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In re A.W.

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX
Jan 18, 2012
2d Juv. No. B232969 (Cal. Ct. App. Jan. 18, 2012)

Opinion

2d Juv. No. B232969

01-18-2012

In re A.W., a Person Coming Under the Juvenile Court Law. SAN LUIS OBISPO COUNTY DEPARTMENT OF SOCIAL SERVICES, Plaintiff and Respondent, v. CHELSEA D., Defendant and Appellant.

Lee S. Gulliver, under appointment by the Court of Appeal, for Defendant and Appellant. Warren R. Jensen, County Counsel and Leslie H. Kraut, Deputy County Counsel, for Plaintiff and Respondent


NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Super. Ct. No. JV47703) (San Luis Obispo County


ORDER

Chelsea D. (mother) appeals from the juvenile court order terminating her parental rights to her children Audrey W., Nathaniel W. and Julia W. (Welf. & Inst. Code, § 366.26.) She contends that the San Luis Obispo County Department of Social Services (Department) failed to comply with the notice provisions of the Indian Child Welfare Act (ICWA). We dismiss the appeal.

All statutory references are to the Welfare and Institutions Code except as otherwise indicated.

On November 3, 2008, following mother's arrest for drug offenses, the Department filed a nondetained petition alleging parents' failure to protect and support three-year-old Audrey, fifteen-month-old Nathaniel and three-month-old Julia. (§ 300, subds. (a) & (g).) Their father, Jason W. is not a party to this appeal.

On January 27, 2009, the juvenile court held a disposition hearing, declared the children dependents and ordered reunification services for mother. It conducted further proceedings throughout 2009. On January 12, 2010, the court heard combined contested proceedings regarding the Department's recommendation that the court terminate parental rights and find the children to be adoptable pursuant to section 366.26, as well as other matters. On March 21, 2011, the court ruled that the children were adoptable, and terminated the parental rights of mother and father.

On July 15, 2011, the Honorable Dodie Harmon, Superior Court Judge, signed orders finalizing the adoption of Audrey W., Nathaniel W., and Julia W. On July 21, 2011, the Department filed an ex parte application asking the superior court to "dismiss dependency, terminate jurisdiction, and vacate all future hearings." The superior court ordered the "petitions . . . dismissed and dependency and jurisdiction . . . terminated," and vacated "any future hearings . . . as to Audrey, Nathaniel and Julia [W.]"

On August 30, 2011, Leslie H. Kraut, counsel for the Department, executed a declaration in support of a request for an extension of time. She declared that it had been "brought to [her] attention that the superior court and the Department, unbeknownst to [its counsel], finalized the adoption in this matter on July 15, 2011." Her declaration was served on all parties, through counsel, including counsel for mother, Lee S. Gulliver, on August 30, 2011. This court set oral argument for December 14, 2011. Ms. Kraut and Ms. Gulliver waived oral argument. The dependency proceeding is no longer on-going. Mother did not seek a stay in this court, the juvenile court, or the superior court of any of the orders concerning the children's adoption, or the dependency proceedings. Her appeal is moot in view of the just-described orders.

DISPOSITION

The appeal is dismissed.

NOT TO BE PUBLISHED.

COFFEE, J.

We concur:

YEGAN, J. Acting P.J.

PERREN, J.

Ginger E. Garrett, Judge


Superior Court County of San Luis Obispo

Lee S. Gulliver, under appointment by the Court of Appeal, for Defendant and Appellant.

Warren R. Jensen, County Counsel and Leslie H. Kraut, Deputy County Counsel, for Plaintiff and Respondent


Summaries of

In re A.W.

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX
Jan 18, 2012
2d Juv. No. B232969 (Cal. Ct. App. Jan. 18, 2012)
Case details for

In re A.W.

Case Details

Full title:In re A.W., a Person Coming Under the Juvenile Court Law. SAN LUIS OBISPO…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX

Date published: Jan 18, 2012

Citations

2d Juv. No. B232969 (Cal. Ct. App. Jan. 18, 2012)