In re K.S. CA2/1

California Court of Appeal Jul 27, 2022 No. B312334Unpublished

AI Brief

AI-generated · verify before citing

Holding. The court dismissed the mother's appeal as moot because the juvenile court had terminated dependency jurisdiction and placed the child with the mother, and the mother failed to demonstrate any nonspeculative prejudice resulting from the jurisdictional findings.

Issues

Whether an appeal of jurisdictional findings in a dependency proceeding is moot when the juvenile court has subsequently terminated jurisdiction and returned the child to the parent.
Whether the court should exercise its discretion to hear a moot appeal based on potential future prejudice regarding relative placement or Child Abuse Central Index (CACI) registration.

Disposition. dismissed

Quotations verified verbatim against the opinion

“Accordingly, Mother’s appeal is moot, and she has not demonstrated any nonspeculative prejudice as a result of the jurisdictional findings. Thus, we dismiss Mother’s appeal.”

“Generally, an order terminating juvenile court jurisdiction renders an appeal from a previous order in the dependency proceedings moot where the appellate court cannot provide effective relief.”

Filed 7/27/22 In re K.S. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION ONE

In re K.S., B312334

a Person Coming Under the (Los Angeles County Juvenile Court Law. Super. Ct. No. 21CCJP00758)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

L.T.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Craig S. Barnes, Judge. Dismissed. Konrad S. Lee, under appointment by the Court of Appeal, for Defendant and Appellant.

Dawyn R. Harrison, Acting County Counsel, Kim Nemoy, Assistant County Counsel, and Jacklyn K. Louie, Deputy County Counsel, for Plaintiff and Respondent. _____________________

On appeal, Mother L.T. challenges the sufficiency of the evidence supporting the juvenile court’s exercise of jurisdiction over her newborn son, K.S., under Welfare and Institutions Code section 300, subdivision (b).1 Notwithstanding that Mother tested negative for each of the four drug tests administered during the dependency proceedings, the juvenile court found jurisdiction was proper based on Mother’s history of methamphetamine use and the termination of Mother’s parental rights relating to K.S.’s siblings, G.S., just three months prior to adjudication, and B.C., approximately a year and a half prior to adjudication, due to Mother’s substance abuse and failure to participate in the case plan.2 While this appeal was pending, the juvenile court placed K.S. with Mother and terminated dependency jurisdiction. Accordingly, Mother’s appeal is moot, and she has not demonstrated any nonspeculative prejudice as a result of the jurisdictional findings. Thus, we dismiss Mother’s appeal.

In re K.S. CA2/1

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

More from California Court of Appeal

Related research

ROTHSCHILD, P. J.

BENDIX, J.

AI Brief