In Re Julian L.

Julian L. v. Kelly A.

Good Law
1998 Cal. App. LEXIS 859·67 Cal. App. 4th 204·78 Cal. Rptr. 2d 839·98 Daily Journal DAR 10801·98 Cal. Daily Op. Serv. 7803
Court of Appeal of CaliforniaSeptember 24, 1998B119794California1,635 words

Opinion

Opinion

Epstein, J.

Kelly A. (mother) argues that the termination of her parental rights with respect to Julian L. (minor) is void because: (1) the court improperly relieved her counsel, (2) she was not notified of the hearing under Welfare and Institutions Code section 366.26, (3) the court refused to grant a continuance to provide mother’s newly appointed counsel a chance to speak with her, and (4) the court failed to consider minor’s wishes. We agree and accordingly reverse the judgment.

Factual and Procedural Summary

This appeal concerns a minor who was bom in July 1989 and was a dependent of the court in October 1995. Mother is a drug addict with a history in the dependency court and in the prison system. In September 1996, the court determined that reasonable reunification services had been provided and that returning minor to his parents would be detrimental. Mother did not challenge that finding.

One year later, while incarcerated, mother waived her attendance at a permanency planning hearing set for October 10, 1997. The waiver statement was part of a notice that informed mother that her “presence is required in Department 426 of the Juvenile Dependency Court[,j Lancaster…

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