In re Victoria R.
Filed 4/5/06 In re Victoria R. CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
| In re VICTORIA R. et al., Persons Coming Under the Juvenile Court Law. | |
| SAN BERNARDINO COUNTY DEPARTMENT OF CHILDREN'S SERVICES, Plaintiff and Respondent, v. STEPHEN R., Defendant and Appellant. | E038492 (Super.Ct.Nos. J195898 & J195899) OPINION |
APPEAL from the Superior Court of San Bernardino County. Raymond L. Haight, Judge. Affirmed.
Ellen L. Bacon, under appointment by the Court of Appeal, for Defendant and Appellant, Stephen R.
Ronald D. Reitz, County Counsel, and Julie J. Surber, Deputy County Counsel, for Plaintiff and Respondent.
Konrad S. Lee, under appointment by the Court of Appeal, for Minors.
In this dependency appeal, Stephen R. (Father), appeals from the denial of his Welfare and Institutions Code section 388[1] petition seeking to relitigate the October 2003 jurisdictional findings and orders of the San Bernardino County Department of Children's Services (the Department). The Department asserts that this appeal should be dismissed as moot. The Department further contends that Father waived his right to contest the jurisdictional findings and orders; that a section 388 petition cannot be used to attack prior final orders from a previous dependency case; and that Father's due process rights were not violated.
PROCEDURAL BACKGROUND AND FACTS
Father has three daughters, Debbie (born 1988), Heather (born 1995) and Victoria (born 1997). This family first came to the attention of the Department in November 2002, when a referral was received alleging sexual abuse to Debbie by Father. At the time, Father and mother, Alice R. (Mother), were divorced but living together due to financial reasons. On November 6, Debbie had fallen asleep on the couch wearing a spaghetti strap nightie. According to Debbie, she awoke to Father putting the blanket on her. Father told the detective that Debbie's breast was exposed so he put a blanket over her to cover her up. In the morning, Father told Debbie that she could sleep a little longer because he would take her to school. Debbie said that they arrived at school early. While sitting in the car, Father â€
