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Name: In re A.H. (2023) 91 Cal.App.5th 741
Case #: A166532
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 05/16/2023

Nonrelated Extended Family Member (NREFM) lacked standing to challenge the denial of a 388 petition requesting placement. The minor was removed from mother as a newborn. A NREFM requested placement of the minor, which was denied. The NREFM then filed a section 388 petition requesting that the dispositional order be changed to place the minor with the NREFM. This request was summarily denied by the juvenile court. The NREFM filed a notice of appeal and the Court of Appeal dismissed the appeal. A NREFM is not a relative, as defined by section 361.3, subdivision (c)(2), and thus has no legally…

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Name: In re K.T.
Case #: E072082
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 11/12/2019

The distant relatives of a dependent child had standing to appeal trial court's order under section 387; also, they had standing to appeal the denial of their section 388 petition. The minor was placed with relatives, the B's, when he was removed from his mother at the age of nine months. While residing with them, he was diagnosed with a subdural hematoma. Meanwhile, the B's began refusing to communicate with the social worker, who they felt had insulted them. The Department detained the minor, placed him in a special health care needs foster home, and filed 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 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 E.R. et al.
Case #: A145384
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 12/20/2017

Uncle who lost Indian custodian status lacked standing to appeal permanent plan orders for minors. In a previous appeal (In re E.R. (2016) 244 Cal.App.4th 866), the appellate court held that the minors' mother had revoked maternal uncle Rafael's Indian custodian status for purposes of the ICWA, and that substantial evidence supported the court's refusal to place the minors with Rafael as an extended family member. Rafael's challenge to the permanent plan orders, specifically visitation, were rejected since Rafael was no longer a party to the dependency proceedings. While that appeal was pending, Rafael filed the current…

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Name: In re A.K.
Case #: C081545
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 05/09/2017

Father had no standing to challenge the court's failure to consider relative placement after reunification had been terminated, and even if he had standing, he forfeited the issue by not raising it in the juvenile court. Father contended on appeal that the order terminating his parental rights must be reversed because the Department and juvenile court failed to assess the paternal grandmother's request for placement under the requirements of section 361.3. The appellate court found that since father's services had been terminated, he could not establish that his rights in reunification were affected by the failure to consider…

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Name: In re Isaiah S.
Case #: D069928
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 11/10/2017

Mother lacked standing to raise relative placement issue at parental rights termination hearing. The minor, Isaiah was the subject of a juvenile dependency action based on his exposure to violence in the home. He was placed in foster care in the same home with three younger siblings, and his foster family wished to adopt them. Maternal relatives also wanted to adopt the minors, though appellant mother originally opposed this placement. Mother stopped visiting and lost touch with the Department. Maternal relatives expressed a desire to adopt the minor, and had visited him multiple times. Their homes…

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Name: In re Armando L.
Case #: F072715
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 07/14/2016

Juvenile court's denial of a request for a hearing on the issue of dismissal of dependency jurisdiction was error. In the social worker's report for the 18-month review hearing, it was recommended that custody of the minor be given to Armando's father and dependency jurisdiction dismissed. Mother requested a contested hearing, as she believed that Armando needed continued services and that placement with father and dismissal of supervision was not in Armando's best interests. County counsel argued that mother had no standing to contest dismissal, and the appropriate place to challenge the orders was in family court. The juvenile court…

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Name: In re P.R.
Case #: C077293
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 05/12/2015

Mother lacked standing to appeal placement of Indian minor where she did not otherwise challenge the termination of her parental rights. Mother appealed from the order terminating her parental rights, contending that substantial evidence did not support the juvenile court's finding that there was good cause to deviate from the ICWA placement preferences. However, mother did not argue that her parental rights were wrongly terminated. The appellate court dismissed mother's appeal, holding that because her parental rights were terminated, and she makes no argument as to how alleged placement errors might be related to the termination decision, mother lacked standing…

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Name: In re Z.S.
Case #: B252184
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 04/01/2015

Father's appeal from order terminating parental rights was dismissed as untimely where it was not filed until after the adoption order was finalized. Father was incarcerated during most of the protracted dependency proceedings. DCFS utilized a physical address and mailing address provided by father to send him notices. On March 12, 2013, the court terminated father's parental rights. On September 19, 2013, the court finalized the adoptions. Father filed a notice of appeal on October 16, 2013, contesting the termination of his parental rights. The appellate court dismissed the appeal as untimely. An order by a referee must be appealed…

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