In re L.B. CA2/3
Appellant Marcus B. (father) challenges the juvenile court’s order removing his daughter, L.B. (the minor), from his custody. Father’s sole contention is that the court erred by ordering the minor’s removal under Welfare & Institutions Code section 361, subdivision (c), because she did not reside with father (who was then incarcerated) at the time the Department of Children and Family Services (department) filed its petition. (See In re Dakota J. (2015) 242 Cal.App.4th 619, 629-630 (Dakota J.) [removal order reversed where child did not reside with parent for five years prior to department’s involvement].) The department contends the appeal should be dismissed because father’s notice of appeal is defective and, in any event, father forfeited the right to challenge the removal order by failing to object to the removal order or otherwise contest the disposition below. We agree with the department on both points and dismiss the appeal.
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