In Re Ruby T.

181 Cal.App.3d 1201 (1986) 227 Cal. Rptr. 8 In re RUBY T. et al., Minors.

MONTEREY COUNTY DEPARTMENT OF SOCIAL SERVICES, Petitioner and Respondent,

v.

MARIE P., Objector and Appellant.

Docket No. H000526. Court of Appeals of California, Sixth District.

May 6, 1986. [1202] COUNSEL

Gretchen O. Burford, under appointment by the Court of Appeal, for Objector and Appellant.

Ralph R. Kuchler, County Counsel, and Diane C. Popowski, Deputy County Counsel, for Petitioner and Respondent.

OPINION

BRAUER, J.

Marie P. appeals from a permanency planning order which directed the Monterey County Department of Social Services to file a "free from custody" action under section 232, subdivision (a)(7) of the Civil Code,[1] in regard to her three minor children. She raises various claims [1203] regarding the insufficiency of the showing to support the order. But as Marie P. subsequently relinquished custody of her children voluntarily, we find her appeal to be moot and therefore dismiss it.

BACKGROUND

On March 12, 1982, Marie P.'s three children, Paula, Ruby, and Monica, ages eight and six years, and seven months, respectively, were taken into protective custody by the Salinas Police Department after Marie P.'s boyfriend was observed on a Salinas street corner hitting the eldest child with a belt. Marie P. was present at the time and made no effort to protect her daughter from the attack. Marie P. was arrested and it was discovered that she and the children had been living in a hotel room which had no heat and only minimal bedding. The children were ill-clothed and were often left unsupervised in the hotel room for long periods.