San Joaquin County Department of Human Services v. Wayne C.

[1546]Opinion

RAYE, J. In this appeal we address the question of whether dismissal of a dependency action at the dispositional hearing renders the case moot, preventing review of findings upon which continuing orders for custody and visitation are based. We conclude it does not

Wayne C., the minors’ father, appeals from juvenile court orders following a dispositional hearing establishing custody and visitation and terminating the dependency case. The dependency petitions alleged appellant sexually abused his daughter, Stacey (Welf. & Inst. Code, § 300, subd. (d)), and that her twin brother, Joshua, was at substantial risk of suffering similar harm. (Welf. & Inst. Code, § 300, subds. (d), (j).)

Appellant contends there was insufficient evidence to support the jurisdictional findings as to Joshua and the juvenile court erred by refusing to grant certain discovery orders thereby denying him due process. Respondent contends these issues cannot be reached as dismissal of the dependency action rendered the appeal moot.

Facts

Following filing of the dependency petitions, the 10-year-old children were detained and placed in the custody of their mother who had previously separated from appellant in their pending divorce.

Appellant moved to compel the children to submit to psychiatric examinations. He argued the examinations were necessary to support his claim the children’s mother coerced them into accusing him of molestation and to assess whether their diagnosed posttraumatic stress disorder was a result of molestation or the dissolution. Unconvinced the proposed expert testimony would aid its decision on the issue of coercion, the juvenile court found appellant had not established good cause for the examination. The court denied appellant’s motion without prejudice to renew but ordered reports and other information from the children’s therapist be provided to appellant’s expert, Dr. Katz.

At the contested jurisdictional hearing, Stacey testified appellant began engaging in sexually abusive behavior about the time her parents separated. Appellant’s activities included provocative photographs of Stacey, and inappropriate touching and showering and sleeping with her. Joshua corroborated Stacey’s testimony but reported no overt sexual behavior by appellant directed at him. Appellant admitted he had slept with the children and had washed them while showering together but denied any sexual behavior.