In re M.H. CA4/1

Filed 5/24/23 In re M.H. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 M.H. et al., Persons Coming Under the Juvenile Court Law. D081211 SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, (Super. Ct. No. EJ4774A/B)

Plaintiff and Respondent,

v.

M.L.,

Objector and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Mark T. Cumba, Judge. Affirmed. Monica Vogelmann, under appointment by the Court of Appeal, for Objector and Appellant. Claudia G. Silva, County Counsel, Lisa M. Maldonado, Chief Deputy County Counsel, and J. Jeffrey Bitticks, Deputy County Counsel, for Plaintiff and Respondent.

M.L. appeals from an order denying her request to be declared a de facto parent of her nephews, M.H. and J.H.1 She contends the juvenile court abused its discretion by denying the requests based on its consideration of an improper factor, that the children had not been in her care, and had instead been placed with their father (Father) for the previous six months. The Agency contends, and M.L. now concedes, that the appeal is moot because the juvenile court granted Father custody and terminated jurisdiction the following week. We agree and dismiss the appeal as moot. FACTUAL AND PROCEDURAL BACKGROUND M.L. is the paternal aunt of M.H. and J.H. (the children). The paternal grandmother previously had guardianship of the children, and M.L. lived in the home with them. The children were removed from the paternal grandmother in January 2022. After being returned to the home for a short period of time, the guardianship was terminated and, on May 12, 2022, the children were placed with Father. On October 25, 2022, M.L. filed requests for de facto parent status and de facto parent statements regarding the children. In the parent statement forms, M.L. indicated that she lived with and had responsibility for the day- to-day care of both children for most of their lives, up until May 12, 2022, when they were placed with Father. She claimed she was their primary care provider during the day, due to the paternal grandmother’s work schedule. She said she spent about six to eight hours a day with them, helped them with their homework, read to them at night, and knew their medical histories and educational needs. And, she alleged the children had been “verbally and physically abused” and “emotionally neglected” since being placed in Father’s