In Re Anna M.
Orange Cty. Soc. Servs. Agency v. Kim M.
Opinion
Opinion
Sonenshine, J.
Kim M., the mother of Anna M., age nine, and Gina M., age seven, appeals from a judgment under Welfare and Institutions Code section 366.26 selecting adoption as her daughters’ permanent plan and terminating her parental rights. She contends she was deprived of a fair hearing because she was not given statutorily required notice of the nature of the proceedings. We agree. Because we remand for proceedings comporting with due process, we need not reach the other issues raised by Kim.
I
Anna and Gina were taken into protective custody in September 1994. Their mother’s substance abuse rendered her unable to properly care for the children. After the parents pleaded no contest, the allegations of the dependency petitions were found true. In January 1995, the minors were placed with foster parents who, with the court’s authorization and Kim’s written permission, moved to Nevada for what was to be a temporary work assignment. However, in August, the foster father accepted an offer for permanent employment in Nevada, and the minors were promptly returned to California and, in September, placed in a new foster home. In November, they were moved to the home of their father’s…