In re Mason C. CA2/7

California Court of Appeal Jul 12, 2023 No. B318507Unpublished

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Holding. The court dismissed the mother's appeal of dependency jurisdiction findings as moot because the juvenile court had already terminated jurisdiction and granted the mother custody, and the court declined to exercise its discretion to review the merits.

Issues

Whether an appeal of dependency jurisdiction findings is moot when the juvenile court has terminated jurisdiction and granted the parent custody.
Whether the court should exercise its discretion to review a moot dependency appeal based on potential future prejudice or public interest.

Disposition. Dismissed as moot.

Quotations verified verbatim against the opinion

“Because we can provide no effective relief to Darlene—that is, relief that “‘can have a practical, tangible impact on the parties’ conduct or legal status’” (In re D.P., supra, 14 Cal.5th at p. 277)—her appeal is moot.”

“The Supreme Court held the type of speculative future harm posited by Darlene is insufficient to avoid mootness.”

“Exercise of our discretionary authority to consider the merits of Darlene’s moot appeal is not warranted.”

Filed 7/12/23 In re Mason C. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

In re MASON C. et al., Persons B318507 Coming Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. 21CCJP03450A-C) LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

DARLENE C.,

Defendant and Appellant.

APPEALS from orders of the Superior Court of Los Angeles County, Martha Matthews and Nancy Ramirez, Judges. Dismissed as moot.

David M. Thompson, under appointment by the Court of Appeal, for Defendant and Appellant. Dawyn R. Harrison, County Counsel, Kim Nemoy, Assistant County Counsel and Tracey Dodds, Principal Deputy Counsel, for Plaintiff and Respondent. _______________________________ The juvenile court in February 2022 declared then-10-year- old Mason C., two-year-old Mariah A. and seven-month-old Marisol G. dependent children of the court after sustaining allegations pursuant to Welfare and Institutions Code former section 300, subdivision (b)(1),1 that Marisol had a positive

1 Senate Bill No. 1085 (2021-2022 Reg. Sess.) (Stats. 2022, ch. 832, § 1), effective January 1, 2023, amended Welfare and Institutions Code section 300, in part, by rewriting subdivision (b)(1), to now provide in separate subparagraphs that a child comes within the jurisdiction of the juvenile court if “(1) The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness, as a result of any of the following: [¶] (A) The failure or inability of the child’s parent or guardian to adequately supervise or protect the child. [¶] (B) The willful or negligent failure of the child’s parent or guardian to adequately supervise or protect the child from the conduct of the custodian with whom the child has been left. [¶] (C) The willful or negligent failure of the parent or guardian to provide the child with adequate food, clothing, shelter, or medical treatment. [¶] (D) The inability of the parent or guardian to provide regular care for the child due to the parent’s or guardian’s mental illness, developmental disability, or substance abuse.” New section 300, subdivision (b)(2), provides, “(2) A child shall not be found to be a person described by this subdivision solely due to any of the following: [¶] (A) Homelessness or the

In re Mason C. CA2/7

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

DARLENE C.,

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