In re R.J. CA4/2

I. INTRODUCTION

R.J. (father) appeals from an order of the juvenile court denying his petition under

Welfare and Institutions Code1 section 388. However, after the order appealed from, the

juvenile court terminated father’s parental rights, and father failed to appeal from the

termination order, which has become final. Accordingly, there is no effective relief that

we could grant father on his appeal from the section 388 order. Because father’s appeal

is moot, we will dismiss it.

II. FACTS AND PROCEDURAL BACKGROUND

Because we dismiss the appeal on procedural grounds, we will set forth the facts

summarily.

San Bernardino County Children and Family Services (CFS) filed a petition in

December 2009 under section 300 as to Ro.J. (born in 2003) and his two half siblings,

who are not subjects of this appeal, alleging as to father that he failed to protect Ro. from

the mother’s neglect (§ 300, subd. (b).) The court found a prima facie case and detained

Ro. An amended petition was filed, alleging father’s ability to care for Ro. was unknown

(§ 300, subd. (g)) and Ro. was at risk because a sibling was removed from the home for

failure to thrive (§ 300, subd. (j).) Father was…