites that C.M.’s legal
residence was with both parents, who reside in Catheys Valley and have “the legal right
to physical custody” of C.M. Accordingly, the Glenn County Superior Court ordered the
matter transferred to Mariposa County Superior Court for disposition. The Mariposa
County Superior Court accepted the transfer and Mariposa County timely appealed the
transfer-out order.
II. DISCUSSION
Mariposa County challenges both the Tehama County and Glenn County Superior
Courts’ transfer-out orders. Mariposa County argues the Tehama County and Glenn
County Superior Courts failed to consider C.M.’s best interests in making the orders.
Mariposa County also argues the Tehama County and Glenn County Superior Courts
erred in determining that Mariposa County was C.M.’s county of residence. We will take
these arguments in reverse order.
A. Applicable Legal Principles and Standard of Review
“Section 750 specifies the circumstances under which the juvenile court of one
county is permitted to transfer a juvenile wardship proceeding to another county.” (In re
Judson W. (1986) 185 Cal.App.3d 838, 843.) Section 750 provides: “Whenever a
petition is filed in the juvenile court of a county other than the residence of the person
named in the petition, or whenever, subsequent to the filing of a petition in the juvenile
court of the county where such minor resides, the residence of the person who would be
legally entitled to the custody of such minor were it not for the existence of a court order
issued pursuant to this chapter is changed to another county, the entire case may be
transferred to the juvenile court of the county wherein such person then resides at any
5
time after the court has made a finding of the facts upon which it has exercised its
jurisdiction over such minor, and the juvenile court of the county wherein such person
then resides shall take jurisdiction of the case upon the receipt and filing with it of such
finding of the facts and an order transferring the case.”
Rule 5.610 implements section 750 and sets forth procedures for determining a
child’s county of residence, conducting the transfer-out hearing, and effectuating the
transfer. (See rule 5.610(a)-(i).) Rule 5.610(a) establishes a “special rule” for
determining the child’s residence for purposes of intercounty transfers in delinquency and
dependency proceedings. (See generally § 375 [establishing procedures for transferring
dependency cases].)5 Specifically, rule 5.610(a)(1) provides: “[T]he residence of the
child is the residence of the person who has the legal right to physical custody of the
child according to prior court order,” such as custody orders (§ 361.2) or orders
appointing guardians. Rule 5.610(a)(2) further provides: “If there is no order
determining custody, both parents are deemed to have physical custody.” However,
“residency is simply one factor determining whether to transfer the case for disposition.”
(In re Carlos B. (1999) 76 Cal.App.4th 50, 55.) Rule 5.610(e)(2) provides: “After the
court determines the identity and residence of the child’s custodian, the court must
consider whether transfer of the case would be in the child’s best interest. The court may
not transfer the case unless it determines that the transfer will protect or further the
child’s best interest.” (See In re R.D. (2008) 163 Cal.App.4th 679, 687 [“At a transfer-
out hearing, the transferring court is required to make findings not only as to the child’s
residence, but also whether the transfer is in the child’s best interests”].)
We review transfer orders for abuse of discretion. (Maribel M. v. Superior Court
(1998) 61 Cal.App.4th 1469, 1478; In re Stephanie M. (1994) 7 Cal.4th 295, 321.) We
5 Section 750 (delinquency) and section 375, subdivision (a) (dependency) are identical.
6
will uphold such orders so long as they are supported by substantial evidence and do not
exceed the bounds of reason. (See In re Jon N. (1986) 179 Cal.App.3d 156, 158, fn. 1; In
re Stephanie M., supra, at pp. 318-319.) However, we independently review the juvenile
court’s statutory interpretations and legal conclusions. (In re R.D., supra, 163
Cal.App.4th at p. 684.)
