In re J.M. CA2/8

Filed 11/27/24 In re J.M. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

In re J.M. et al., Persons Coming B332773 Under the Juvenile Court Law. Los Angeles County Super. Ct. No. 23CCJP00179A-B LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent,

v.

C.V.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County. Kristen Byrdsong, Commissioner. Appeal dismissed. Gina Zaragoza, under appointment by the Court of Appeal, for Defendant and Appellant. Dawyn R. Harrison, County Counsel, Kim Nemoy, Assistant County Counsel, and Jessica Buckelew, Deputy County Counsel, for Plaintiff and Respondent. _____________________________

SUMMARY The mother in this dependency proceeding appeals from jurisdictional findings that she failed to protect her daughter from sexual abuse and made an inappropriate plan for the care of her daughter and her son. Mother does not, however, challenge the juvenile court’s finding that she is “unable and unwilling to provide the children with ongoing care and supervision and to provide the children with the basic necessities of life.” The father, who is a registered sex offender, does not appeal from the sexual abuse and other findings made against him. Mother’s appeal is not justiciable because the children are in any event subject to the juvenile court’s jurisdiction, and we cannot offer her any effective relief. We decline to exercise our discretion to address the merits of her assertions concerning the findings she challenges. The appeal is dismissed. FACTS Mother C.V. and father M.M. have two teenaged children together: J.M., born in 2006, and Jo.M., born in 2008. The children, who did not have a good relationship with mother, lived with father for most of their lives, until he was arrested and imprisoned on sexual abuse charges in February 2021. When father was arrested, the children went to live with mother in San Diego, where mother had resided since 2013. They lived with mother from February through October 2021. Mother and Jo.M. had a particularly contentious relationship, and starting in November 2021, mother authorized Elizabeth M., the children’s paternal aunt, to care for the children. The children lived with Elizabeth M., her three children, and one other person from November 2021 until the events which precipitated these dependency proceedings.