Alameda County Social Services Agency v. J.W.
201 Cal. App. 4th 1484
Cal. Ct. App.2011Background
- I.A. (minor) was detained at birth by Alameda County Social Services Agency after testing positive for cocaine.
- Agency alleged Mother abused drugs, plus domestic violence and criminal histories of Mother and Father, to invoke dependency jurisdiction under §300.
- Juvenile court sustained the jurisdictional allegations and detained the minor; paternity was sought for Father.
- Agency’s report detailed Mother’s crack-cocaine use, poor prenatal care, and prior treatment history; Father had a history of arrests and alleged domestic disputes with Mother.
- At the contested hearing, social worker described Father’s demeaning conduct and emotional/psychological abuse toward Mother; Father denied abuse and claimed limited recent contact.
- Dispositional orders placed the minor with Mother, granted reunification services to Mother, and provided visitation to Father; Mother participated in a residential program by the time of dispositional hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Father’s challenge to his jurisdictional findings is justiciable | Father asserts the findings about his conduct are unsupported and seek relief. | Agency urges dismissal for lack of justiciability since relief would be illusory absent challenge to Mother’s basis. | Appeal dismissed for lack of justiciability. |
| Whether the court had valid dependency jurisdiction based on Mother's conduct | Father contends his conduct created the risk justifying jurisdiction. | Mother’s drug abuse alone supports jurisdiction, making Father’s challenge academic. | Court’s jurisdictional ruling cannot be reversed on Father’s isolated challenge; appeal still moot. |
| Whether the appeal can provide any effective relief to Father | A successful challenge could affect placement or reunification decisions. | Any relief would not affect dependency jurisdiction or Father’s parental rights because those depend on the child’s status. | No effective relief available; appeal is nonjusticiable. |
Key Cases Cited
- Costa Serena Owners Coalition v. Costa Serena Architectural Com., 175 Cal.App.4th 1175 (Cal. App. 2009) (mootness and lack of justiciable issues require dismissal)
- In re Anna S., 180 Cal.App.4th 1489 (Cal. App. 2010) (mootness and need for effective relief in dependency appeals)
- In re Joshua G., 129 Cal.App.4th 189 (Cal. App. 2005) (dependency jurisdiction focuses on child; continued review limited when one finding supports jurisdiction)
- In re Claudia S., 131 Cal.App.4th 236 (Cal. App. 2005) (parental conduct findings relate to child’s status; countervailing findings not required for dismissal)
- In re Alexis H., 132 Cal.App.4th 11 (Cal. App. 2005) (jurisdiction over child precedes personal jurisdiction over parents)
- In re J.N., 181 Cal.App.4th 1010 (Cal. App. 2010) (present conditions required for jurisdiction in future proceedings)
- In re Anthony G., 194 Cal.App.4th 1060 (Cal. App. 2011) (review of isolated jurisdictional finding under some circumstances)