In Re Rodriguez

Michael Korn, under appointment by the Court of Appeal, for Objector and Appellant.

Ralph B. Jordan, County Counsel, and George Wright Quick, Deputy County Counsel, for Petitioner and Respondent.

OPINION

THOMPSON, J. [*]

The Kern County Welfare Department filed a petition pursuant to the provisions of Civil Code section 232, subdivision (d) [1] to have the four Rodriguez children, Jessie, Marcos, Kennedy and Ines free from the custody and control of their father, Confessor R. Padilla, who had been convicted of the murder of the children's mother, Mary Rodriguez, and had been sentenced to life imprisonment. The petition further requested that the children be placed in the custody and control and under the guardianship of the Kern County Welfare Department for adoption placement.

On June 5, 1972, the trial court issued its citation requiring the father to appear at a hearing set on July 28, 1972, which citation was served upon the father on June 21, 1972, at San Quentin Prison.

A hearing was had on July 29th, neither the father nor the children being present. The probation report was received. It set forth the ages of the children, 11, 10, 9 and 7; that the deceased mother and…