B. Interpretation of Section 750
Mariposa County argues the Tehama County and Glenn County Superior Courts
erred in determining that Mariposa County was C.M.’s county of residence for purposes
of section 750. Mariposa County emphasizes that section 750 authorizes intercounty
transfers where “the residence of the person who would be legally entitled to the custody
of such minor … is changed to another county,” but C.M. was not a minor at the time of
the transfer-out hearings, and thus neither parent could have been legally entitled to
custody of him. That being so, Mariposa County argues the Tehama County and Glenn
County Superior Courts were wrong to suppose that C.M.’s county of residence could be
properly derived from that of his parents. We agree.6
6 We note, however, that section 750 ties the transfer request to the filing of a petition.
(§ 750.) Probation violation proceedings under section 777 were initiated with the filing
of a supplemental petition when section 750 was enacted and last amended. (Stats. 1961,
ch. 1616, § 2, p. 3490, amended by Stats. 1968, ch. 1082, § 1, p. 2087 and Stats. 1971,
ch. 606, § 1, p. 1210; see also In re Eddie M. (2003) 31 Cal.4th 480, 489 [“Between
section 777’s enactment in 1961, and Proposition 21’s approval in 2000, the statute
contemplated a ‘supplemental petition’ alleging that the prior disposition was not
‘effective’ in reforming or protecting the section 602 ward or probationer”].) That
procedure changed with the passage of Proposition 21. “When the voters enacted
Proposition 21 in 2000, they replaced the supplemental petition procedure formerly used
under section 777 with a notice provision. [Citation.] Thus, a probation violation
procedure is initiated under section 777 by the filing of a notice, not a petition.” (In re
Greg F. (2012) 55 Cal.4th 393, 405.) The parties appear to assume section 750 continues
to apply to probation violation proceedings, notwithstanding Proposition 21’s change in
procedure and terminology. We will accept that assumption for the sake of argument.
7
Section 750 consists of two independent clauses, separated by the disjunctive “or.”
The first clause authorizes the transfer of a delinquency case where the petition is filed in
a county other than that in which “the person named in the petition” resides. (Ibid.) The
second clause authorizes the transfer where, subsequent to the filing of the petition, the
residence of the person “legally entitled to the custody of such minor” is changed to
another county. (Ibid.; see In re Ramona S. (1976) 64 Cal.App.3d 945, 950 (Ramona
S.).)7
Nothing in the record suggests C.M. resided in Mariposa County at the time the
petition and notice were filed, and neither Tehama County nor Glenn County appears to
argue as much. They instead point to the county of residence of C.M.’s parents, noting
one or both moved to Mariposa County between August and September 2025. We can
therefore assume that Tehama County and Glenn County rely on section 750’s second
independent clause, which authorizes a transfer “whenever, subsequent to the filing of a
petition in the juvenile court of the county where such minor resides, the residence of the
person who would be legally entitled to the custody of such minor … is changed to
another county.” To decide whether C.M.’s cases could be properly transferred to
Mariposa County under the second independent clause, we must determine whether C.M.
was a “minor,” such that one or both parents would have been legally entitled to custody
in Mariposa County but for the existence of another court order.
Rule 5.610 offers only limited guidance. Again, rule 5.610(a)(1)-(2) instructs that,
for purposes of an intercounty transfer, “the residence of the child is the residence of the
person who has the legal right to physical custody of the child according to prior court
7 Ramona S. describes the first circumstance as “where the petition is filed in a county
other than that in which the minor resides.” (Ramona S., supra, 64 Cal.App.3d at p. 950,
italics added.) However, section 750 uses the word “person” to describe the first
circumstance, and “minor” to describe the second. This difference will become important
later.
8
order” or both parents, in the absence of any such order. Rule 5.610(a) thus essentially
brings us back to where we started, facing the question whether C.M. was a “child” (or
“minor”) over whom one or both parents had “the legal right to physical custody” (or
were “legally entitled to custody”).
