Bureau

Contra Costa County Children & Family Services Bureau v. Superior Court

Caution
11 Cal. Rptr. 3d 459·117 Cal. App. 4th 111
Court of Appeal of CaliforniaApril 19, 2004A104727California3,142 words

Opinion

Opinion

Stein, J.

The Contra Costa County Children and Family Services Bureau (bureau) challenges an order of the Contra Costa County Superior Court, Juvenile Division (juvenile court), which granted the motion of Lynda O. (mother) to set aside prior orders of the court entered May 14, 1999, in the juvenile dependency proceeding (Welf. & Inst. Code, § 300 et seq.) concerning mother’s child, Angelyca. In conjunction with its order, the juvenile court set a new jurisdictional hearing. (§ 355.)

Mother contends here, as she did below, that the court denied her due process at the 1999 jurisdictional hearing when it appointed a guardian ad litem for her in violation of the procedural requirements specified in In re Sara D. (2001) 87 Cal.App.4th 661 [ 104 Cal.Rptr.2d 909 ] (Sara D.). We will hold that the juvenile court erred because, on this record, mother was not denied due process, nor was she prejudiced by the appointment of a guardian ad litem. Furthermore, Sara D. may not be applied to vacate final orders of the juvenile court in dependency proceedings, absent the filing of a petition in accordance with section 388. Having previously stayed the juvenile court’s order and issued an…

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