Department of Children & Family Services v. Derek S.

Good Law
2000 Cal. App. LEXIS 628·2000 Daily Journal DAR 8813·82 Cal. App. 4th 1224·98 Cal. Rptr. 2d 816·2000 Cal. Daily Op. Serv. 6696
Court of Appeal of CaliforniaAugust 9, 2000No. B135000California2,132 words

Opinion

Lead Opinion

Vogel, J.

Appellant has taken the law into his own hands. He has absconded with his daughter, a minor and dependent child, who was placed in a foster home pursuant to an order of the juvenile court. We conclude that appellant may not obtain review of the juvenile court’s order and at the same time be in contempt of the very order from which he appeals'. We therefore will dismiss the appeal.

Summary of Facts and Proceedings

We summarize the factual background of this appeal simply as a prelude to its dismissal. Appellant Derek S. is the father of Kamelia S., bom in January 1997. The minor’s mother, Sonya C., is manic-depressive. A psychiatrist had prescribed medication for her condition. On November 18, 1997, Sonya C. suffered a manic episode, which resulted in injuries to Kamelia S. On December 4, 1997, the Los Angeles County Department of Children and Family Services (DCFS) took Kamelia S. into custody and placed her with appellant.

A petition pursuant to Welfare and Institutions Code section 300 was filed. 1 Later a dispositional social study was submitted. On January 6, 1998, the court sustained the petition as amended pursuant to In re Malinda S. (1990) 51 Cal.3d 368 [ 272…

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