The Welfare and Institutions Code does not define the terms “minor” or
“custody.” (See In re Austin P. (2004) 118 Cal.App.4th 1124, 1130 (Austin P.).) Other
courts have looked to the Family Code to interpret terms and phrases in the Welfare and
Institutions Code. (See, e.g., In re Jeffrey M. (2006) 141 Cal.App.4th 1017, 1022 (Jeffrey
M.) [relying on Family Code’s definition of “minor” to interpret § 730.7, which imposes
joint and several parental liability for restitution orders in delinquency cases]; see also
Austin P., supra, at p. 1130 [“In determining what the Legislature meant in [§ 361.2,
subd. (a)] by ‘custody,’ ‘placement,’ and ‘place,’ we look to the Welfare and Institutions
Code, the Family Code, the California Code of Regulations, and Black’s Law
Dictionary”].) “The Family Code defines ‘minor’ as traditionally understood, anyone
under the age of 18.” (Jeffrey M., supra, at p. 1022, citing Fam. Code, § 6500 [defining
minor as “an individual who is under 18 years of age”].)
“The Family Code does not define ‘custody,’ but does define joint custody, joint
legal custody, joint physical custody, sole legal custody, and sole physical custody.
(Fam. Code, §§ 3002, 3003, 3004, 3006, 3007.) Each definition describes the right of a
parent to have physical possession of and/or the right to make decisions about the child.
Implicit in the definitions is that the parent has the right to exclude all others when
making decisions pertaining to his or her child. Similarly, the California Code of
Regulations states that a custody determination means ‘a judgment, decree or order of a
court providing for the custody of a child.’ (Cal. Code Regs., tit. 22, § 110184.) Black’s
Law Dictionary (7th ed. 1999) page 390, column 1 defines custody as ‘2. The care,
control, and maintenance of a child awarded by a court’ and states ‘custody’ is also a
synonym for ‘legal custody.’ Custody, therefore, connotes that the parent has the right to
9
make decisions pertaining to the child, and has legal possession of the child.” (Austin P.,
supra, 118 Cal.App.4th at p. 1130; see also Black’s Law Dict. (12th ed. 2024) p. 1384,
col. 2 [defining “physical custody” to mean “[t]he right to have a child live with the
person awarded custody by the court”] and Random House Unabridged Dict. (2d ed.
1993) p. 494, col. 1 [defining “custody” as “the right of determining the residence,
protection, care, and education of a minor child or children”].)
A common thread running through these definitions is the shifting relationship
between parent and child. While parents have legally protected interests in retaining
custody of their children under the age of 18, those interests are “eliminated entirely”
when such children reach the age of majority. (In re J.C. (2014) 222 Cal.App.4th 1489,
1493; cf. In re K.L. (2012) 210 Cal.App.4th 632, 640 [dependency statutes “[do] not
allow a parent to reunify with a dependent child who has turned 18 because a parent
cannot have physical custody of an adult”]; see Edwards v. Edwards (2008) 162
Cal.App.4th 136, 143 [An adult “is not in the custody of either parent”]; In re Marriage
of Jensen (2003) 114 Cal.App.4th 587, 594 [“Visitation is a form of custody … and thus
… the court had no authority to issue a visitation order regarding [the child] after he
reached the age of majority”].) Thus, C.M.’s parents could have been legally entitled to
custody of C.M. at the time of the offenses and petition and notice (in June and August
2025), but not at the time of the hearings on the motions to transfer out (in October
2025).
That brings us to the central question before us: What are the operative dates for
determining whether C.M. was a minor for purposes of section 750, such that his county
of residence could be determined by that of his parents? (Cf. Jeffrey M., supra, 141
Cal.App.4th at p. 1022 [“The issue in this case becomes … at what time must the person
in question be a ‘minor’ for purposes of section 730.7—at the time of the offense, the
date of the dispositional hearing, the date of the restitution order or some other time?”].)
10
“Section 602 sets the time for determining whether a person falls within the
jurisdiction of the juvenile delinquency law as one who is under the age of 18 at the time
he or she violates the law of the state.” (Jeffrey M., supra, 141 Cal.App.4th at p. 1022.)
