In re T.A. CA4/1
- Proceeding
- appeal from an order
- Trial court
- Superior Court of San Diego County · No. EJ3486
- Trial judge
- Elizabeth A. Riggs
- Outcome
- dismissed — Dismissed.
- Area
- dependency
- Panel
- O'Rourke (author), Alex C. McDonald, Cynthia Aaron
Analysis
The trial court issued a dispositional order removing custody of the minor from the parents, who subsequently appealed. The appellate court dismissed the appeal as moot because the minor turned 18 and the juvenile court terminated its jurisdiction.
| Ruling reviewed | Standard | The court | The model |
|---|---|---|---|
Dismissal of appeal as moot“We grant the Agency's motion and dismiss the appeals as moot. (See In re C.C. (2009) 172 Cal.App.4th 1481, 1488 ["As a general rule, an order terminating juvenile court jurisdiction renders an appeal from a previous order in the dependency proceedings moot."])” | unclear | correct | agree with court The court correctly applied the general rule that the termination of juvenile court jurisdiction due to the minor reaching the age of majority renders pending appeals from prior dependency orders moot, as the court no longer has the power to grant effective relief. |
Authorities
- relied: In re C.C. (2009) 172 Cal.App.4th 1481 — An order terminating juvenile court jurisdiction renders an appeal from a previous order in the dependency proceedings moot.
- relied: In re Karen G. (2004) 121 Cal.App.4th 1384 — Supports the procedural authority for the court to take judicial notice of the juvenile court's order terminating jurisdiction.
The appellate opinion: sound — The opinion is procedurally sound as it correctly identifies the mootness of the appeal based on the termination of jurisdiction. It relies on established California authority to support the dismissal.
How this analysis was made · dispute it
unusual dispositionThe juvenile court entered a dispositional order removing custody of 17-year-old T.A. from her parents, R.M. and M.A., who appealed. After T.A. turned 18 and the juvenile court terminated jurisdiction, the Court of Appeal granted the Agency's unopposed motion and dismissed the appeals as moot.
| Ruling reviewed | Standard | The court | The model |
|---|---|---|---|
Dispositional order removing custody of T.A. from her parents (not reviewed on the merits; appeals dismissed as moot after the juvenile court terminated jurisdiction)“We grant the Agency's motion and dismiss the appeals as moot.” | unclear | not reached | agree with court The court did not reach the merits of the removal order. It applied the general rule from In re C.C. that termination of juvenile court jurisdiction renders an appeal from a prior dependency order moot, took judicial notice of the May 14, 2014 termination order, and noted the parents did not oppose dismissal. Given the minor's age of majority and the unopposed motion, dismissal is a correct application of mootness doctrine; the court did not expressly discuss the discretionary exception for issues of continuing public importance or collateral consequences, but nothing in the opinion suggests such an argument was raised. |
Authorities
- relied: In re C.C. (2009) 172 Cal.App.4th 1481 — As a general rule, an order terminating juvenile court jurisdiction renders an appeal from a previous order in the dependency proceedings moot.
- relied: In re Karen G. (2004) 121 Cal.App.4th 1384 — An appellate court may take judicial notice of subsequent juvenile court orders, such as an order terminating jurisdiction, in determining mootness.
The appellate opinion: sound — The opinion correctly applies the established rule that termination of dependency jurisdiction moots an appeal from an earlier order, supported by In re C.C. and judicial notice of the termination order under In re Karen G. The result is defensible and unopposed, though the court did not expressly consider whether any exception to mootness applied; given no opposition, that omission is not significant.
Opinion
Filed 6/5/14 In re T.A. 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 T.A., a Person Coming Under the Juvenile Court Law. D065347 SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, (Super. Ct. No. EJ3486) Plaintiff and Respondent, v. R.M. et al., Defendants and Appellants.
APPEALS from an order of the Superior Court of San Diego County, Elizabeth A.
Riggs, Judge. Dismissed.
Christy C. Peterson, under appointment by the Court of Appeal, for Defendant and Appellant R.M.
Patti L. Dikes, under appointment by the Court of Appeal, for Defendant and Appellant M.A. Thomas E. Montgomery, County Counsel, John E. Philips, Chief Deputy County Counsel, and Lisa M. Maldonado, Deputy County Counsel, for Plaintiff and Respondent.
R.M. and M.A. are the parents of T.A., who was 17 years old when the San Diego County Health and Human Services Agency (Agency) filed the underlying dependency petition. The parents appealed the juvenile court's dispositional order removing custody of T.A. from them. The Agency moved to dismiss the appeals as moot because T.A. has since turned 18 and the juvenile court has terminated jurisdiction over her.1 The parents do not oppose the Agency's motion. We grant the Agency's motion and dismiss the appeals as moot. (See In re C.C. (2009) 172 Cal.App.4th 1481, 1488 ["As a general rule, an order terminating juvenile court jurisdiction renders an appeal from a previous order in the dependency proceedings moot."].)
DISPOSITION
The appeals are dismissed.
O'ROURKE, J. WE CONCUR:
MCDONALD, Acting P. J.
AARON, J.
1 We grant the Agency's request to take judicial notice of the juvenile court's May 14, 2014, order terminating jurisdiction. (See, e.g., In re Karen G. (2004) 121 Cal.App.4th 1384, 1390.) 2
Cites, in this corpus
- Karen G. v. Susana O. G033340 · 2004-08-31