In re N.G. CA2/4

Filed 7/11/24 In re N.G. CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

In re N.G., a Person Coming B327646 Under the Juvenile Court Law. (Los Angeles County Super. Ct. Nos. 22CCJP01749, 22CCJP01749A )

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent, v. T.G., et al., Defendants and Appellants.

APPEAL from an order of the Superior Court of Los Angeles County, Jean M. Nelson, Judge. Dismissed. Paul Couenhoven, under appointment by the Court of Appeal, for Appellant mother T.G. Janette Freeman Cochran, under appointment by the Court of Appeal, for Respondent father R.G. No appearance for Plaintiff and Respondent.

Mother T.G. appeals from the juvenile court’s visitation order involving her daughter, N.G. Because N.G. turned 18 while this appeal was pending, we invited the parties to submit supplemental letter briefs addressing whether this matter should be dismissed as moot. Mother has not objected to the dismissal. We therefore dismiss the appeal. FACTUAL BACKGROUND N.G. (born in June 2006) is the daughter of mother and father, R.G. In May 2022, the Los Angeles County Department of Children and Family Services (DCFS) filed a dependency petition on behalf of N.G. under Welfare and Institutions Code section 300, subdivisions (a), (b)(1), (c), and (d).1 The petition alleged that mother physically abused N.G. (counts a-1 and b-2), mother and stepfather, A.G., engaged in violent physical altercations in N.G.’s presence (counts a-2 and b-3), stepfather sexually abused N.G. (counts b-1 and d-1), mother medically neglected N.G. by failing to provide mental health treatment (count b-4), mother

1 All further statutory references are to the Welfare and Institutions Code unless otherwise indicated.

2

failed protect N.G. from stepfather’s alcohol and marijuana use (count b-5), and mother emotionally abused N.G. (count c-1). The petition also alleged that father failed to protect N.G. from the sexual and physical abuse. At the adjudication and disposition hearing in August 2022, the court sustained the allegations in the petition as to mother and dismissed the allegations as to father. The court exercised jurisdiction over N.G., ordered her removed from mother, and placed her with father. N.G. then moved to father’s home in Georgia. At a review hearing on February 22, 2023, the court found the conditions that justified jurisdiction no longer existed as N.G. was doing well with father. The court terminated jurisdiction with sole legal and physical custody to father. The court awarded mother monitored in-person and telephonic visitation with N.G. subject to father’s discretion. Specifically, the court stated that father had discretion as to whether mother’s visits were monitored and “where they occur,” as well as discretion to “set up phone calls with mother and [N.G.] and the conditions for those.” Mother appealed. DISCUSSION On appeal, mother challenges the portion of the court’s February 22, 2023 order setting the terms of her visitation. Specifically, she argues that by failing to specify a minimum frequency or duration for visitation and leaving the scheduling at father’s discretion, the court delegated to father “the authority to deny Mother any visitation with N.G. whatsoever.” N.G. turned 18 in June 2024, while this appeal was pending. We therefore requested letter briefs from the parties