C.M. was undisputedly a minor for jurisdictional purposes under section 602, but that
does not mean he was a minor for purposes of determining whether the cases against him
could be properly transferred to his parents’ county of residence under section 750.
(Compare In re Jesse V. (1989) 214 Cal.App.3d 1619, 1622-1623 (Jesse V.) [construing
the term “minor” “in the traditional sense, i.e., a person under 18 years of age” for
purposes of §§ 902 and 903, which authorize counties to seek reimbursement from
parents for costs expended for support and maintenance of wards placed outside the
home] with Jeffrey M., supra, at pp. 1023-1025 [construing the term “minor” to mean any
person under the age of 18 at the time of the offense for purposes of imposing joint and
several parental liability for restitution orders entered in delinquency proceedings under
§ 730.7, while recognizing the same definition would be “ludicrous” in the context of
other provisions, such as §§ 633 and 634, which address the right to counsel in
delinquency proceedings].) No case appears to have addressed this question in the
context of section 750, which raises an issue of statutory interpretation.
“The objective of statutory interpretation is to ascertain and effectuate legislative
intent. To accomplish that objective, courts must look first to the words of the statute,
giving effect to their plain meaning.” (In re Jerry R. (1994) 29 Cal.App.4th 1432, 1437.)
However, “the words must be construed in context, and provisions relating to the same
subject matter must be harmonized to the extent possible.” (Lungren v. Deukmejian
(1988) 45 Cal.3d 727, 735.) This is sometimes easier said than done.
The Welfare and Institutions Code “uses various words throughout to describe
persons subject to delinquency jurisdiction and the orders of the juvenile court. ‘Ward,’
‘dependent child,’ ‘person,’ and ‘minor’ are all used, alone and in combination.” (Jeffrey
M., supra, 141 Cal.App.4th at p. 1022.) Section 750 uses the term “person” in the first
11
independent clause, and “minor” in the second. (§ 750 [“Whenever a petition is filed in
the juvenile court of a county other than the residence of the person named in the
petition, or whenever, subsequent to the filing of a petition in the juvenile court of the
county where such minor resides, the residence of the person who would be legally
entitled to the custody of such minor … is changed to another county”], italics added.)
Despite their overlap, we assume the Legislature made a deliberate choice to use different
terms to describe the scenarios in which intercounty transfers may be made. (County of
Alameda v. Workers’ Comp. Appeals Bd. (2013) 213 Cal.App.4th 278, 284-285 [“We
must assume … that the Legislature’s choice of words was not an idle act”].) Doing so
leads to the conclusion that the transferor court’s choice of transferee county depends on
the age of majority status of the individual named in the petition. Thus, an intercounty
transfer may either occur where the petition is filed in one county and “the person named
in the petition,” whether or not a minor, resides in another, or where the petition is filed
“in the juvenile court of the county where such minor resides,” and “the residence of the
person who would be legally entitled to the custody of such minor” subsequently
changes.8 (§ 750.) That the statute distinguishes between “persons” and “minors” in this
way indicates the relevant time for determining age of majority status is something other
than the time of the offense, since all persons under the age of 18 are “minors” for
purposes of juvenile delinquency jurisdiction under section 602. (Jeffrey M., supra, at
pp. 1024-1025.)
Tehama County and Glenn County argue the operative time for determining
C.M.’s age of majority status for purposes of section 750 was August 2025, when the
petition and notice were filed. That argument is only half right. Again, section 750’s
first independent clause authorizes an intercounty transfer “[w]henever a petition is filed
8 Again, Tehama County and Glenn County rely on the second scenario.
12
in the juvenile court of a county other than the residence of the person named in the
petition.” All minors are persons, so a “person” on the date of the petition will still be a
“person” on the date of the transfer-out hearing. But the converse is not necessarily true.
Not all persons are minors, and a minor at the time of the petition may reach the age of
majority by the time of the transfer-out hearing, as happened here. In that circumstance,
it makes sense to push the age of majority determination to a later date, after the filing of
the petition. The statute’s second independent clause does exactly that.
