In re T.P. CA2/5

Filed 10/2/15 In re T.P. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

In re T.P., a Person Coming Under the B261233 Juvenile Court Law. (Los Angeles County Super. Ct. No. CK92273)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

C.B.,

Defendant and Appellant.

APPEAL from the judgment and orders of the Superior Court of Los Angeles County, Marguerite Downing, Judge. Dismissed as moot. Joseph D. Mackenzie, under appointment by the Court of Appeal, for Defendant and Appellant. Mary C. Wickham, Interim County Counsel, Dawyn R. Harrison, Assistant County Counsel, Jacklyn K. Louie, Principal Deputy County Counsel, for Plaintiff and Respondent. ____________________________

C.B. (mother) appeals from the October 23, 2014 jurisdictional findings declaring her son, T.P., to be a minor described by Welfare and Institutions Code section 300, subdivision (b).1 Mother’s sole contention on appeal is the dependency court failed to comply with the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901 et seq.) after Tr.P. (father)2 claimed possible Indian heritage. We dismiss the appeal as moot because after mother commenced the appeal, the dependency court terminated dependency jurisdiction and granted mother sole custody of T.P. pursuant to section 362.4.

FACTUAL AND PROCEDURAL BACKGROUND

The Los Angeles County Department of Children and Family Services (Department) initially detained T.P. from mother on July 25, 2012, when he was five months old. On December 10, 2012, the dependency court sustained three counts of a first amended petition under subdivision (b) of section 300, relating to (1) mother’s failure to protect T.P., (2) physical abuse of T.P.’s older half-brother, and (3) domestic violence between father and his girlfriend. The Department filed a section 342 subsequent petition 3 on February 26, 2014, adding allegations of physical abuse and medical neglect by father and his girlfriend. On April 21, 2014, the Department amended the petition to include an allegation regarding mother’s marijuana abuse.