Bridgeman v. County of Contra Costa

Background

Stephanie Lee Bridgeman, proceeding without a lawyer, filed a petition under 28 U.S.C. § 2254, the federal law authorizing certain challenges to state custody. She sought custody of her minor child, identified as TSB, who had been removed from the home of the child’s grandmother in November 2018 and apparently placed with a foster parent. Bridgeman alleged that the foster parent was unfit and that the assigned social worker raised his voice and lacked patience.

Court’s analysis

The court first addressed exhaustion. Exhaustion generally requires a person seeking federal review of state custody to give the highest available state court a fair opportunity to decide each claim. The court stated that Bridgeman’s petition did not appear to have been exhausted.

The court then held that, even if the claims had been exhausted, it lacked jurisdiction. Citing Lehman v. Lycoming County Children’s Services, the court explained that federal custody proceedings are not available to challenge parental rights or child-custody decisions. The court also stated that children placed in foster homes are not in the state’s custody for purposes of § 2254, and that custody by foster or adoptive parents is not the type of custody traditionally challenged through federal proceedings.

The court further relied on the principle that domestic-relations matters, including child custody, are generally matters for state courts. It concluded that the reasoning in Lehman applied and that federal jurisdiction was lacking.

Disposition

The order dismissed the petition for lack of jurisdiction and gave Bridgeman permission to try to amend it consistently with the order. Any amended petition had to be filed by March 30, 2020. The court stated that failing to file an amended petition by that date might result in dismissal of the action. It also advised Bridgeman to follow county or state procedures to pursue custody. Judge James Donato ordered the dismissal on February 28, 2020.