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Court Case Record Fresno Co. Dept. of Social Services v. J.G. F072532 UID(9240)


Fresno Co. Dept. of Social Services v. J.G. Court Case Record

Court Case Number: F072532


 
Case NumberF072532
Case TitleFresno Co. Dept. of Social Services v. J.G.
Case Type
StateCalifornia, CA
CountyAll Counties
CourtAppellate Court
Court Address5th Appellate District
Phone
Field Date
Close Date9/16/2016

Parties

CounselNameType
Office of the County Counsel
2220 Tulare St., 5th Floor
Fresno, CA 93721

Contact Name: Dependency Unit Office

Brent C. Woodward
Fresno County Counsel
2220 Tulare Street, Suite 500
Fresno, CA 93721

Fresno Co. Dept. of Social ServicesPlaintiff and Respondent
S. Lynne Klein
P. O. Box 367
Davis, CA 95617

J. G.Defendant and Appellant
Central California Appellate Program (CC
2150 River Plaza Dr., Ste. 300
Sacramento, CA 95833

Central California Appellate ProgramInformation only
Docket (Register of Actions)
Date Description Notes
10/21/2015 Notice of appeal lodged/received. J366; mother J.G., appeals from order held on 8/20/15 terminating parental rights; request for appointment of counsel in notice of appeal; copy to CCAP
10/21/2015 Notice to reporter to prepare transcript. sent to ctrrs Whaley, Lentz & Gentry by superior court on 10/16/15
10/27/2015 Filed order appointing counsel (C.C.A.P. review). Defendant and Appellant: J. G. Attorney: S. Lynne Klein
11/06/2015 Court reporter extension granted. Record on appeal filed. Due on 11/10/2015 By 5 Day(s) 1st request
11/12/2015 Record on appeal filed. C2/ 548 ; R1/master index, R4/121 pages; letter to all counsel record filed AOB due 30 days
11/12/2015 Sealed document filed ******* Reporter's Transcript Volume 3A pages 637-661 (date 7/9/15) by ctrr Lentz (0+3copies)
11/25/2015 Request filed to: for Order to View and be Provided Copy of Sealed Record by Attorney Klein.
12/01/2015 Order filed. Appellant's "REQUEST FOR ORDER TO VIEW & SEALED RECORD, " filed on November 25, 2015, is granted. The Clerk/Administrator of this court is directed to transmit a copy of the July 9, 2015 Marsden reporter's transcript to appellant's counsel, who was entitled to receive and examine a copy of it even as a sealed record (Cal. Rules of Court, rule 8.45(d)(2)). Having conducted a preliminary review of the appellate record and considered the matters addressed in California Rules of Court, rule 2.550(c)-(e), this court proposes to order the July 9, 2015 Marsden reporter's transcript entirely unsealed and deem it, instead, to be a confidential document (Cal. Rules of Court, rule 8.47(b)). Appellant may serve and file an opposition within 10 days of the filing date of this order. (See Cal. Rules of Court, rule 8.46(e).) The failure to file opposition shall be deemed agreement that the Marsden reporter's transcript be unsealed and treated as a confidential document (Cal. Rules of Court, rule 8.47(b)). The Clerk of the Kern County Superior Court is reminded for future reference that a copy of a Marsden reporter's transcript must be transmitted to the party or parties who participated in the in camera hearing, as well as to this court. (Cal. Rules of Court, rule 8.45(d)(2).) Time to file appellant's opening brief is hereby extended to and including 15 days from the date of the filing of the supplemental record ordered above.
12/01/2015 Order filed. "Amended" Appellant's "REQUEST FOR ORDER TO VIEW & SEALED RECORD, " filed on November 25, 2015, is granted. The Clerk/Administrator of this court is directed to transmit a copy of the July 9, 2015 Marsden reporter's transcript to appellant's counsel, who was entitled to receive and examine a copy of it even as a sealed record (Cal. Rules of Court, rule 8.45(d)(2)). Having conducted a preliminary review of the appellate record and considered the matters addressed in California Rules of Court, rule 2.550(c)-(e), this court proposes to order the July 9, 2015 Marsden reporter's transcript entirely unsealed and deem it, instead, to be a confidential document (Cal. Rules of Court, rule 8.47(b)). Appellant may serve and file an opposition within 10 days of the filing date of this order. (See Cal. Rules of Court, rule 8.46(e).) The failure to file opposition shall be deemed agreement that the Marsden reporter's transcript be unsealed and treated as a confidential document (Cal. Rules of Court, rule 8.47(b)). The Clerk of the Fresno County Superior Court is reminded for future reference that a copy of a Marsden reporter's transcript must be transmitted to the party or parties who participated in the in camera hearing, as well as to this court. (Cal. Rules of Court, rule 8.45(d)(2).) Time to file appellant's opening brief is hereby extended to and including 15 days from the date of this order.
