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Modification: In re Cody R.

Ruling by

William S. Dato

Lower Court

San Diego County Superior Court

Lower Court Judge

Kimberlee A. Lagotta

Petitioner's claim that custody was wrongfully withheld from the child's relative was not grounds for habeas corpus petition; habeas corpus may be filed in dependency cases only in limited circumstances.





Court

California Courts of Appeal 4DCA/1

Cite as

2019 DJDAR 136

Published

Jan. 8, 2019

Filing Date

Jan. 7, 2019

Opinion Type

Modification

Disposition Type

Petition Denied


In re CODY R., a Person Coming

Under the Juvenile Court Law.

 

SAN DIEGO COUNTY HEALTH

AND HUMAN SERVICES AGENCY,

Plaintiff and Respondent,

v.

SHAUNA R.,

Defendant and Appellant.

 

No. D073527

(Super. Ct. No. J512459F)

 

California Courts of Appeal

Fourth Appellate District

Division One

Filed January 7, 2019

 

ORDER MODIFYING OPINION

NO CHANGE IN JUDGMENT

 

In re SHAUNA R.

on Habeas Corpus.

 

No. D074328

(Super. Ct. No. J512459F)

 

THE COURT:

 

It is ordered that the opinion filed December 17, 2018 be modified as follows:

 

On page 5, the first sentence of the third full paragraph that begins with "The Agency filed a section 300 petition," delete the words "the NREFM" and insert "another NREFM" so that the sentence reads:

The Agency filed a section 300 petition on January 20 and detained him with another NREFM.

 

There is no change in judgment.

#272536

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