In Re Charles T.

Good Law
102 Cal. App. 4th 869·125 Cal. Rptr. 2d 868
Court of Appeal of CaliforniaOctober 4, 2002C040423California3,728 words

Opinion

Opinion

Callahan, J.

Temiga B., mother of the minor, appeals from orders of the juvenile court terminating her parental rights and freeing the minor for adoption. (Welf. & Inst. Code, § 366.26 [further undesignated statutory references are to this code].) Appellant contends all orders of the juvenile court are void because the court failed to appoint a guardian ad litem for the minor. We affirm.

Facts

The Sacramento County Department of Health and Human Services (DHHS) removed the minor from appellant’s custody in July 2001, soon after his birth, because both the minor and appellant tested positive for cocaine. DHHS also was aware appellant had a long-term substance abuse problem and twice before had given birth to children who tested positive for drugs.

At the detention hearing, the court appointed counsel for the minor but did not appoint a guardian ad litem. Appellant did not object.

DHHS recommended services be denied based upon appellant’s chronic substance abuse and her failure to reunify with the minor’s siblings. At the jurisdictional/dispositional hearing, the court adopted this recommendation and set a section 366.26 hearing. Again, no guardian ad litem was appointed and…

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