In Re Phillip F.

Good Law
78 Cal. App. 4th 250·92 Cal. Rptr. 2d 693
Court of Appeal of CaliforniaFebruary 15, 2000F033413California3,652 words

Opinion

Opinion

Certified for Partial Publication [*]

THAXTER, Acting P.J.

Anna S. appeals from the order terminating her parental rights to her sons Phillip F. (born Jan. 5, 1992) and George F. (born Jan. 19, 1993). [1] (Welf. & Inst.Code, [2] § 366.26.) The novel issue presented is whether a parent who is represented by counsel and fails to appear at the properly noticed section 366.26 hearing must be renoticed of the continued hearing date pursuant to section 366.23. We will hold that under the circumstances of this case, renotice need not comply with section 366.23 as long as it satisfies due process. Because the trial court's finding that notice was given to appellant is supported by reasonable inferences from the record, due process was satisfied and reversal is not required.

Phillip had been under the supervision of the juvenile court of four California counties since January 17, 1992, when he was 12 days of age. In February 1992, the Contra Costa County juvenile court sustained a section 300, subdivisions (b) and (g) petition finding he was at significant risk due to appellant's substance abuse, his four siblings had been adjudged dependents of the court due to appellant's substance…

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