Silva

Silva v. Eileen Y.

Good Law
1990 Cal. App. LEXIS 943·223 Cal. App. 3d 298·272 Cal. Rptr. 733
Court of Appeal of CaliforniaAugust 30, 1990No. H005756California2,047 words

Opinion

Lead Opinion

Elia, J.

*300 Opinion

We publish this troubling and tragic case, as the First Appellate District published In re Danielle M. (1989) 215 Cal.App.3d 1267 [264 CaI.Rptr. 247], to illustrate the practical futility of the present procedure for appellate review in juvenile dependency cases, and to underline the fragility of the interests such appeals are designed to protect. One distinguished jurist in this district has already spoken eloquently on this subject. (Cf. In re Micah S. (1988) 198 Cal.App.3d 557 [243 CaI.Rptr. 756] [Brauer, J., conc.].) The lesson bears repeating, however.

On the merits of this appeal, we are asked to invalidate a trial court finding underlying a dispositional order in a juvenile dependency case. Despite the invalidity of the challenged finding, we will affirm the dispositional order.

Factual and Procedural Background

Tiffany Y. was born on January 9, 1989, the child of appellant Eileen Y. and Alvia Y., who is not a party to this appeal. She was placed in protective custody on the day of her birth.

The background of this precipitous placement is as follows: Appellant is the mother of three daughters; Joanna, Stacy, and Tiffany Y. On November 14, 1987, Joanna,…

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