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San Diego Cnty. Health & Human Servs. Agency v. Kathryn S. re Kylee H.)

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA
Feb 14, 2013
D063018 (Cal. Ct. App. Feb. 14, 2013)

Opinion

D063018

02-14-2013

In re KYLEE H., a Person Coming Under the Juvenile Court Law. SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, Plaintiff and Respondent, v. KATHRYN S., Defendant and Appellant.


NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Super. Ct. No. NJ14484A)

APPEAL from an order of the Superior Court of San Diego County, Michael Imhoff, Commissioner. Dismissed.

Kathryn S. appeals findings and orders entered at a 12-month status review hearing held pursuant to Welfare and Institutions Code section 366.21, subdivision (f). Citing In re Sade C. (1996) 13 Cal.4th 952, she asks this court to exercise its discretion to review the record for error.

In In re Sade C., the California Supreme Court held that review pursuant to People v. Wende (1979) 25 Cal.3d 436 is unavailable in "an indigent parent's appeal from a judgment or order, obtained by the state, adversely affecting [her] custody of a child or [her] status as the child's parent." (In re Sade C., supra, 13 Cal.4th at p. 959.) We therefore deny Kathryn's requests to review the record for error and to address the Anders issues. (Anders v. California (1967) 386 U.S. 738.)

Citing In re Phoenix H. (2009) 47 Cal.4th 835, counsel asks this court to exercise its discretion to provide Kathryn with the opportunity to file a supplemental brief in propria persona. Counsel also asks this court to order counsel to brief any arguable issue. (Penson v. Ohio (1988) 488 U.S. 75, 88.) The requests are denied.

DISPOSITION

The appeal is dismissed.

_________________________________

MCINTYRE, J.
WE CONCUR: _________________________________

MCCONNELL, P.J.
_________________________________

NARES, J.


Summaries of

San Diego Cnty. Health & Human Servs. Agency v. Kathryn S. re Kylee H.)

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA
Feb 14, 2013
D063018 (Cal. Ct. App. Feb. 14, 2013)
Case details for

San Diego Cnty. Health & Human Servs. Agency v. Kathryn S. re Kylee H.)

Case Details

Full title:In re KYLEE H., a Person Coming Under the Juvenile Court Law. SAN DIEGO…

Court:COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA

Date published: Feb 14, 2013

Citations

D063018 (Cal. Ct. App. Feb. 14, 2013)