In re K.P. CA4/1

California Court of Appeal Jul 28, 2022 No. D079785Unpublished

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Holding. The court dismissed the appeals as moot because the juvenile court had already terminated its jurisdiction, rendering it impossible for the appellate court to grant effective relief.

Issues

Whether an appeal from a juvenile court's jurisdictional and dispositional orders is rendered moot by the subsequent termination of jurisdiction.
Whether the court should exercise its discretion to review a moot jurisdictional finding based on the potential for future recurrence or adverse impact.

Disposition. dismissed

Quotations verified verbatim against the opinion

“An appeal becomes moot when, through no fault of the respondent, the occurrence of an event renders it impossible for the appellate court to grant the appellant effective relief.”

“As a general rule, an order terminating juvenile court jurisdiction renders an appeal from a previous order in the dependency proceedings moot.”

“We conclude there is no effective relief we could grant Mother regarding the jurisdictional finding and order. Mother’s appeal is therefore moot, and dismissal is proper.”

Filed 7/28/22 In re K.P. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re K.P., a Person Coming Under the Juvenile Court Law. D079785 SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, (Super. Ct. No. J520760)

Plaintiff and Respondent,

K.R. et al.,

Defendants and Appellants.

APPEALS from an order of the Superior Court of San Diego County, Rohanee Zapanta, Judge. Dismissed.

Suzanne M. Davidson, under appointment by the Court of Appeal, for Defendant and Appellant K.P. Diana W. Prince, under appointment by the Court of Appeal, for Defendant and Appellant K.R. Lonnie J. Eldridge, County Counsel, Caitlin E. Rae, Chief Deputy County Counsel, and Emily Harlan, Senior Deputy County Counsel, for Plaintiff and Respondent.

K.R. (Mother) appeals from the juvenile court’s order1 sustaining the petition of the San Diego County Health and Human Services Agency (Agency) under Welfare and Institutions Code section 300, subdivision (b)

and assuming jurisdiction over her minor child, K.P.2 Mother contends there was no substantial evidence to support the true jurisdictional finding. Both Mother and K.P. also appeal from the juvenile court’s dispositional order declaring K.P. a dependent of the juvenile court and ordering family maintenance services. Mother and K.P. contend that the juvenile court should have instead ordered informal supervision under section 360, subdivision (b). The Agency disagrees, but primarily contends that because the court subsequently terminated its jurisdiction, the appeals are moot. Minor agrees that her appeal is moot. Mother, however, contends that we should exercise our discretion to resolve Mother’s appeal. We agree with the Agency and dismiss the appeals as moot. PROCEDURAL AND FACTUAL BACKGROUND On May 17, 2021, seven-month-old K.P. was admitted to the hospital, where a CT scan revealed a brain bleed; an MRI showed chronic and acute brain hemorrhaging; and a skeletal survey showed a fractured left arm that was approximately three to four weeks old. On June 4, 2021, the Agency filed a petition in which it outlined these injuries and alleged under section 300,

In re K.P. CA4/1

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COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

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