In Re Crystal J.

Bad Law
12 Cal. App. 4th 407·15 Cal. Rptr. 2d 613
Court of Appeal of CaliforniaJanuary 11, 1993D015592California2,168 words

Opinion

Opinion

Barbara A. Smith for Minors.

OPINION

FROEHLICH, J.

This is an appeal by Linda H. (mother) from a judgment terminating her parental rights as to her two children, Crystal J. and Scott S., following a selection and implementation hearing held in accordance with Welfare and Institutions Code [1] section 366.26. Mother contends the judgment should be reversed and a new hearing held because (1) the assessment report prepared by the department of social services was deficient, constituting a deprivation of constitutional due process rights and resulting in insufficient evidence to support the judgment, and (2) the failure of minors' counsel to object to the report constituted prejudicial ineffective assistance of counsel.

The children were removed from mother's custody in June 1989 because mother was a methamphetamine addict and as a result thereof could not care for her children. At the time of assertion of county custody Crystal was 10 years old and Scott 6 years old. Neither child was ever returned to mother's custody. The respective fathers of the two children took no part in the proceedings and do not appeal the judgment.

Crystal was eventually placed with her maternal aunt…

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