In re Michael H., Jr.

Michael H. v. Los Angeles County Department of Children & Family Services

Good Law
178 Cal. Rptr. 3d 71·2014 Cal. App. LEXIS 858·229 Cal. App. 4th 1366·14 Cal. Daily Op. Serv. 11
Court of Appeal of CaliforniaSeptember 22, 2014B249243California3,696 words

Opinion

Opinion

Segal, J.

INTRODUCTION

The dependency statutes authorize designated social workers to petition the juvenile court to declare a child a dependent of the court. These statutes also permit private individuals, including a parent, to petition the social worker to file a dependency petition. If, after conducting an investigation, the social worker declines to do so, the concerned individual can seek review of that decision in the juvenile court. If the juvenile court affirms the social worker’s decision, no dependency petition is filed. Is that decision of the juvenile court an appealable order? We conclude it is not, and therefore dismiss a father’s appeals from two orders affirming the decisions of social workers not to commence dependency proceedings on behalf of his sons.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Family

Michael H., Sr. (Michael H.), and his former wife, Kelly J., are the parents of Michael H., Jr. (Michael), and Quincy H. (Quincy). The parents have a history of domestic violence and live separately. In June 2010 the family law court awarded the parents joint legal and physical custody of the children and specified the times the children could be with each…

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