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Name: In re Michael H.
Case #: B249243
Court: CA Court of Appeal
District 2 DCA
Division: 7
Citation: 229 Cal.App.4th 1366
Summary

The decision of a juvenile court affirming the Department’s decision not to file a petition is not an appealable order. Father filed an application pursuant to section 329 asking the Department to commence dependency proceedings on behalf of his sons, describing his concerns about mother’s use of corporal punishment and lack of supervision. The Department investigated and did not find any evidence to support the filing of a petition. Father applied to the juvenile court pursuant to section 331 to review the Department’s decision not to file a petition. The court affirmed the Department’s decision. Father timely appealed from the court’s order. The appellate court dismissed father’s appeal, finding that the decision of the juvenile court reviewing the social worker’s decision is not an appealable order. Had the Legislature intended an order by the juvenile court affirming a social worker’s decision not to commence dependency proceedings to be appealable, it would have so stated. The right to appeal is strictly statutory and a judgment is not appealable unless a statute expressly makes it appealable.

Opinion Date: 09/22/2014