In Re Jessica G.

This is a dependency appeal by Hermila A., the mother (Mother) of the two minor dependents in the case, Jessica G. and Maria G. We follow the recent decision of the Fifth District Court of Appeal in In re Sara D. (2001) 87 Cal.App.4th 661 [ 104 Cal.Rptr.2d 909 ], and conclude that Mother’s due process rights were violated by the trial court’s appointment of a guardian ad litem. We reverse.

Factual and Procedural Summary

The appeal is taken from an order terminating parental rights, made under section 366.26 of the Welfare and Institutions Code. (Further statutory citations are to that code unless another is indicated.) Two children are involved.

The initial petition was filed under section 300, in June 1999. It asked the court to assert dependency jurisdiction over two children, Jessica G. and J.C.G. (JC). At the time, the children were, respectively, five years and two and one-half years old. The petition alleged that both were exposed to violent confrontations and other domestic disturbance between Mother and Juan G., the man with whom she was living. Juan G. is the father of JC. There were allegations of sexual abuse and threats by Juan G. against Jessica. It also…