In Re Justin L.

In this case we determine that appellant Sharon L. was denied her statutory right to discharge counsel and represent herself in an action to terminate her parental rights pursuant to Civil Code section 232. The trial court failed to determine whether she was capable of knowingly and intelligently waiving her right to counsel. However, we hold that under the circumstances of this case, any such error is harmless; as a result, we shali affirm the judgment.

The factual background to this appeal is uncomplicated. On October 27, 1983, the Sacramento County Department of Social Welfare filed a petition in the superior court to have Justin L., Sharon’s son, declared forever free from her custody and control. The petition alleged that Justin had been a dependent child of the juvenile court since June, 1980. Termination was sought on several grounds.

On January 9, 1984, a pretrial hearing was conducted at which counsel was appointed for Sharon. Counsel continued to represent her in succeeding hearings. On April 4, 1984, the county filed with the court notice that trial would commence on August 28, 1984. This notice was served on Sharon through her counsel.

In January, 1984,…