In re F.P. CA2/7

Filed 11/5/24 In re F.P. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

In re F.P. et al., Persons Coming B326142 Under the Juvenile Court Law. LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN Super. Ct. No. 22CCJP04043A-B) AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

F.P.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Marguerite D. Downing, Judge. Dismissed. William Safford, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the County Counsel, Dawyn R. Harrison, County Counsel, Kim Nemoy, Assistant County Counsel, and Jessica S. Mitchell, Deputy County Counsel, for Plaintiff and Respondent. ___________________

F.P. (Father) appeals from the juvenile court’s order declaring children F.P., Jr., (age 10) and Melanie P. (age 7) dependents of the court under Welfare and Institutions Code section 300, subdivisions (a) and (b)(1).1 The children’s mother, Evelyn P. (Mother), did not appeal, and the children have since been returned to Father’s custody. Even if we were to reverse the jurisdiction findings that Father challenges, the juvenile court would have jurisdiction over the children by virtue of unchallenged findings involving Mother. Father has not otherwise “demonstrated a specific legal or practical consequence that would be avoided upon reversal of the challenged findings.” (In re D.P. (2023) 14 Cal.5th 266, 276 (D.P.).) Because we cannot grant Father effective relief, the appeal is moot. Further, we decline to exercise our discretion to consider Father’s moot appeal on its merits, and thus we dismiss it. PROCEDURAL BACKGROUND On October 13, 2022, the Los Angeles County Department of Family and Children Services (the Department) filed a dependency petition on behalf of the two children. Following a jurisdiction hearing, the juvenile court sustained two counts as to both Mother and Father under section 300, finding the parents’ conduct endangered the children’s physical health and safety and placed them at risk of serious harm. Specifically, the court found true that (1) Mother and her male companion had a history of violent altercations, and Father knew of, but failed to protect the children, from the violent conduct (counts a-1 and b-1); and (2) Mother had a history of