Skip to content
Name: In re Athena P.
Case #: E031213
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 11/07/2002
Subsequent History: None

Appellant gave birth to the minor while incarcerated. She sent the minor to live with her grandparents, but never filed formal guardianship papers. A petition was filed under section 300(g) because mother was incarcerated and therefore unable to provide support; and also under 300(j) because mother had neglected the siblings, who were living with the grandparents because she was incarcerated. The minor was detained, but “placed” with the grandparents. Reunification was bypassed, and the case proceeded to a 366.26 hearing. Appellant was not advised of the 39.1B writ petition requirements. Here, the appellate court held that appellant could raise the jurisdictional and dispositional issues in this appeal because she had not been given proper writ advisements, and therefore this was the first opportunity to challenge the earlier orders. However, the appellate court found that there had been sufficient evidence to sustain the petition. Although appellant placed the minor with the grandparents, she did not do what she needed to do to make the grandparents guardians of the minor. The grandparents could not enroll her in school or seek medical help for her without the Department’s involvement. Therefore, there was sufficient evidence to support the 300(g) finding. (Distinguishing In re S.D. (2002) 99 Cal.App.4th 1068.)