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Name: In re A.S.
Case #: E045331
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 06/19/2009

Where a dependency action was terminated, the juvenile court had no jurisdiction to set aside previous orders following 388 petition. In 2002, the father stipulated to termination of dependency jurisdiction after the filing of a family law order giving legal and physical custody to the mother and visitation to him. Later, he unsuccessfully sought to rescind the agreement. In 2008, six years after termination of dependency jurisdiction, the father filed a section 388 petition asking the juvenile court to set aside its original jurisdiction findings. The juvenile court denied the petition, finding that it lacked authority to grant relief and had no jurisdiction since dependency had been terminated. The appellate court agreed and dismissed the father’s appeal. Because the dependency proceeding was terminated, the juvenile court no longer had jurisdiction, and no further action could be taken.