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In re J.A.

California Court of Appeals, Fourth District, Second Division

December 6, 2019

IN RE J.A. et al., Persons Coming Under the Juvenile Court Law.
v.
J.A., Defendant and Appellant. San Bernardino County Children and Family Services, Plaintiff and Respondent,

         [256 Cal.Rptr.3d 341] APPEAL from the Superior Court of San Bernardino County. Steven A. Mapes, Judge. Dismissed. (Super.Ct.Nos. J273242 & J273243)

Page 50

         COUNSEL

         The Blue Law Group and Michael K. Blue, Rancho Cucamonga, for Defendant and Appellant.

         Michelle D. Blakemore, County Counsel, and Jamila Bayati, Deputy County Counsel, for Plaintiff and Respondent.

          OPINION

         SLOUGH, J.

Page 51

          Sixteen months after the jurisdiction and disposition hearing where the juvenile court placed J.A.’s (mother) twin children with their nonoffending, noncustodial father and dismissed the dependency with family law exit orders, mother attempts to challenge the court’s findings and unwind the removal order. Relying on our decision in In re A.O. (2015) 242 Cal.App.4th 145, 194 Cal.Rptr.3d 826 (A.O. ), she argues we should excuse the lateness of her appeal [256 Cal.Rptr.3d 342] because the juvenile court failed to advise her of her appellate rights at the close of the hearing, as required by California Rules of Court, rule 5.590(a).[1] We conclude A.O. and the line of cases preceding it are distinguishable and do not apply to this case. We will therefore dismiss the appeal as unjustifiably late.

          I

          FACTS

          A. Jurisdiction and Disposition

          The subjects of this now-closed dependency are an 11-year-old boy and his twin sister, who were nine years old in October 2017 when respondent San Bernardino County Children and Family Services (CFS) filed petitions on their behalf. The petitions alleged mother neglected and emotionally abused the boy, which also placed his sister at risk of harm. At the time, CFS had an open case with mother. They decided to file the petitions, however, after an incident where mother was driving with the twins, became upset with the boy, drove him to a nearby hospital, and tried to abandon him there. Mother walked into the hospital with the boy and told him to wait there, as she ran out. Hospital staff and security had to barricade her in the parking lot, reach through the window of her van, place it in park, and take the keys to stop her from leaving her son. According to hospital staff, mother said her son was "too much trouble, CPS should take him." To justify her actions, she told a CFS social worker that she couldn’t handle her son’s behavioral issues. She said he was a "habitual liar" and had been diagnosed with ADHD and Oppositional Defiant Disorder by Loma Linda University Medical Center. CFS later determined that he had never been diagnosed with those disorders. Mother also told CFS her son was "psychotic and should be placed in a mental institution."

          Mother had been married to the twins’ biological father from 2003 until they divorced in 2012. She lived in ...


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