In re H.E. CA4/1

Filed 8/19/25 In re H.E. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re H.E. et al., Persons Coming Under the Juvenile Court Law. D085316 SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, (Super. Ct. No. NJ16004A&B) Plaintiff and Respondent,

v.

L.E.,

Defendant and Respondent;

H.E. et al.,

Appellants.

APPEAL from orders of the Superior Court of San Diego County, Nadia J. Keilani, Judge. Dismissed. Linda Rehm, under appointment by the Court of Appeal, for Appellant H.E.

Neale B. Gold, under appointment by the Court of Appeal, for Appellant S.E. Claudia G. Silva, County Counsel, Lisa M. Maldonado, Chief Deputy County Counsel, and Evangelina Woo, Deputy County Counsel, for Plaintiff and Respondent. Leslie A. Barry, under appointment by the Court of Appeal, for Respondent L.E. Children H.E. and S.E. appeal the juvenile court’s orders dismissing juvenile dependency petitions filed on their behalf by the San Diego County Health and Human Services Agency under Welfare and Institutions Code section 300, subdivision (b)(1)(C). The children assert the juvenile court erred by declining to sustain the petitions as pled or to amend the petitions to conform to proof. L.E., the children’s grandmother and legal guardian, moves to dismiss the appeal because the juvenile court declared the children dependents of the court in subsequent petitions. Resolving this matter by memorandum opinion (see generally People v. Garcia (2002) 97 Cal.App.4th 847), we dismiss this appeal as moot and decline to exercise our inherent discretion to consider its merits. I. The Agency’s petitions alleged the grandmother willfully or negligently failed to provide adequate food, clothing, shelter, or medical treatment, causing a substantial risk of physical harm or illness, under section 300(b)(1)(C). This was based on the grandmother “express[ing] an unwillingness and inability to care for the child[ren] . . . , including at least five times in front of the child[ren].” These incidents included the grandmother requesting law enforcement remove the children from her care