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IN RE NICHOLAS H.

No. A100434.

5 Cal.Rptr.3d 261 (2003)

112 Cal.App.4th 251

In re NICHOLAS H., a Person Coming Under the Juvenile Court Law. Alameda County Social Services Agency, Plaintiff and Respondent, v. Kimberly H., Defendant and Appellant; Thomas G., Defendant and Respondent.

Court of Appeals of California, First District, Division Two.

Review Denied December 17, 2003.

Attorney(s) appearing for the Case

Janet H. Saalfield under appointment by the Court of Appeal, Sausalito, Counsel for Defendant and Appellant.

Frank H. Free under appointment by the Court of Appeal, Counsel for Defendant and Respondent.

Richard E. Winnie, County Counsel, Grace Fongmei Tam, Deputy County Counsel, Counsel for Plaintiff and Respondent.

Diane A. Bellas, Public Defender and Joy Ricardo, Assistant Public Defender, for Minor.

HAERLE, J.

I. INTRODUCTION

The juvenile court dismissed this dependency case and granted physical custody of eight-year-old Nicholas H. to his presumed father, Thomas G. Nicholas's mother, Kimberly H., contends the juvenile court (1) lacked jurisdiction to dismiss this case, (2) applied the wrong test for determining whether Nicholas should be returned to Kimberly's care, and (3) erroneously restrained Kimberly from telling Nicholas that Thomas is not his...

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