Neumann

Hector Jose Barillas Melgar (Hector) appeals from the termination of his parental rights under Family Code sections 7822 and 7803, and the denial of his motion for a new trial. He contends: (1) the judgment is void, and a new trial should have been granted, because the trial court failed to consider a report from family court services (§ 7851, subd. (d)), interview the oldest of the minor children (§ 7891), and consider whether to appoint independent counsel for the children (§ 7861); (2) the court erred in deciding that section 7894, subdivision (b), precluded it from granting a new trial; and (3) the court erred in ruling that Hector abandoned his children within the meaning of section 7822.

In the published portion of this opinion, we conclude that the trial court did not comply with its statutory obligations to protect the best interests of the children under sections 7851, 7891, and 7861. In the unpublished portion, we hold that substantial evidence supported the trial court’s conclusion that Hector abandoned the children. Accordingly, we will vacate the judgment and remand the matter to the trial court for further proceedings consistent with this opinion.

I. FACTS…