Contra Costa County Social Service Department v. Jesse W.

Good Law
113 Cal. Rptr. 2d 184·2001 Cal. App. LEXIS 853·2001 D.A.R. 11·2001 Daily Journal DAR 11549·93 Cal. App. 4th 349
Court of Appeal of CaliforniaOctober 29, 2001No. A094156California5,004 words

Opinion

Lead Opinion

Lambden, J.

Jesse W. (father), a parent of three children made dependents of the juvenile court in proceedings initiated in December of 1998, appeals from a final-stage order of January 4, 2001, denying his motion for modification (Welf. & Inst. Code, § 388; all unspecified section references are to this code), appointing his parents guardians of the children, and vacating the dependencies. He claims no substantive error in any aspect of the order itself but claims it is void because of a procedural error committed 18 months earlier, when a referee’s dispositional order on a supplemental petition (§ 387) removed the children from the home of their mother, Jacque C. (mother), without being countersigned by a juvenile court judge as required by section 249. We will reject his challenge.

Background

Petitions for Jessie W. (age four), Jacob W. (age two) and Jasmine W. (age 7 months) were filed by the Contra Costa County Social Service Department (department) first on December 18, 1998. Father and mother had lived together for years with the two older children in the home of the paternal grandparents, Gary and Melanie W. Father had moved out in February 1998, 10 months before the…

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