In re Erick R.G. CA2/1

California Court of Appeal Apr 27, 2023 No. B319830Unpublished

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Holding. The court dismissed the mother's appeal as moot because the juvenile court had already terminated jurisdiction and awarded her sole legal and physical custody, and the court declined to exercise its discretion to review the merits.

Issues

Whether an appeal from a jurisdictional finding is moot when the juvenile court has terminated jurisdiction and awarded the appellant sole custody.
Whether the court should exercise its discretion to review a moot appeal regarding a jurisdictional finding of failure to protect.

Disposition. dismissed

Quotations verified verbatim against the opinion

“We agree with DCFS that Mother’s appeal is moot and decline to exercise our discretion to consider its merits.”

“On balance, after considering all of the pertinent factors and the totality of the evidence in the record, we conclude that discretionary review of Mother’s moot appeal is not warranted.”

Filed 4/27/23 In re Erick R.G. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Erick R.G., B319830

a Person Coming Under the (Los Angeles County Juvenile Court Law. Super. Ct. No. 22CCJP00374)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

A.G.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Mary E. Kelly, Judge. Dismissed. Erin Riley Khorram, under appointment by the Court of Appeal, for Defendant and Appellant.

Dawyn R. Harrison, Interim County Counsel, Kim Nemoy, Assistant County Counsel, Jacklyn K. Louie, Principal Deputy County Counsel, for Plaintiff and Respondent. ____________________

MEMORANDUM OPINION As this appeal is determined by a recent controlling decision of our Supreme Court, In re D.P. (2023) 14 Cal.5th 266 (D.P.), we decide this matter by memorandum disposition. (Cal. Stds. Jud. Admin., § 8.1.) A.G. (Mother) appeals from a findings and order made by the juvenile court at the adjudication and disposition hearing on March 30, 2022, pursuant to which the juvenile court assumed jurisdiction over her child, Erick R.G. (born in 2021). At that hearing, the court sustained a Welfare and Institutions Code1 section 300 petition regarding then seven-month-old Erick. As to Erick’s father, Johnny R. (Father), the court sustained allegations that Father committed domestic violence against Mother (§ 300, subd. (b)(1); count b-1), and that Father’s drug use posed a substantial risk to the child and rendered Father unable to provide regular care to the child (§ 300, subd. (b)(1); count b-2). The court also sustained an allegation that Mother failed to protect Erick from Father’s drug use (§ 300, subd. (b)(1); count b- 2). Father has not appealed; thus, only the failure to protect jurisdictional finding against Mother is at issue in this appeal. While this appeal was pending, at a section 364 hearing on January 5, 2023, the juvenile court terminated jurisdiction

In re Erick R.G. CA2/1

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

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