In Re Miguel A.

Imperial County Department of Social Services v. Catherine A.

Good Law
156 Cal. App. 4th 389·67 Cal. Rptr. 3d 307
Court of Appeal of CaliforniaOctober 24, 2007D050694California2,402 words

Opinion

Opinion

McDONALD, J.

In this case, we consider the question of whether the termination of parental rights in a juvenile dependency case severs the sibling relationship between that child and his or her biological brothers or sisters.

Miguel A., a biological son of Catherine A., appeals the juvenile court’s denial of his Welfare and Institutions Code section 388 petition, which sought visitation with Jose, another biological son of Catherine. Catherine’s parental rights to Jose had been terminated at the time Miguel’s section 388 petition was filed.

The Imperial County Department of Social Services (DSS) argues the appeal should be dismissed because Jose has been adopted, which makes the appeal moot: The juvenile court no longer has jurisdiction in Jose’s case and therefore cannot order visitation with him. (See § 366.3, subd. (a).) However, rather than dismiss the appeal as moot, we choose to retain the case for decision. “We exercise our discretion to decide this otherwise moot case because it raises important issues that are capable of repetition but likely to evade review.” (In re Lemanuel C. (2007) 41 Cal.4th 33, 38, fn. 4 [ 58 Cal.Rptr.3d 597 , 158 P.3d 148 ].)

FACTS

In October 2002…

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.