California Court of Appeal

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J.N. v. Super. Ct. (San Diego County Health & Human Servs. Agency), D051802

Petition for writ of mandate challenging juvenile court order directing removal of breathing tube and issuing a "Do Not Attempt Resuscitation" order is granted in part where the court had no authority to issue a DNAR order because the minor had not been adjudged a dependent, and the court had not conducted a full evidentiary hearing at which it made findings by clear and convincing evidence.

Appellate Information

  • Decided 10/26/2007
  • Published 10/26/2007

Judges

  • HALLER, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Timothy Chandler,San Diego Alternate Public Defender, and Thomas Kisiel, Deputy Alternate Public Defender, for Petitioner., John J. Sansone, County Counsel, John E. Philips and Gary C. Seiser, Deputy County Counsel, for Real Party in Interest.   San Diego County Health and Human Services Agency., Steven J. Carroll, Public Defender, Ana Espana and Rebecca R. Smith, Deputy Public Defenders, for Real Party in Interest Cyrus N., Law Office of Bohdan & Doucette and Denise F. Bohdan, Guardian Ad Litem for Real Party in Interest Cyrus N., Timothy Chandler, San Diego Alternate Public Defender, Sabrina Ceraola and Richard P. Siref, Deputy Alternate Public Defenders, for Real Party in Interest C.C.

  • For Appellees:
  • No appearance for Respondent.
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