In In re D.P., a 2-1 unpublished opinion of the Second District, Division Five, Court of Appeal dismissed as moot a father’s challenge of a juvenile court ruling that his conduct put his son at risk of serious harm. Division Five dumped the appeal because the juvenile court later terminated its jurisdiction over the child.
The Supreme Court reversed in January. (In re D.P. (2023) 14 Cal.5th 266.) It agreed that the appeal was moot, but said the Division Five majority had not properly analyzed whether to exercise its discretion to evaluate the juvenile court’s ruling.
Yesterday, on remand, a this-time unanimous Division Five, again in an unpublished opinion, said, “Having considered the matter in light of the Supreme Court’s opinion, we exercise our discretion to review Father’s appeal and hold that insufficient evidence supports the juvenile court’s jurisdiction order.”