In re ZETH S., a Person Coming Under the Juvenile Court Law.
Orange County Social Services Agency, Plaintiff and Respondent,
v.
Stacy S., Defendant and Appellant.
Supreme Court of California.https://leagle.com/images/logo.png
August 4, 2003.
August 4, 2003.
Attorney(s) appearing for the Case
Rich Pfeiffer, Tustin, and Jennifer Mack, under appointments by the Supreme Court, for Defendant and Appellant.
Laurence M. Watson and Benjamin P. deMayo, County Counsel, Robert G. Overby, Julie J. Agin, Deborah M. Gmeiner and Rachel M. Bavis, Deputy County Counsel, for Plaintiff and Respondent.
Law Office of Harold LaFlamme, Craig E. Arthur and Karen Cianfrani, Orange, for Dependency Children in the County of Orange and Trial Attorneys for Zeth S. as Amici Curiae on behalf of Plaintiff and Respondent.
John J. Sansone, County Counsel (San Diego), Susan Strom, Chief Deputy County Counsel, Gary C. Seiser, Deputy County Counsel; and Ruth Sorensen, Alturas, for California State Association of Counties and County of San Diego as Amici Curiae on behalf of Plaintiff and Respondent.
Melissa A. Chaitin, Los Angeles, under appointment by the Supreme Court, for Minor.
William Wesley Patton, Costa Mesa, for Whittier Law School Legal Policy Clinic as Amicus Curiae.
Robert C. Fellmeth; Shannan Wilber, San Francisco; Janet G. Sherwood, Corte Madera, and Donna Furth, San Francisco, for Children's Advocacy Institute of the University of San Diego School of Law, Legal Services for Children and the Northern California Association of Counsel for Children as Amici Curiae.
Kenneth P. Sherman, Lisa E. Mandel and Anne E. Fraggasso for Dependency Court Legal Services, Inc., as Amicus Curiae.
Supreme Court of California.
BAXTER, J.
In a juvenile dependency appeal from an order terminating parental rights, may the Court of Appeal receive and consider post-judgment evidence that was never before the juvenile court, and rely on such evidence outside the record on appeal to reverse the judgment? The general answer is no, although in the rare and compelling case an exception may be warranted. In this case the Court of Appeal erred in receiving...
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