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In re Kylee H.

In re Kylee H.
02:25:2013





In re Kylee H












In re Kylee H.



















Filed 2/14/13 In re Kylee H. CA4/1

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>NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115>.





COURT
OF APPEAL, FOURTH APPELLATE DISTRICT



DIVISION
ONE



STATE
OF CALIFORNIA






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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.




D063018





(Super. Ct.
No. NJ14484A)




APPEAL from
an order of the Superior Court
of href="http://www.adrservices.org/neutrals/frederick-mandabach.php">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 href="http://www.fearnotlaw.com/">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.







Description 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.
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