In re Jose C.
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The juvenile court sustained the petition filed by the Los Angeles County Department of Children and Family Services alleging that Maira H. and Appellant, had a history of engaging in violent physical and verbal altercations in the presence of the children. At disposition the court declared the children dependents of the court, removed them from Appellant’s care and released them to Maira. Appellant appealed the December 2, 2021, findings and orders. Prior to Appellant’s filing of his opening brief on appeal, the juvenile court terminated its jurisdiction and issued custody orders, based on the parents’ mediated agreement, providing for joint legal and physical custody of the children with their primary residence to be with Maira. The custody orders include a parenting plan that specifies a visitation schedule for Appellant and allows for additional visitation as agreed by both parents. Appellant did not appeal the order terminating jurisdiction or the custody orders. The Department contends termination of dependency jurisdiction moots Appellant’s appeal.
The Second Appellate District agreed with the Department and dismissed Appellant’s appeal as moot. The court explained that although Appellant is no doubt correct that the jurisdiction findings impacted the custody orders entered by the juvenile court, to provide Appellant with effective relief, the court would have to reverse not only the jurisdiction findings and disposition orders but also the orders terminating jurisdiction and determining visitation. Accordingly, the court explained that because he did not appeal the September 22, 2022, custody and visitation orders, those orders are not now before the court or otherwise subject to appellate review.
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