Riverside County Department of Public Social Services v. Kimberly S.

Good Law
103 Cal. App. 4th 617·127 Cal. Rptr. 2d 46·2002 Cal. App. LEXIS 4935·2002 Daily Journal DAR 12775·2002 Cal. Daily Op. Serv. 11028
Court of Appeal of CaliforniaNovember 7, 2002No. E031213California3,645 words

Opinion

lead Opinion

Richli, J.

*621 Opinion

Kimberly S. appeals from an order terminating her parental rights to her infant daughter, Athena P. She contends:

In the published portion of this opinion, we will hold, as a threshold matter, that Kimberly can still raise her contentions regarding the jurisdictional allegations of the petition in this appeal from the order terminating parental rights. We will further hold, however, that, if the petition failed to state a cause of action, the error is harmless at this point and that there was substantial evidence to support jurisdiction.

In the nonpublished portion of this opinion, we find no other prejudicial error. Hence, we will affirm.

I

Factual and Procedural Background

A. The Dependency Proceedings Regarding Athena’s Older Half Siblings

Kimberly S. has six children by her husband, Antonio S. As of 2000, Kimberly was living with her boyfriend, Thomas P. Four of her six children were living with them; the other two were living with Kimberly’s parents (i.e., their maternal grandparents), Michael and Diana B.

On September 5, 2000, Thomas and Kimberly were arrested. All six children were detained. On September 7, 2000, the Riverside County Department of…

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