Fear Not Law Articles: In re Jay J.

In re Jay J.

Filed 4/29/08 In re Jay J. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

In re JAY J., a Person Coming Under the Juvenile Court Law.

ORANGE COUNTY SOCIAL SERVICES AGENCY,

Plaintiff and Respondent,

ZACHARY M.,

Defendant and Appellant.

G039516

(Super. Ct. No. DP015735)

O P I N I O N

Appeal from an order of the Superior Court of Orange County, John C. Gastelum, Judge. Appeal dismissed as moot.

Roni Keller, under appointment by the Court of Appeal, for Defendant and Appellant.

Benjamin P. de Mayo, County Counsel, and Karen L. Christensen, Deputy County Counsel, for Plaintiff and Respondent.

* * *

Zachary M. appeals from the juvenile courts jurisdictional and dispositional orders concerning Jay J., who is now 10 months old. Orange County Social Services Agency (SSA) alleged Zachary was Jays father. The juvenile court sustained jurisdiction over Jay because his mother and Zachary faced unresolved problems with methamphetamine, neither protected Jay from the others substance abuse, and neither arranged suitable care for Jay upon incarceration. (Welf. & Inst. Code, 300, subds. (b) & (g); all further undesignated section references are to this code, unless otherwise noted.) Based on postjudgment DNA evidence showing he is not Jays father, Zachary asks that the allegations the juvenile court sustained concerning him be stricken. SSA similarly requests that we take judicial notice the juvenile court has granted SSAs modification petition ( 388) to strike Zachary from the original dependency petition and substitute an amended petition naming only Jays mother, not Zachary. We grant SSAs request for judicial notice. (Evid. Code, 452, 459.) Because the section 388 petition demonstrates Zachary has obtained the relief he sought on appeal, his appeal is moot and we therefore dismiss it.

ARONSON, ACTING P. J.

WE CONCUR:

FYBEL, J.

IKOLA, J.

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Description	Zachary M. appeals from the juvenile courts jurisdictional and dispositional orders concerning Jay J., who is now 10 months old. Orange County Social Services Agency (SSA) alleged Zachary was Jays father. The juvenile court sustained jurisdiction over Jay because his mother and Zachary faced unresolved problems with methamphetamine, neither protected Jay from the others substance abuse, and neither arranged suitable care for Jay upon incarceration. (Welf. & Inst. Code, 300, subds. (b) & (g); all further undesignated section references are to this code, unless otherwise noted.) Based on postjudgment DNA evidence showing he is not Jays father, Zachary asks that the allegations the juvenile court sustained concerning him be stricken. SSA similarly requests that we take judicial notice the juvenile court has granted SSAs modification petition ( 388) to strike Zachary from the original dependency petition and substitute an amended petition naming only Jays mother, not Zachary. Court grant SSAs request for judicial notice. (Evid. Code, 452, 459.) Because the section 388 petition demonstrates Zachary has obtained the relief he sought on appeal, his appeal is moot and Court therefore dismiss it.
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