San Diego County Health and Human Services Agency v. Leeanna A.

Good Law
120 Cal. App. 4th 521
Court of Appeal of CaliforniaJuly 8, 2004Nos. D042403, D042787; No. D042787; No. D043040California11,472 words

Opinion

lead Opinion

Huffman, J.

*527 Opinion

These proceedings concern three children: Miguel E., bom in September 1995; Aaron A., bom in August 2000; and C.A., bom in June 2002. Their mother, Leeanna A. (Mother), along with Miguel and the children’s maternal grandmother and maternal step-grandfather, Deborah and John V. (individually, Grandmother and Grandfather; together, Grandparents), 1 appeal the June 17, 2003 order removing all three children from Grandmother pursuant to Welfare and Institutions Code section 387. 2 Appellants contend the removal was erroneous for numerous reasons. Mother additionally contends that, in Aaron’s case, the court failed to comply with the notice requirements of the Indian Child Welfare Act (ICWA) ( 25 U.S.C. § 1901 et seq.). Miguel has filed a petition for writ of habeas corpus seeking relief from the purportedly untimely filing of his notice of appeal. The Agency has filed two dismissal motions: the first requests that Miguel’s appeal be dismissed as untimely and Grandparents’ appeal be dismissed for lack of standing; the second requests that all the appeals be dismissed as to C.A.

We deny Miguel’s petition as moot and dismiss Grandparents’ appeal for lack of standing.…

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