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Name: In re B.P. et al.
Case #: B303804
Opinion Date: 06/02/2020
Court: CA Court of Appeal
District 2 DCA
Division: 8
Citation: 49 Cal.App.5th 886
Summary

Mother’s appeal from a detention order based on a subsequent dependency petition filed pursuant to Welfare and Institutions Code section 342 was dismissed because it was an interlocutory order and therefore not appealable. Following an initial dependency petition in February 2019, the court sustained jurisdiction. The minors were not detained from mother. In September 2019, DCFS filed a supplemental petition alleging that the prior disposition was ineffective. DCFS requested detention of the minors but the court denied the request. In November 2019, mother started showing signs of domestic violence and drug abuse, and the juvenile court issued a warrant to detain the minors. DCFS filed a subsequent petition pursuant to section 342, alleging the domestic violence. The court ordered the minors detained and set a jurisdiction hearing for July 2020. Mother filed a notice of appeal from the detention order. The appellate court dismissed the appeal, finding the order not appealable. Orders issued before the dispositional orders on a section 342 petition are interlocutory and not appealable. (See In re Javier G. (2005) 130 Cal.App.4th 1195, 1199.)

The full opinion is available on the court’s website here: https://www.courts.ca.gov/opinions/documents/B303804.PDF