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Name: In re Albert G.
Case #: B162016
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 11/07/2003
Subsequent History: None
Summary

Appellant was the maternal aunt of Albert G., who was placed into her custody following allegations that the biological parents had abused the minor’s stepbrothers. All three boys were placed with appellant, and reports were initially favorable. Parental rights were terminated as to Albert. The Department recommended adoption by appellant, but the adoption was delayed by appellant’s divorce and financial concerns. DCFS removed the children and placed them in foster care. The stepbrothers were returned to Hawaii, where they had been living at the time of the original petition, and Albert was placed with his paternal grandparents, who became his legal guardians. DCFS recommended against reunification with appellant. Appellant filed unsuccessful 388 petitions and applications for de facto parent status. Appellant went to Hawaii and successfully completed adoption proceedings of the stepbrothers. Albert was adopted by his paternal grandparents, and dependency jurisdiction terminated. Appellant’s last unsuccessful 388 petition was filed two weeks after Albert’s adoption. In this appeal, she challenged the removal of Albert from her care and the trial court’s denial of her final 388 petition. Respondent moved to dismiss the appeal on the ground that the appeal was moot and no relief could be granted. The appellate court here granted the motion to dismiss. Albert had already been adopted at the time of the filing of the petition. The trial court had no authority to grant appellant’s 388 petition and return Albert to appellant, so there was no possibility of effective relief on appeal.