In re G.N. CA4/3

Filed 3/21/16 In re G.N. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

In re G.N., a Person Coming Under the Juvenile Court Law.

ORANGE COUNTY SOCIAL SERVICES AGENCY, G052309 Plaintiff and Respondent, (Super. Ct. No. DP024046) v. OPINION H.F.,

Defendant and Appellant.

Appeal from orders of the Superior Court of Orange County, Gary Moorehead, Judge. Affirmed. Motion to dismiss and request for judicial notice denied. Law Offices of Vincent W. Davis & Associates and Stephanie M. Davis for Defendant and Appellant. Leon J. Page, County Counsel, Karen L. Christensen and Aurelio Torre, Deputy County Counsel, for Plaintiff and Respondent. No appearance for the Minor.

H.F. (caretaker), the former caretaker of now two-and-a-half-year-old G.N. (the child), appeals from the juvenile court’s orders made in January and June 2015, respectively denying her petition under Welfare and Institutions Code section 388 (all further undesignated statutory references are to this code) for de facto parent status and her application to adopt the child. Caretaker argues the court erred in not granting her a full evidentiary hearing on her section 388 petition for de facto parent status and on her adoption application, which she now characterizes as an additional section 388 petition. The portion of caretaker’s appeal challenging the denial of her section 388 petition for de facto parent status is untimely and must be dismissed for lack of jurisdiction. The order denying that section 388 petition was rendered in January 2015 but her notice of appeal was not filed until July 2015. (Cal. Rules of Court, rule 8.406(a) [aside from two inapplicable exceptions “a notice of appeal must be filed within 60 days after the rendition of the judgment or the making of the order being appealed”]; In re Z.S. (2015) 235 Cal.App.4th 754, 768-760; Nahid H. v. Superior Court (1997) 53 Cal.App.4th 1051, 1068 [denial of section 388 petition is an appealable order]; In re Meranda P. (1997) 56 Cal.App.4th 1143, 1150 [unappealed postdisposition order may not be attacked on appeal from subsequent appealable order].) Although respondent Orange County Social Services Agency (SSA) moved to dismiss caretaker’s appeal as moot, we do not address that issue and instead reject the second aspect of caretaker’s appeal on the merits and conclude the court did not err in denying her adoption request. We thus deny SSA’s motion to dismiss and the accompanying request for judicial notice, as both are unnecessary to our resolution of this appeal.