CHILDREN AND THE LAW
...Dependency Petitions
......Appellate Review
.........Mootness
 11 Cards On This Topic:
  • Court of Appeal declined to exercise discretion to review jurisdictional findings after custody given to mother and dependency dismissed as no effective relief could be granted and appeal was moot.
  • SSA's motion to take additional evidence and dismiss mother's appeal denied where CACI report and referral printouts were not postjudgment evidence and therefore would not cause the appeal to become moot.
  • Jurisdict'l and disposit'l orders reversed where no risk factors justified declaring Cs dependents; issues not moot because findings as to F, if erroneous, could have severe and unfair consequences in future proceedings.
  • Dependency appeal dismissed as moot where appellant F died while appeal pending; even should C not receive survivor benefits, C's best interests compelled conclusion that finality of the case and adoption outweighed such risk.
  • Because expired restraining order could have consequences for mother in court proceedings, issues in her 1st appeal not moot; 2d appeal of disposition orders keeping RO in effect was moot by expiration.
  • Child's appellate attorney could seek dismissal of appeal as moot based on changed circumstances.
  • Agency's motion to dismiss parties' appeals as to one C denied where, even if potential placement with F succeeded, leaving order removing C from GPs intact could limit C's ability to have full visitation with GPs.
  • Mother appealed from denial of Welf. & Inst. §388 petition, but not from order terminating parental rights; as rights could not be restored, hearing futile and appeal dismissed as moot.
  • Objections to rulings made at referral hearing must be raised by writ petition before selection & implementation hearing or they become moot.
  • Where order spoke of only a "ninety day trial home visit" to commence in spring of previous year, any issue relating to propriety of idea moot.
  • An issue is not moot if the purported error infects the outcome of subsequent proceedings.


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