In re J.G. CA6

Filed 4/11/16 In re J.G. CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

In re J.G., a Person Coming Under the H041974 Juvenile Court Law. (Santa Clara County Super. Ct. No. 1-14-JD22971) SANTA CLARA COUNTY DEPARTMENT OF FAMILY AND CHILDREN’S SERVICES,

Plaintiff and Respondent,

v.

R.G.,

Defendant and Appellant.

R.G. (mother) appeals the juvenile court’s jurisdiction and disposition findings and orders and an interim review order restricting her from attending her child’s (J.G., born 1999) medical and dental appointments. She claims the juvenile court violated her statutory right to a contested hearing on certain requirements in her case plan, and the court’s failure to order a contested hearing deprived her of her due process rights. During the pendency of this appeal, subsequent events have transpired. First, the juvenile court held a six-month review hearing on July 10, 2015 and returned child to mother’s care under a plan of family maintenance. In a later proceeding on October 28, 2015, the juvenile court removed child from mother’s care after finding that detention was necessary. We find that these later proceedings have rendered mother’s appeal moot.

BACKGROUND On November 14, 2014, the Santa Clara County Department of Family and Children’s Services (Department) filed a petition to bring child within the jurisdiction of the juvenile court under Welfare and Institutions Code section 300, subdivision (c) (serious emotional damage).1 The petition alleged that child, who was adopted, was at a substantial risk of harm under mother’s care because of emotional abuse. It was alleged that mother made offensive comments toward child. Earlier that same month, child had been placed on a section 5150 psychiatric hold after having a physical altercation with mother. Child had struck mother on the head after trying to get away from her. The petition alleged that child had been previously placed on five other section 5150 psychiatric holds and was being treated for anxiety. Mother insisted that child had severe mental health issues but refused to participate in child’s treatments and refused to release child’s medical records to doctors. The Department concluded that mother was not capable of meeting child’s needs. On November 17, 2014, the Department filed an amended petition alleging that child had been removed from mother’s care under a protective custody warrant. The following day, the juvenile court held an initial hearing and sustained the amended petition. Mother orally requested that child be released under her care, which was denied. On December 9, 2014, the Department filed a second amended petition. The amended petition clarified that child had only been placed on two psychiatric holds, not five. The petition also alleged that mother and child had been in physical altercations with each other on at least six other occasions.