In Re Terry E.

Linda A. Luke, under appointment by the Court of Appeal, for Objector and Appellant.

Michael H. Krausnick, County Counsel, and Harry P. Drabkin, Deputy County Counsel, for Petitioner and Respondent.

Scott W. Williams, under appointment by the Court of Appeal, for Minors.

OPINION

FRANSON, J.

Appellant, who is 35 years old and the mother of Terry E., age 14, Tammy E., age 12, and Daniel R., age 5, appeals from a judgment entered May 31, 1985, pursuant to Civil Code section 232, subdivisions (a)(2) and (4), [1] declaring the minors free from appellant's custody and control and referring the minors to the Stanislaus County Welfare Adoption Agency for adoption. The judgment followed an October 21, 1981, juvenile court finding that the minors were dependent children within the meaning of Welfare and Institutions Code section 300, subdivision (a). [2]

Although the section 232 petition was filed May 10, 1983, pursuant to juvenile court direction, it was not heard until May 15, 1985, because of appellant's appeal of her criminal convictions.

For the reasons to be stated, we conclude that the evidence is insufficient to support the findings required to terminate appellant's parental…