In re Baby Girl H.G. CA2/3

California Court of Appeal May 23, 2024 No. B330618Unpublished

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Holding. The court dismissed the mother's appeal of dependency jurisdictional findings because she failed to raise a justiciable issue, as the court's jurisdiction remained supported by other unchallenged findings.

Issues

Whether the mother's challenge to specific jurisdictional findings presents a justiciable issue when other unchallenged findings support the court's jurisdiction.
Whether the court should exercise its discretion to reach the merits of the appeal despite the lack of a practical, tangible impact on the mother's legal status.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“We conclude mother has not raised a justiciable issue, and therefore we dismiss the appeal.”

“Striking the particular jurisdictional allegations as mother requests “would have neither legal nor practical consequence,” and therefore would not grant mother effective relief.”

“Even if a court in a future proceeding considered the challenged individual findings as true, it would be obligated to independently assess then existing circumstances to evaluate risk of harm to the minor.”

Filed 5/23/24 In re Baby Girl H.G. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

B330618 In re Baby Girl H.G., a Person Coming Under the Juvenile Court (Los Angeles County Law. Super. Ct. No. 23CCJP00686A)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

H.G.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, Charles Q. Clay, Judge. Dismissed. Roni Keller, under appointment by the Court of Appeal, for Defendant and Appellant.

Dawyn R. Harrison, County Counsel, Kim Nemoy, Assistant County Counsel, and Sarah Vesecky, Deputy County Counsel, for Plaintiff and Respondent.

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Appellant H.G. (mother) appeals from juvenile court jurisdictional findings and disposition orders asserting dependency jurisdiction over minor Baby Girl H.G. We dismiss the appeal. FACTUAL AND PROCEDURAL BACKGROUND In February 2023, the Los Angeles County Department of Children and Family Services (DCFS) received a referral alleging mother was incapable of caring for newborn Baby Girl H.G. Mother had arrived at the hospital in labor and, despite medical professionals indicating that her life and the baby’s life were in danger because labor was not progressing, mother refused an emergency cesarean section. Medical professionals determined mother lacked capacity, conducted an emergency cesarean section, and placed mother on a psychiatric hold. A psychiatric evaluation concluded mother was exhibiting delusional behavior, was evasive, and her underlying psychiatric issues were interfering with her ability to receive care she needed and to make sure the minor was safe. DCFS requested an expedited removal order. The juvenile court authorized the removal of the minor from mother and A.B., the presumed father.1 DCFS subsequently filed a petition alleging, in three separate counts, (1) mother had a history of mental illness,

In re Baby Girl H.G. CA2/3

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

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