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In re D.W.

California Court of Appeals, First District, Fourth Division
Apr 9, 2008
No. A117379 (Cal. Ct. App. Apr. 9, 2008)

Opinion


In re D.W., et al., Persons Coming Under the Juvenile Court Law. LAKE COUNTY DEPARTMENT OF SOCIAL SERVICES, Plaintiff and Respondent, v. PATRICK P., et al., Defendants and Appellants. A117379 California Court of Appeal, First District, Fourth Division April 9, 2008

NOT TO BE PUBLISHED

Lake County Super. Ct. No. JV320138

Reardon, J.

In this second of two companion cases, mother Iris P. and Patrick P.—the stepfather of minor D.W. and the father of minors K.P. and J.P.—each challenge a juvenile court order placing the minors out of their home. Iris and Patrick each appeal from the order entered after the six-month review hearing in this juvenile dependency matter. In the companion appeal, we concluded that the underlying findings of jurisdiction over D.W., K.P. and J.P. were made in violation of Iris and Patrick’s due process rights. (In re D.W. (Apr. 9, 2008, A115960) [nonpub. opn.].)

We granted Iris’s request to take judicial notice of the record in the companion case, No. A115960.

The purpose of a review hearing is to review the status of a dependent child. (See Welf. & Inst. Code, § 366.21.) A child is not a dependent of the juvenile court unless that court has first made proper jurisdictional findings. (See id., § 300.) As the six-month order before us in this appeal is based on jurisdictional findings that we overturned in the companion appeal, the order after the six-month review hearing must likewise be overturned.

We do not address the merits of any issue raised in this appeal nor the question of whether all or part of the appeal was rendered moot by the juvenile court’s return of K.P. and J.P. to their parents at the 12-month review hearing.

DISPOSITION

The order entered after the six-month review hearing is reversed and the matter is remanded to the juvenile court for further proceedings consistent with this opinion and with our decision in the companion appeal. (In re D.W., supra, A115960.)

We concur: Ruvolo, P.J., Rivera, J.


Summaries of

In re D.W.

California Court of Appeals, First District, Fourth Division
Apr 9, 2008
No. A117379 (Cal. Ct. App. Apr. 9, 2008)
Case details for

In re D.W.

Case Details

Full title:LAKE COUNTY DEPARTMENT OF SOCIAL SERVICES, Plaintiff and Respondent, v…

Court:California Court of Appeals, First District, Fourth Division

Date published: Apr 9, 2008

Citations

No. A117379 (Cal. Ct. App. Apr. 9, 2008)

Citing Cases

In re D.W.

In the companion appeal, Patrick and Iris challenge that order. (In re D.W. (Apr. 9, 2008, A117379)…