San Joaquin County Human Services Agency v. Jo. S.

Minor J.S. (minor) and her father Jo. S. (father) appeal from the judgment of disposition and an order denying a motion to dismiss the dependency proceeding brought by respondent San Joaquin County Human *1293 Services Agency (the Agency). 1 (Welf. & Inst. Code, 2 §§ 358, 360, 395.) Minor and father contend the juvenile court erred in denying the Agency’s motion to dismiss. The Agency contends the appeal is moot, but, if not moot, concedes error in the motion’s denial.

As we will explain, we conclude the appeal is not moot and agree with the parties that the juvenile court erred in denying the motion to dismiss. We shall reverse.

FACTUAL AND PROCEDURAL BACKGROUND

The teenage minor 3 was placed in protective custody in July 2010, following mother’s arrest on charges of physical abuse of a minor. Father was in state prison and mother had no stable home. According to the detention report, minor was pregnant and wanted to stay in California to be with her boyfriend rather than join her siblings in Alabama. At the initial hearing, the court declined to order minor detained and returned her to her mother. Mother consented to jurisdiction for purposes of drug court and was…