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Name: In re Javier G.
Case #: D045617
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 06/30/2005

Is a 387 an appealable order? Original petitions were sustained by the court, and the minors were placed with their mother. Subsequently, the Agency filed supplemental petitions pursuant to section 387, which were sustained. The dispositional hearing was postponed in order to allow time for psych evaluations of two of the minors. The parents filed notices of appeal from the jurisdictional findings. The Agency moved to dismiss the appeals on the ground that jurisdictional findings on a 387 supplemental petition are nonappealable. The appellate court agreed and dismissed the appeals. The jurisdictional finding under section 300 is interlocutory and not appealable, and any issue from that hearing must be raised in a timely appeal of the dispositional order. Likewise, the procedures for supplemental petitions are conceptually identical, and jurisdictional findings made in either instance are necessarily interlocutory and nonappealable.