Fresno County Department of Social Services v. Diane L.

Diane L. appeals from a juvenile court order made pursuant to Welfare and Institutions Code 1 section 387 permanently removing her great-nephew Joel H., bom June 6, 1984, from her physical custody. Pursuant to an earlier juvenile court order for out-of-home placement, appellant had been Joel’s care provider for more than three years. The appeal raises numerous issues, including whether the appellant has standing and a right to court-appointed counsel on appeal, and whether the removal order was supported by substantial evidence. During the pendency of this appeal, the juvenile court terminated its dependency jurisdiction over Joel and returned him to his mother’s custody. On review, we hold: the order terminating Joel’s dependency does not render this appeal moot; Diane L. has standing as Joel H.’s de facto parent to appeal, though she is not entitled to court-appointed appellate counsel; and there was insufficient evidence to support the court’s findings underlying the removal order.

Statement of Case and Facts

In October 1987, three-year-old Joel H., along with his one-and-a-half-year-old half sister, Maryann V., and newborn half sister, Margarita V., were declared…