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Name: In re Adam D.
Case #: B219898
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 03/30/2010

An appeal from an informal supervision order was not moot. Parents appealed an order for informal supervision entered under Welfare and Institutions Code section 360, subdivision (b), contending that there was insufficient evidence to support the finding that the child was neglected. The department contended that the juvenile court’s “dismissal” of the case under section 360, subdivision (b) deprived the appellate court of jurisdiction to consider the issue raised on appeal. The appellate court held that it was appropriate to address the merits of the appeal, but that sufficient evidence supported the order. The order for informal supervision was tantamount to a disposition which is an appealable order. There was sufficient evidence of neglect because the minor was diagnosed with failure to thrive when she was detained. The fact that she recovered the same day she was detained and was thriving at the time of adjudication did not alter the fact that she was seriously underweight at the time of detention, and that the parents refused to acknowledge her medical condition. The informal supervision orders were not a miscarriage of justice.