Mono County Department of Health & Human Services v. Cluster B.

Good Law
172 Cal. App. 4th 1261·2009 Cal. App. LEXIS 492·92 Cal. Rptr. 3d 80
Court of Appeal of CaliforniaApril 8, 2009No. C058116California1,775 words

Opinion

lead Opinion

Robie, J.

Cluster B., father of the minor, appeals from findings and orders made at a status review hearing and from an order granting respondent’s petition for modification. (Welf. & Inst. Code, 1 §§ 366.3, 388, 395.) Appellant contends the juvenile court abused its discretion in granting the petition for modification brought by the Mono County Department of Health and Human Services (the department) to rescind a prior order for a psychological examination of the minor and thereby erred in finding the department provided adequate services to the minor. Appellant also argues the court failed to comply with the notice provisions of the Indian Child Welfare Act of 1978 (ICWA). ( 25 U.S.C. § 1901 et seq.) Because appellant lacks standing as to the former issues and the latter issue is not cognizable in this appeal, we dismiss the appeal.

FACTUAL AND PROCEDURAL HISTORY

Due to the limited scope of this appeal, an extensive recitation of the facts of the dependency proceeding is unnecessary.

Suffice it to say that the minor suffered severe neglect and physical abuse as early as 1994 at the hands of her biological mother, and was placed with appellant in 1998. Problems arose in 1999…

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