Section 750’s second independent clause expressly becomes operative
“subsequent to the filing of a petition in the juvenile court of the county where such
minor resides.” (§ 750, italics added.) Section 750 thus requires that age of majority
status be determined after the petition has been filed. Other aspects of section 750
support this conclusion. Again, the second independent clause authorizes an intercounty
transfer “whenever … the residence of the person who would be legally entitled to the
custody of such minor … is changed to another county.” (§ 750.)9 When that condition
has been met, “the entire case may be transferred to the juvenile court of the county
wherein such person then resides at any time after the court has made a finding of the
facts upon which it has exercised its jurisdiction over such minor, and the juvenile court
of the county wherein such person then resides shall take jurisdiction of the case.” (Ibid.)
As relevant here, the statute twice speaks in terms of “the county wherein such person
then resides,” indicating the relevant circumstances are those existing at the time of the
contemplated transfer out, rather than the time of the petition. (Ibid., italics added.)
“Moreover, section 750 does not allow for transfer until ‘after the court has made a
9 This language suggests the delinquency case could not have been transferred to
Mariposa County, even assuming C.M. was a minor at the relevant time, because C.M.’s
parents were alleged to have been residents of Mariposa County at the time the section
602 petition was filed, rather than subsequent to the filing of the petition.
13
finding of the facts upon which it has exercised its jurisdiction over such minor. ’ ”
(Steven R. v. Superior Court (2015) 241 Cal.App.4th 812, 820.) This would ordinarily
occur at the time of the jurisdiction hearing, not the time of the petition. (Ibid. [“In order
to exercise jurisdiction over the minor, the juvenile court must conclude that a crime has
been committed”].) Here, for example, the delinquency petition in Tehama County was
filed on August 13, 2025, the Tehama County Superior Court made jurisdiction findings
on October 14, 2025, and the transfer out to Mariposa County Superior Court was
ordered the next day. It would make little sense to set the time for determining C.M.’s
county of residence as the time of the petition in August, wait two months until
jurisdiction findings could be made, and then rely on stale information in deciding
whether to transfer the case in October.
Rule 5.610 also supports our conclusion. As previously discussed, rule 5.610
establishes procedures for determining and verifying a child’s county of residence,
conducting the transfer-out hearing, and effectuating the transfer. (See rule 5.610(a)-(i).)
Rule 5.610(e)(2), entitled “Conduct of hearing,” provides: “After the court determines
the identity and residence of the child’s custodian, the court must consider whether
transfer of the case would be in the child’s best interest. The court may not transfer the
case unless it determines that the transfer will protect or further the child’s best interest.”
The title and text of rule 5.610(e) and (e)(2) suggest these inquiries should be made
sequentially, at a single hearing. Here again, it would make little sense to determine the
residence of the child’s custodian from months-old information and then determine
whether the contemplated transfer would be in the child’s best interest. Common sense
14
dictates that the best interest inquiry should be based on conditions at the time of the
transfer-out hearing, rather than conditions that may have existed at some earlier time.10
Tehama County and Glenn County argue “section 750 is silent as to designating
the county of residence of a youth who reaches the age of eighteen to be the county in
which jurisdiction over the youth is commenced.” We disagree. Again, section 750
contains two independent clauses, describing two scenarios in which intercounty transfers
may be appropriate. We have up to now concentrated on the second scenario, on which
the Tehama County and Glenn County Superior Courts appear to have relied. We now
take another look at the first scenario.
Because C.M. was no longer a minor at the time of the transfer-out hearing, we
focus our analysis on the statute’s first independent clause, which can be streamlined to
read: “Whenever a petition is filed in the juvenile court of a county other than the
residence of the person named in the petition, … the entire case may be transferred to the
juvenile court of the county wherein such person then resides.” (§ 750.) The Tehama
County and Glenn County Superior Courts should have applied this clause to determine
C.M.’s county of residence for purposes of the motions to transfer out.11 Had they done
so, the motions could not have been granted.
