In re J.A. CA4/1

Good Law
Court of Appeal of CaliforniaApril 29, 2025D084949California320 words

Opinion

Opinion

discussion of the factual and procedural background to that which is necessary for context and to resolve the relevant issues. (People v. Garcia (2002) 97 Cal.App.4th 847, 851.)

2 obliged to demonstrate initial inquiry under ICWA. We agree with the parties. An appeal in a dependency case is moot if, due to subsequent events, the court can no longer grant the appellant any effective relief—even if appellant wins. (In re D.P. (2023) 14 Cal.5th 266, 276.) Relief is considered effective only if there is (1) an ongoing harm that is (2) capable of being remedied by the outcome sought. (Ibid.) Even if an appeal is technically moot, we may still choose to review its merits. (Id. at p. 282.) Several factors that may justify discretionary review include whether the finding could prejudice the appellant, affect current or future dependency proceedings, or have other consequences beyond jurisdiction; whether the conduct at issue is especially harmful or stigmatizing; and whether the findings involve more serious conduct by the appealing parent. (Id. at pp. 285–286.) We conclude Father’s appeal from the order declining to return J.A. to his custody is moot because the January order returned…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.