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Name: In re D.P.
Case #: S267429
Court: CA Supreme Court
Opinion Date: 01/19/2023

Father’s appeal is moot because his claim that he may be included on the California Child Abuse Central Index (CACI) is too speculative to demonstrate a specific legal consequence that a favorable judgment could redress. The minor had a healing rib fracture the parents could not explain. A petition was filed alleging that minor and his sister were at risk of neglect. The juvenile court found true a section 300, subdivision (b)(1) petition. The parents challenged the jurisdictional findings on appeal. While the appeal was pending, the juvenile court terminated jurisdiction, finding that the parents had complied with their case…

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Name: In re Rashad D.
Case #: B307061
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 04/19/2021

Mother's appeal of juvenile court's erroneous jurisdictional findings became moot at the subsequent termination of jurisdiction because mother did not subsequently appeal the court's custody modification order or the order terminating jurisdiction. Mother successfully reunified with Rashad in 2019 and was awarded sole physical and legal custody. In March 2020, the Department filed a new dependency petition alleging that mother had a history of illicit drug use which rendered her incapable of providing regular care and supervision of Rashad. Mother denied any current drug use and tested negative five times. The Department initially recommended the court sustain the petition, but…

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Name: In re B.P. et al.
Case #: B303804
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 06/02/2020

Mother's appeal from a detention order based on a subsequent dependency petition filed pursuant to Welfare and Institutions Code section 342 was dismissed because it was an interlocutory order and therefore not appealable. Following an initial dependency petition in February 2019, the court sustained jurisdiction. The minors were not detained from mother. In September 2019, DCFS filed a supplemental petition alleging that the prior disposition was ineffective. DCFS requested detention of the minors but the court denied the request. In November 2019, mother started showing signs of domestic violence and drug abuse, and the juvenile…

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Name: In re J.A. et al.
Case #: E072398
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 12/06/2019

Mother's appeal properly dismissed where it was filed sixteen months after the minors were removed from her and the case exited to family court. Following a dependency proceeding in 2017, the juvenile court sustained a petition, removed the minor twins from mother, and granted the formerly noncustodial father sole legal and physical custody. The court granted mother supervised visitation and phone calls. The court then dismissed dependency jurisdiction, and exited the matter to family court. At no point in the hearing did the court advise mother that she had the right to appeal the orders. …

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Name: In re J.F. et al
Case #: E072301
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 08/26/2009

Where father's notice of appeal explicitly stated it was from the 366.26 hearing, the appellate court could not liberally construe it to review an earlier order denying father's 388 petition. Father's 388 petition was denied on January, 22, 2019. Father's parental rights were terminated on March 7, 2019. Father filed a notice of appeal the same day, indicating that the appeal was from the order terminating parental rights. On appeal, father argued that the juvenile court abused its discretion when it summarily denied the January 388 petition. The appellate court found that it lacked jurisdiction…

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Name: In re Cody R.
Case #: D073527
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/17/2018

Parent had no standing to challenge the social worker's actions under the relative placement statutes where there was no showing that she could have reunified. The child was removed from parental custody after he was found severely malnourished to the point of starvation. The juvenile court sustained a dependency petition and bypassed reunification services based on a finding of severe physical abuse. It set a hearing under section 366.26. The court did not advise the parents that they could challenge this order only by way of a writ petition, but mother filed a notice of intent to file such a…

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Name: In re J.Y.
Case #: C082548
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 12/26/2018

A parent lacked standing after termination of reunification services to contest a change in a minor's placement to a tribe-approved home. The juvenile court removed three minors from mother's custody based on her mental illness and substance abuse. Their father was a member of the Pit River Tribe. The court placed J.Y. separately from his siblings while the social services agency sought an "ICWA-approved home." After services had been terminated, the agency located such a home and sought to place all three children there together. Mother opposed the change in J.Y.'s placement, and appealed from the order that granted…

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Name: In re Isaiah W.
Case #: S221263
Court: CA Supreme Court
District CalSup
Opinion Date: 07/07/2016

Appellant parent may challenge the failure of the Department to provide notice pursuant to ICWA in an appeal from a subsequent order even though she did not raise the challenge earlier in the proceedings. A juvenile court removed newborn Isaiah W. from his parents and placed him in foster care. At the time, the juvenile court found that Isaiah was not an Indian child, that the ICWA did not apply, and did not order any tribe or the BIA noticed of the proceedings. Mother did not appeal from the initial orders. Over a year later, the juvenile court terminated mother's…

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Name: In re A.K.
Case #: E064295
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 04/05/2016

Appeal dismissed under disentitlement doctrine where father's uncooperative behavior showed contempt to legal orders. Father appealed the orders removing his minor child from his custody after a finding of dependency jurisdiction. During the dependency proceedings, father told the social worker he "would not do anything (she) asked him to do," failed to drug test, and told the social worker not to call him. Father failed to appear at the disposition hearing. On appeal, father argued that there was insufficient evidence to support jurisdiction. The Department argued that father was precluded from raising his issue on appeal under the doctrine of…

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Name: In re I.C.
Case #: A141143
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 08/06/2015
Subsequent History: Review granted 10/28/2015: S229276

Three-year-old minor's hearsay statements about sex abuse by father were sufficient evidence to sustain petition. The minor was removed from father and placed with mother after the juvenile court sustained an allegation that father had molested his three-year-old daughter. The juvenile court ordered that father continue to be removed from the family home until further order of the court. Respondent moved that the appeal be dismissed because mother had not appealed, and therefore reversal of the jurisdictional findings as to father would not affect the juvenile court's jurisdiction (the court had sustained drug abuse allegations regarding mother.) The…

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