10 We also note that rule 5.610 speaks in terms of the child’s residence and the child’s
best interest, suggesting both inquiries are addressed to minors, rather than persons over
the age of 18. (See, e.g., rule 5.610(a)(1), (c)-(e), (i).) We will say more about this in a
moment.
11 Tehama County and Glenn County invite us to apply section 17.1 to determine C.M.’s
county of residence. We decline to do so. Section 17.1 establishes rules for determining
the residences of minors and nonminor dependents. Generally speaking, “nonminor
dependents” are persons who have reached the age of majority over whom the juvenile
court maintains dependency jurisdiction. (In re Shannon M. (2013) 221 Cal.App.4th 282,
285, fn. 2.) That is not the situation here.
15
In the delinquency case, the petition was filed in Tehama County Superior Court
and alleged that C.M.’s county of residence was Glenn County. Applying section 750 as
interpreted above, we conclude “the entire case” could have been transferred to Glenn
County Superior Court after jurisdiction findings were made, but there was no statutory
basis for transferring the case to Mariposa County Superior Court. Nothing in the record
suggests C.M. was a resident of Mariposa County at the time the petition was filed, and
nothing suggests his parents in Mariposa County would have been legally entitled to
custody of him at the time of the transfer-out hearing or any other relevant time. That
being so, we conclude the Tehama County Superior Court erred in granting the motion to
transfer the case to Mariposa County Superior Court.
We reach a similar conclusion with respect to the probation violation case. As
mentioned, our record does not include a copy of the notice. However, the record
elsewhere indicates that C.M. was detained in Tehama County Juvenile Hall at the time
of the notice, and C.M.’s parents had no fixed address. As before, nothing suggests C.M.
was a resident of Mariposa County at the time of the notice, and nothing suggests he
would have been subject to parental custody in Mariposa County at any relevant time
thereafter. We therefore conclude the order granting the motion to transfer the probation
violation case from Glenn County Superior Court to Mariposa County Superior Court
was also error.
C. Best Interest Inquiry
Mariposa County also argues the Tehama County and Glenn County Superior
Courts failed to consider C.M.’s best interests in ordering the cases transferred to the
Mariposa County Superior Court. Mariposa County may be right, but we do not think it
matters in the circumstances of this case.
Again, rule 5.610(e)(2) provides: “After the court determines the identity and
residence of the child’s custodian, the court must consider whether transfer of the case
would be in the child’s best interest. The court may not transfer the case unless it
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determines that the transfer will protect or further the child’s best interest.” The record
does not show either the Tehama County or Glenn County Superior Courts considered
C.M.’s best interests in transferring the cases to Mariposa County Superior Court. (Rule
5.610(e)(2).) That said, we question whether the best interest inquiry was required given
our conclusion that C.M. was not “a minor” for purposes of section 750. If C.M. was not
“a minor” for purposes of section 750, he can hardly have been “a child” for purposes of
rule 5.610. Regardless, rule 5.610(e)(2) requires that the transferor court first determine
the identity and residence of the child’s custodian (if any) and then consider the child’s
best interests.
We have concluded the Tehama County and Glenn County Superior Courts went
wrong at the first step of the analysis, by failing to properly determine C.M.’s county of
residence. That conclusion requires reversal. (See Ramona S., supra, 64 Cal.App.3d at
p. 952 [“Of course, it is proper for the juvenile court of one county to ‘place’ a minor
ward of the court in another county when such placement is found to be in the best
interest of the minor. [Citation.] But it is patently contrary to sound policy and the
relevant statutes to permit one county to shift the administrative and financial burden of a
juvenile court wardship to another county”].) In light of our disposition, we find it
unnecessary to decide whether the Tehama County and Glenn County Superior Courts
failed a mandatory duty to consider whether the proposed transfers served C.M.’s best
interest.
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III. DISPOSITION
The transfer orders are reversed.
/S/
RENNER, Acting P. J.
We concur:
/S/
KRAUSE, J.
/S/
FEINBERG, J.
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