In re D.W.
Filed 4/9/08 In re D.W. CA1/4
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FOUR
In re D.W., et al., Persons Coming Under the Juvenile Court Law. | |
LAKE COUNTY DEPARTMENT OF SOCIAL SERVICES, Plaintiff and Respondent, v. PATRICK P., et al., Defendants and Appellants. | A117379 (Lake County Super. Ct. No. JV320138) |
In this second of two companion cases,[1]mother Iris P. and Patrick P.the stepfather of minor D.W. and the father of minors K.P. and J.P.each challenge a juvenile court order placing the minors out of their home. Iris and Patrick each appeal from the order entered after the six-month review hearing in this juvenile dependency matter. In the companion appeal, we concluded that the underlying findings of jurisdiction over D.W., K.P. and J.P. were made in violation of Iris and Patricks due process rights. (In re D.W. (Apr. 9, 2008, A115960) [nonpub. opn.].)
The purpose of a review hearing is to review the status of a dependent child. (See Welf. & Inst. Code, 366.21.) A child is not a dependent of the juvenile court unless that court has first made proper jurisdictional findings. (See id., 300.) As the six-month order before us in this appeal is based on jurisdictional findings that we overturned in the companion appeal, the order after the six-month review hearing must likewise be overturned.[2]
DISPOSITION
The order entered after the six-month review hearing is reversed and the matter is remanded to the juvenile court for further proceedings consistent with this opinion and with our decision in the companion appeal. (In re D.W., supra, A115960.)
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Reardon, J.
We concur:
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Ruvolo, P.J.
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Rivera, J.
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[1]We granted Iriss request to take judicial notice of the record in the companion case, No. A115960.
[2]We do not address the merits of any issue raised in this appeal nor the question of whether all or part of the appeal was rendered moot by the juvenile courts return of K.P. and J.P. to their parents at the 12-month review hearing.
