In re Emily L.
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DCFS alleged, and the juvenile court found true, three allegations that mother had physically abused, failed to protect, and medically neglected her daughter, Emily L., within the meaning of Welfare and Institutions Code section 300, subdivision (b). While this appeal was pending, Emily turned 18 and is no longer subject to the jurisdiction of the juvenile court.
The Court of Appeal concluded that, although the appeal is moot as to Emily, the court will exercise its discretion to address the merits. In this case, substantial evidence does not support the jurisdictional finding of the juvenile court. Given the lack of substantial evidence of any risk of future harm to Emily at the time of the jurisdictional hearing, the court concluded that the juvenile court erred in assuming jurisdiction over this action. The court reversed the juvenile court's order asserting jurisdiction, vacated the juvenile court's factual findings, and directed the juvenile court upon remand to dismiss the petition.
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