In re B.E. CA3

Filed 11/12/14 In re B.E. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

In re B.E., a Person Coming Under the Juvenile Court C073493 Law.

SACRAMENTO COUNTY DEPARTMENT, (Super. Ct. No. JD232703)

Plaintiff and Respondent,

v.

L.E.,

Defendant and Appellant.

Father, L.E., appeals the juvenile court’s jurisdictional finding and dispositional order. Father contends: (1) there is not substantial evidence supporting the conclusion that his violating the terms of his probation posed a substantial risk of serious harm to the minor; and (2) the dispositional orders declaring the minor a dependent and ordering formal services constituted an abuse of discretion. While this appeal was pending, the

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juvenile court terminated dependency jurisdiction and granted father sole legal and physical custody. Father did not appeal the termination of dependency jurisdiction. We requested the parties file supplemental briefs on whether this appeal should be dismissed given the termination of dependency jurisdiction. Father contended the appeal should not be dismissed as the jurisdictional finding could be used against him at some future date. We find this claim to be entirely speculative. As we cannot grant father any effective relief, we will dismiss the appeal as moot.

FACTS AND PROCEEDINGS

Given our disposition of this appeal, we need not detail the entire history of these dependency proceedings. A summary of those proceedings will suffice.

Mother died in 2004, when the minor was six years old, after losing her struggle with prescription pain medication addiction. The minor has remained in father’s custody since that time. Shortly after mother’s death, a paternal uncle died and father lost his job. As a result of these losses father became depressed and started using marijuana. In September 2007, father was arrested for having sexual relations with a 15-year- old-girl. He was convicted in 2008, placed on five years’ probation, and ordered to register as a sex offender pursuant to Penal Code section 290. In April 2009, defendant admitted he had violated probation by failing to register. He was reinstated on probation and received no additional jail time. The juvenile court took judicial notice of documents related to defendant’s criminal conviction and violation of probation. In September 2012, as the result of a report to social services, probation officers conducted a probation search of father’s home. The officers noticed a strong smell of marijuana coming from the bedroom. There were two young unrelated children living in the home and a large knife. Each of these circumstances was a violation of father’s probation. Drug tests confirmed father’s admitted drug use.