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Name: In re I.S.
Case #: C041290
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/26/2002
Subsequent History: Rehrg. den. on 12/23/02

At the dispositional hearing, the minor was removed from his home by court order issued by a juvenile court referee. On appeal, appellant argued that the order was void because it had never been approved by a judge as required by section 249. (Which requires that no order of a referee removing a minor from his home shall become effective until expressly approved by a judge.) The appellate court here rejected that argument. The minor was originally removed at a detention hearing, and the order removing him was approved by a judge. Once that order was made and approved, the minor’s parents were not entitled to custody absent an intervening order returning him. Section 249 applies to any hearing at which the minor is removed, whether it is a detention or dispositional hearing.