In re A.F. CA3

Filed 8/21/20 In re A.F. CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

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

In re A.F., a Person Coming Under the Juvenile Court C090732 Law.

BUTTE COUNTY DEPARTMENT OF (Super. Ct. No. 19DP00049) EMPLOYMENT AND SOCIAL SERVICES,

Plaintiff and Respondent,

v.

V.G.,

Appellant.

Appellant, V.G., and her former husband, L.J., were the legal guardians of A.F., a minor, from 2012 until the juvenile court terminated V.G.’s guardianship in August of 2019. At the time it terminated V.G.’s guardianship, the juvenile court ordered visitation for V.G. to occur “at the sole discretion” of L.J. On appeal, V.G. contends the juvenile court abused its discretion in issuing the visitation order. Pursuant to California Rules of Court, rule 8.54, respondent Butte County Department of Employment and Social Services (DESS) moves to dismiss this appeal on grounds that V.G. lacks standing to

1

challenge the visitation order which forms the basis of this appeal. We agree and shall dismiss the appeal.

FACTS AND PROCEDURAL HISTORY V.G. is the former probate guardian of the subject minor. A probate guardianship was established for the subject minor with coguardians, V.G. and L.J. Letters of guardianship were issued by the Butte County Superior Probate Court in 2012. On February 26, 2019, a Juvenile Dependency Petition was filed regarding the subject minor which alleged that she came within the jurisdiction of the juvenile court under Welfare and Institutions Code section 300, subdivision (b) (statutory section references that follow are to the Welfare and Institutions Code, unless otherwise stated). Specifically, the petition alleged that the minor has suffered, or was at substantial risk of suffering, serious physical harm or illness due to the failure or inability of the parent or legal guardian(s) to supervise or protect the child adequately. The petition alleged that the “guardians refuse to have the minor in their care and no alternative arrangements were made leaving the minor without adequate provisions.” On February 28, 2019, the minor was ordered detained. At the jurisdiction hearing on March 14, 2019, the petition was sustained, and a disposition hearing was scheduled. DESS filed a disposition report recommending that reunification services be offered to the guardians. At the disposition hearing on May 2, 2019, DESS advised court and counsel that the recommendation would be changed to dismiss the action, but that additional time would be needed to furnish the court with updated information in support of the modified recommendation, including the necessary information pursuant to section 361.2. At the continued disposition hearing on May 23, 2019, the juvenile court became aware that the probate court had issued an order terminating the probate guardianship because the guardians failed to file a report. In response, the dependency court, sua