In Re Tiffany Y.

OPINION

We publish this troubling and tragic case, as the First Appellate District published In re Danielle M. (1989) 215 Cal.App.3d 1267 [264 Cal.Rptr. 247], to illustrate the practical futility of the present procedure for appellate review in juvenile dependency cases, and to underline the fragility of the interests such appeals are designed to protect. One distinguished jurist in this district has already spoken eloquently on this subject. (Cf. In re Micah S. (1988) 198 Cal.App.3d 557 [243 Cal.Rptr. 756] [Brauer, J., conc.].) The lesson bears repeating, however.

On the merits of this appeal, we are asked to invalidate a trial court finding underlying a dispositional order in a juvenile dependency case. Despite the invalidity of the challenged finding, we will affirm the dispositional order.

FACTUAL AND PROCEDURAL BACKGROUND Tiffany Y. was born on January 9, 1989, the child of appellant Eileen Y. and Alvia Y., who is not a party to this appeal. She was placed in protective custody on the day of her birth.

The background of this precipitous placement is as follows: Appellant is the mother of three daughters; Joanna, Stacy, and Tiffany Y. On November 14, 1987, Joanna, who was then about four years old, was placed in protective custody when Stacy, then four months old, was found dead after having been sexually molested. The children's father, Alvia Y., who had been caring for both children at the time of Stacy's death, was arrested and charged with the homicide. His appeal of a subsequent conviction is now pending before this court. Joanna was released to appellant's custody on November 24, 1987. On February 29, 1988, the criminal charges against Alvia Y. were dismissed.

Alvia Y. was released on bail on a new complaint on April 4, 1988, and on April 6, 1988, Joanna was again placed in protective custody. On May 9, 1988, a Welfare and Institutions Code1 section 300, subdivision (d) petition was sustained as to Joanna. This petition, in substance, alleged that Joanna *Page 301 had been sexually molested by Alvia Y. and that appellant had denied both the molestation and any possible culpability on the part of Alvia Y.

In November 1988, Joanna was adjudicated a dependent of the court and continued in out-of-home placement.2 Tiffany was born two months later.

On January 11, 1989, a petition was filed alleging that under section 300, subdivisions (b), (d), and (j), Tiffany should be adjudged a dependent of the court.

An ex parte detention order was filed on January 12, 1989, and a detention hearing was held the following day. An amended petition was filed on January 20, 1989.