San Diego County Health & Human Services Agency v. Maria S.

Opinion

McCONNELL, P. J. Maria S. and her children Javier G. and Hector G. purport to appeal jurisdictional findings as to Javier and Hector, issued after the San Diego County Health and Human Services Agency (the Agency) filed a supplemental petition on the boys’ behalf under Welfare and Institutions Code1 section 387. We hold the jurisdictional findings on a section 387 petition are interlocutory and nonappealable, and issues pertaining to the findings may be challenged on appeal of the dispositional order. We dismiss the appeals for lack of appellate jurisdiction.

FACTUAL AND PROCEDURAL BACKGROUND

Maria has four children: Javier, bom in 1989; Hector, bom in 1991; Nancy, bom in 1992, and Eduardo, bom in 1993. In January 2003 the Agency took the children into protective custody after Maria taped Nancy’s mouth shut and struck her with a sandal. The Agency filed petitions on behalf of Javier and Hector under section 300, subdivision (j), alleging Maria subjected Nancy to inappropriate discipline and the boys were at risk of being abused. The Agency also filed petitions on behalf of Nancy and Eduardo, but they are not involved in these appeals.

The court sustained the petitions and in April 2003 placed Javier and Hector with Maria. The court also placed Eduardo with Maria, but continued Nancy in foster care. At the six-month review hearing in October, the court extended reunification services for another six months. At the 12-month review hearing in April 2004, the court retained jurisdiction and allowed an additional six months of services.

In August 2004 the Agency filed subsequent petitions on behalf of Javier and Hector under sections 342 and 300, subdivision (c), alleging the boys sexually molested Nancy on repeated occasions, before commencement of the dependency proceedings and during her overnight visits with Maria. Nancy [1199]reported that she told Maria about the abuse “but did not think her mother believed her because she did not respond to it.” The court sustained the subsequent petitions and continued Javier and Hector’s placement with Maria.

In November 2004 the Agency filed supplemental petitions on behalf of Javier and Hector under section 387. The petitions alleged their placement with Maria “has not been effective in the protection or rehabilitation of the child,” in that the boys had previously sexually assaulted Nancy, and in August 2004 they began physically abusing Eduardo and Maria was unable to protect him. The Agency advised the court that “Eduardo has indicated that he is sad, hopeless and at times feels helpless. He is in significant distress over the daily physical and verbal abuse that he is subject to by his two brothers.” The Agency recommended that Javier and Hector be placed in foster care or a licensed group home.