In Re SD

This is an appeal from the termination of the parental rights of appellant Anthony D, Sr., pursuant to Welfare and Institutions Code section 366.26. [1] Anthony D, Sr., has several children by the same mother, [2] including S.D. and R.D. Dependency proceedings alleging various types of abuse and neglect were first initiated in 1997, before R.D. was born. Despite multiple attempts at court intervention and reunification efforts, [3] parental rights as to S.D. and R.D. were ultimately terminated on April 2, 2002. [4]

The appeal raises a single issue and centers on a change to California's dependency statutes which requires the appointment of a guardian ad litem, who does not also represent the interests of the agency filing the petition, to represent a child's interest. This case was pending on July 1, 2001, the effective date of the legislative changes. The petition leading to termination of parental rights was filed on September 20, 1999. At that time, the social worker filing the petition, a representative of respondent Stanislaus County Community Services Agency, was, by application of law, appointed guardian ad litem for the children. Both children were removed…