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Name: In re Karen G.
Case #: G033340
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 08/31/2004
Summary

The minor and the Department of Social Services (DSS) appealed from the jurisdictional and dispositional order adjudicating her a dependent and returning her to her mother. During the pendency of the appeal, a six month review hearing was held, and circumstances had changed. Mother had complied with the service plan and court orders, and the minor appeared to be safe in her care. DSS moved to dismiss its appeal. Subsequently minor’s counsel also sought to dismiss the appeal, but asked for guidance because of In re Josiah Z. The appellate court here dismissed the appeal, holding that the changed circumstances were properly before the court and rendered the appeal moot. The requested relief was no longer appropriate, and the minor’s attorney could seek dismissal of the appeal. Further, the concerns present in In re Zeth S. were not present here: the appeal was not from a termination of parental rights, and the evidence in question was the kind the court could take judicial notice of, not unsworn statements of counsel.