In Re Rashad H.

Steven H., the father, has appealed from an order terminating parental rights to the minors, Rashad and Brandon H., pursuant to Welfare and Institutions Code section 366.26. Counsel for the father and the Department of Children and Family Services (the department) have stipulated that the Welfare and Institutions Code section 366.26 parental termination rights order may be reversed and the remittitur issued forthwith. After complying with the new provisions of Code of Civil Procedure section 128, subdivision (a)(8) which were effective January 1, 2000, we accept the stipulation and reverse the Welfare and Institutions Code section 366.26 order.

The father's opening brief argues that he did not receive proper notice of the Welfare and Institutions Code section 366.26 hearing. The department agrees that the father did not receive proper notice of the Welfare and Institutions Code section 366.26 hearing. We have independently reviewed the record and it reveals the following. The case was set for a Welfare and Institutions Code section 366.26 hearing on March 18, 1999. Counsel was appointed for the minors at the March 18, 1999, hearing at which the father was present.…