12/14/2015 Note:
12/14/2015 Appellant's opening brief. Defendant and Appellant: J. G. Attorney: S. Lynne Klein G/Brief/Dep
01/12/2016 Motion/application to augment record filed. by Atty: Woodward obo County Counsel; requesting to augment : 1. Reporter's Transcript from December 12, 2013 by reporter: Lentz EOT request in Motion to Augment; requesting 30 days from the date of the filing of the supplemental reporter's transcript. G/Dep
01/13/2016 Augmentation granted. (See order.) Upon motion of respondent and good cause appearing, it is ordered that the record on appeal be augmented to include supplemental reporter's transcripts described in respondent's "MOTION TO AUGMENT THE RECORD &, " filed on January 12, 2016, incorporated as if set forth herein and consisting of the following material: 1. The reporter's transcript of oral proceedings described in item No. 1 of the above mentioned motion. The Clerk of the Superior Court of the County of Fresno is directed to cause such material to be prepared and certified and to transmit the same to this court and to counsel, on or before 15 days from the date of this order. Time to file the appellant's opening brief is hereby extended to and including 15 days from the date of the filing of the augmentation ordered above.
01/13/2016 Returned document for non-conformance. EOT by County Counsel for RB; EOT is moot per order filed on 1/13/16
01/13/2016 Augmentation granted. (See order.) "Amended" Upon motion of respondent and good cause appearing, it is ordered that the record on appeal be augmented to include supplemental reporter's transcripts described in respondent's "MOTION TO AUGMENT THE RECORD &, " filed on January 12, 2016, incorporated as if set forth herein and consisting of the following material: 1. The reporter's transcript of oral proceedings described in item No. 1 of the above mentioned motion. The Clerk of the Superior Court of the County of Fresno is directed to cause such material to be prepared and certified and to transmit the same to this court and to counsel, on or before 15 days from the date of this order. Time to file respondent's brief is hereby extended to and including 15 days from the date of the filing of the augmentation ordered above.
01/21/2016 Notice to reporter to prepare transcript. sent to ctrr Lentz by superior court on 1/15/16
02/04/2016 Augmented record filed. pursuant to order filed on 1/13/16; RB due w/15 days after
02/19/2016 Respondent's brief. Plaintiff and Respondent: Fresno Co. Dept. of Social Services Attorney: Brent C. Woodward G/Dep/Brief
03/10/2016 Granted - extension of time. Appellant's reply brief filed. Due on 03/25/2016 By 15 Day(s) 1st request
03/25/2016 Appellant's reply brief filed. Defendant and Appellant: J. G. Attorney: S. Lynne Klein G/Dep/Brief
03/25/2016 Case fully briefed.
05/24/2016 Oral argument waiver notice sent.
Disposition
Description: Reversed & Remanded to trial court w/directions
Date: 09/16/2016
Status: Final The order terminating mother's parental rights is conditionally reversed and the matter remanded to the juvenile court for the sole purpose of complying with its duty of inquiry and notice provisions of the ICWA as to I.R. only, and for the court to determine whether the ICWA applies in this case. If the court determines that the ICWA does not apply, the orders shall be reinstated. If information is presented to the juvenile court that affirmatively indicates Israel is an Indian child as defined by the ICWA and the juvenile court determines that the ICWA applies to this case, the juvenile court is ordered to conduct a new review hearing in conformance with all provisions of the ICWA. Franson, Detjen, Pena (23 pages)
Publication Status: Signed Unpublished
Author: Franson, Jr., Donald R.
Participants: Detjen, Jennifer R.S. (Concur) Pena, Jr., Rosendo (Concur)
Case Citation: none