Cyndie C. v. Geraldine B.

Cyndie C. filed a petition to adopt Baby Girl B. (hereafter Baby B.). The State Department of Social Services (Department) filed a report stating that Cyndie had failed to respond to many of the Department’s requests for information, was unemployed, had a criminal record, and was living with her ex-husband and her son, who also had criminal records. The report concluded that Cyndie would not provide a suitable home for Baby B. It recommended that Cyndie’s petition be denied and that Baby B. be removed from her custody. Based on the report, the trial court refused to hold an evidentiary hearing; it entered an order denying the petition and removing Baby B. from Cyndie’s custody. Cyndie filed a motion to vacate the order (Code Civ. Proc., § 473, subd. (b)), but the trial court denied the motion.

Cyndie appeals, contending:

1. The trial court’s denial of an evidentiary hearing violated Cyndie’s right to due process of law.

2. The trial court’s denial of an evidentiary hearing violated Baby B.’s rights to due process and equal protection.

3. The trial court erred by denying Cyndie’s motion to vacate the order because:

a. The Department had not given Cyndie adequate…