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In re Franchine H.

In re Franchine H.
08:22:2006

In re Franchine H.



Filed 8/18/06 In re Franchine H. CA5







NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS



California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.


IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA


FIFTH APPELLATE DISTRICT












In re FRANCINE H., a Person Coming Under the Juvenile Court Law.




KERN COUNTY DEPARTMENT OF HUMAN SERVICES,


Plaintiff and Respondent,


v.


FRANCES H.,


Defendant and Appellant.



F050127


(Super. Ct. No. JD096681-00)



O P I N I O N




THE COURT*


APPEAL from a judgment of the Superior Court of Kern County. Robert J. Anspach, Judge.


Michael B. McPartland, under appointment by the Court of Appeal, for Defendant and Appellant.


B. C. Barmann, Sr., County Counsel, and Jennifer L. Thurston, Deputy County Counsel, for Plaintiff and Respondent.


-ooOoo-


Frances H. appeals from a March 14, 2006, order denying her petition (Welf. & Inst. Code, § 388) to regain custody of her daughter Francine.[1] Appellant contends the court erred by denying her petition. On review, we disagree and will affirm.


PROCEDURAL AND FACTUAL HISTORY


On March 13, 2002, two witnesses at a restaurant saw appellant punch, kick, and hit S., two-year-old Francine's older sister. One witness described how appellant continued to kick S. after she fell to the ground. Francis fled after the incident. A police officer located the children with the assistance of their adult sister. The officer saw red marks on S.'s face. S. told the officer the injuries were caused by her mother. S. could not recall how many times appellant hit her. She told the officer â€





Description Appeal from an order denying petition to regain custody of daughter. Appellant contends the court erred by denying petition. On review, court disagree and affirm.
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