Sara Kelley v. San Diego County Health

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 2 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

SARA M. KELLEY; TERESA L. SMITH, No. 20-56111

Plaintiffs-Appellants, D.C. No. 3:19-cv-01404-LAB-DEB v.

SAN DIEGO COUNTY HEALTH AND MEMORANDUM*

HUMAN SERVICES AGENCY; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding

Argued and Submitted November 18, 2021 Pasadena, California

Before: WARDLAW and HURWITZ, Circuit Judges, and BOUGH,** District Judge.

Sara Kelley and Teresa Smith (“Appellants”), a same-sex, married couple

who held de facto parent and educational rights holder statuses and were the

prospective adoptive parents to Teenager before his removal from their home by

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Stephen R. Bough, United States District Judge for the Western District of Missouri, sitting by designation. San Diego County…