Los Angeles County Department of Children & Family Services v. Shanna B.

In the first of two consolidated appeals filed in this juvenile dependency case, Shanna B. (mother) challenges a predispositional restraining order issued against her pursuant to Welfare and Institutions Code section 213.5. (All further statutory references are to the Welfare and Institutions Code unless otherwise indicated.) She contends that violent behavior is a prerequisite for the issuance of a restraining order, and because she neither engaged in nor threatened violence, the restraining order was not supported by substantial evidence, and the juvenile court acted in excess of its jurisdiction in issuing it. The second appeal challenges the court’s orders at disposition maintaining the restraining order in full force and effect.

Respondent seeks dismissal of the appeals, asserting that the issues are moot because the restraining order expired on its own terms on June 7, 2004. 1 Because the issuance of the restraining order could have consequences for mother in this and future court proceedings, we find that the issues presented in mother’s first appeal are not moot and warrant review on the merits. However, mother’s second appeal from the juvenile court’s orders…