Orange County Social Services Agency v. Dan R.

[404]Opinion

RYLAARSDAM, J. Dan R. and Geraldine W., father and mother of 19-month-old Dani, appeal from a judgment declaring their son a dependent of the court and removing him from their parental custody. Father contends the juvenile court’s jurisdictional findings under Welfare and Institutions Code section 300, subdivision (b) and order removing Dani from his physical custody are not supported by substantial evidence. (All further statutory references are to the Welfare and Institutions Code.) In addition, he argues the court abused its discretion by granting him only monitored visitation. Mother joins in the issues raised by father and, in addition, contends the juvenile court erroneously denied her reunification services.

Minor’s counsel informed us the juvenile court subsequently granted mother’s section 388 petition for reunification services. On our own motion, we requested letter briefs addressing the issue of mootness. Respondent argues mother’s appeal is moot and the remaining issues on appeal should also be dismissed as moot based on the parents’ stipulation to various findings at the six-month review hearing. We agree and therefore dismiss.

Discussion

The juvenile court sustained the allegations in the petition for the parents’ failure to adequately protect Dani and for mother’s prior abuse or neglect of his half siblings. The court also found “to vest custody with the parents at this time would be detrimental to the minor, and to vest custody with social services director is required to serve in the minor’s best interests.” Reunification services were ordered for father, but not for mother.

After the appeal was filed, mother petitioned the juvenile court for reunification services, and her petition was granted. The six-month review hearing took place on March 19, 2001, and the parents stipulated to the findings “that return of minor to parents would create a substantial risk of detriment to the physical or emotional well being of the minor” and “that there has been some progress made toward alleviating or mitigating the causes necessitating placement . . . .”

“[A]n action that originally was based on a justiciable controversy cannot be maintained on appeal if all the questions have become moot by subsequent acts or events. A reversal in such a case would be without practical effect, and the appeal will therefore be dismissed.” (9 Witkin, Cal. Procedure (4th ed. 1997) Appeal, § 642, p. 669.) The question of mootness in a dependency case should be decided on a case-by-case basis,