San Diego County Health & Human Services Agency v. Maria S.
Opinion
lead Opinion
McConnell, J.
Maria S. and her children Javier G. and Hector G. purport to appeal jurisdictional findings as to Javier and Hector, issued after the San Diego County Health and Human Services Agency (the Agency) filed a supplemental petition on the boys’ behalf under Welfare and Institutions Code 1 section 387. We hold the jurisdictional findings on a section 387 petition are interlocutory and nonappealable, and issues pertaining to the findings may be challenged on appeal of the dispositional order. We dismiss the appeals for lack of appellate jurisdiction.
FACTUAL AND PROCEDURAL BACKGROUND
Maria has four children: Javier, bom in 1989; Hector, bom in 1991; Nancy, bom in 1992, and Eduardo, bom in 1993. In January 2003 the Agency took the children into protective custody after Maria taped Nancy’s mouth shut and struck her with a sandal. The Agency filed petitions on behalf of Javier and Hector under section 300, subdivision (j), alleging Maria subjected Nancy to inappropriate discipline and the boys were at risk of being abused. The Agency also filed petitions on behalf of Nancy and Eduardo, but they are not involved in these appeals.