Los Angeles County Department of Children & Family Services v. Deshall C.

[1315]Opinion

GRIGNON, J. A mother appeals from an order of the dependency court summarily denying her petition under section 388 of the Welfare and Institutions Code.1 However, subsequent to the order appealed from, the dependency court terminated the mother’s parental rights; the mother did not appeal from the termination order and that order is now final. Thus, there is no effective relief which may be afforded the mother on her appeal from the section 388 order. Accordingly, the mother’s appeal is moot and must be dismissed.

Facts and Procedural Background

Jessica K. (bom October 1995) is the daughter of Deshall C. (mother). On September 24, 1996, Jessica was detained by the Los Angeles County Department of Children and Family Services on account of mother’s drag abuse and neglect. On October 25, 1996, Jessica was adjudicated a dependent of the court and placed in a foster home. Mother failed to reunify with Jessica, and reunification services were terminated on October 24, 1997. A selection and implementation hearing was scheduled for April 10, 1998, but continued several times at the request of the Department to complete adoption planning.

On March 31, 1999, mother filed a petition under section 388, requesting the return of Jessica to her custody on the ground she had obtained sobriety and was participating in a residential drug treatment program. On April 9, 1999, the dependency court summarily denied the section 388 petition. On June 3, 1999, the dependency court terminated parental rights and ordered Jessica placed for adoption. On that same date, mother appealed from the order summarily denying her section 388 petition. Mother did not appeal from the order terminating her parental rights and that order became final.

Discussion

On appeal, mother seeks a reversal of the summary denial of her section 388 petition and remand to the dependency court for a full evidentiary hearing. However, mother’s parental rights have been terminated and the order terminating parental rights is final. Because mother’s parental rights cannot be restored even were we to agree with mother that the summary denial was an abuse of discretion, a hearing on mother’s petition would be futile.

When no effective relief can be granted, an appeal is moot and will be dismissed. (Eye Dog Foundation v. State Board of Guide Dogs for the