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In Re S. W., A Person Coming Under the Juvenile Court Law. v. L. S

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento)


March 9, 2011

IN RE S. W., A PERSON COMING UNDER THE JUVENILE COURT LAW. SACRAMENTO COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES, PLAINTIFF AND RESPONDENT,
v.
L. S., DEFENDANT AND APPELLANT.

(Super. Ct. No. JD224891)

The opinion of the court was delivered by: Robie, J.

In re S.W.

CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

L. S., the mother of 10-year-old S. W., appeals from an order of the Sacramento County Juvenile Court ordering a permanent plan of legal guardianship, appointing the child's maternal grandmother as guardian, and terminating the dependency.

Mother, appearing in propria persona, filed a seven-page document entitled "An Appeal Brief and The Murder of My Children." The document does not include a recitation of any facts or claims relating to this appeal or identify any basis upon which this court could or should reverse the juvenile court orders. We deem mother to have abandoned the appeal and order the appeal dismissed. (In re Sade C. (1996) 13 Cal.4th 952, 994.)

FACTUAL AND PROCEDURAL BACKGROUND

In January 2007, S. W. was declared a dependent child of the juvenile court. The sustained petition alleged that since 2001, mother has had mental health problems that impair her judgment and ability to provide adequate care for her child; that mother exhibits symptoms of schizophrenia and/or depressive disorders, including paranoia, aggression, agitation, hostility, severe mood swings, severe depression, and physically assaultive behaviors; that mother refused to participate in a psychological assessment, counseling, and/or a medication evaluation; and that mother's inability or unwillingness to address her mental health issues has placed the child at substantial risk of harm.

The juvenile court ordered reunification services for mother and directed her to participate in a program of professional counseling to address anger control and other issues to be identified through a psychological evaluation or psychiatric assessment.

Mother had liberal and ongoing visitation with her child. However, she failed to complete family reunification services, and the court ordered them terminated. In January 2010 the juvenile court scheduled a selection and implementation hearing for May 2010. At that hearing, the court determined that a suitable permanent plan for S. W. was legal guardianship with grandmother. The court implemented the permanent plan and terminated S. W.'s dependency status. Mother filed a timely notice of appeal.

DISCUSSION

Mother filed an opening brief that makes numerous and varied factual allegations about family connections between people by blood or marriage, about the deaths of many individuals, and about appellate processes. However, the brief does not recite any relevant facts, make any claims relating to the appeal, or identify any basis upon which this court could or should reverse the juvenile court's orders.

"A 'reviewing court has inherent power, on motion or its own motion, to dismiss an appeal which it cannot or should not hear and determine.' [Citation.] An appealed-from judgment or order is presumed correct. [Citation.] Hence, the appellant must make a challenge. In so doing, he must raise claims of reversible error or other defect [citation], and 'present argument and authority on each point made' [citations]. If he does not, he may, in the court's discretion, be deemed to have abandoned his appeal. [Citation.] In that event, it may order dismissal. [Citation.]" (In re Sade C., supra, 13 Cal.4th at p. 994.)

In this case, mother has proffered no argument or authority supporting reversal of the juvenile court orders. Under these circumstances, the appropriate course is to dismiss the appeal.

DISPOSITION

The appeal is dismissed.

We concur: NICHOLSON, Acting P. J. DUARTE, J.

20110309

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