In Re Rubin P.
Orange County Social Services Agency v. Pedro P.
Opinion
Opinion
Moore, J.
Pedro P. and Teresa M., the parents of Rubin P., have separately appealed from orders terminating their parental rights. We conclude the failure to hold a hearing under Welfare and Institutions Code section 366.22, subdivision (a) deprived them of due process and requires that the findings terminating their parental rights be reversed.
Facts
On May 19, 1989, respondent filed a petition seeking to declare minor a dependent child under section 300, subdivisions (b) and (j), alleging he was residing with his mother in a plywood shack devoid of utilities and being fed unrefrigerated formula from unsterilized bottles. The petition also alleged his mother (appellant Teresa M.) was developmentally disabled and unable to care for him, and that minor’s father (appellant Pedro P.), an itinerant field worker, did not protect him from these circumstances.
On July 7, appellants pled nolo contendere to an amended petition under the same subsections and agreed that minor would continue to reside out of the home. Minor was ultimately placed in foster care and adjusted well. Appellants’ service plan was directed at reunification and required counseling, parent education classes, and a…