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Name: Leah B. v. Michael V.
Case #: B301138
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 10/22/2020

Mother was not permitted to use the civil harassment restraining order process to collaterally attack a dependency and adoption proceeding after her parental rights were terminated. Mother’s parental rights were terminated in a dependency proceeding after she refused cancer treatment for the minor and threatened the caregiver and social worker. The adoption order was affirmed by the appellate court. Mother then tried to intervene in the adoption proceedings by requesting a civil harassment restraining order, contending that the confidential caregivers were trying to avoid being involved in a lawsuit and limit mother’s access to medical records. The trial court dismissed the request for the restraining order, and mother appealed. The appellate court affirmed the order of dismissal. Mother may not use the civil harassment order process to collaterally attack the section 366.26 order terminating parental rights, the selection of the caregiver, or the adoptive placement. Mother was no longer the legal parent of the minor, and any further attempts to relitigate any claimed parental rights will not be considered on the merits.