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San Diego Cnty. Health & Human Servs. Agency v. T.D. (In re Timothy K.)

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA
Jan 20, 2012
D060718 (Cal. Ct. App. Jan. 20, 2012)

Opinion

D060718 Super. Ct. No. EJ3285

01-20-2012

In re TIMOTHY K., a Person Coming Under the Juvenile Court Law. SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, Plaintiff and Respondent, v. T.D., 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

APPEAL from orders of the Superior Court of San Diego County, Ronald F. Frazier, Judge. Dismissed.

T.D. appeals the findings and orders entered at a nonstatutory hearing at which the court found without prejudice that the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.) does not apply in this case. 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 review under 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 his [or her] custody of a child or his [or her] status as the child's parent." (In re Sade C., supra, 13 Cal.4th at p. 959.) We therefore deny T.D.'s requests to review the record for error and to address her Anders issue. (Anders v. California (1967) 386 U.S. 738.)

T.D.'s counsel also asks this court to exercise its discretion to provide her the opportunity to file a supplemental brief in propria persona. The request is denied.

DISPOSITION

The appeal is dismissed.

_________________________

AARON, J.

WE CONCUR:

_________________________

McCONNELL, P. J.

_________________________

O'ROURKE, J.


Summaries of

San Diego Cnty. Health & Human Servs. Agency v. T.D. (In re Timothy K.)

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA
Jan 20, 2012
D060718 (Cal. Ct. App. Jan. 20, 2012)
Case details for

San Diego Cnty. Health & Human Servs. Agency v. T.D. (In re Timothy K.)

Case Details

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

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

Date published: Jan 20, 2012

Citations

D060718 (Cal. Ct. App. Jan. 20, 2012)