In re A.F. CA4/2

I. INTRODUCTION

Defendant and appellant, S.L., was granted de facto parent status of twins, a boy and a girl, who were bom prematurely and were medically fragile. Plaintiff and respondent, San Bernardino County Children and Family Services (CFS), removed the twins from S.L. on February 17, 2013, when the twins were 23 months old and had been living with S.L. and her family for 14 months, and placed them with a couple who were willing to adopt them. The twins were removed solely because S.L. and her husband had once hesitated to adopt them, even though the L.’s renewed their commitment to adoption before the twins were removed and, by all accounts, the twins were strongly bonded to the L. family and the L.’s had taken outstanding care of the twins.

At the March 5, 2013, Welfare and Institutions Code section 366.26 hearing, the juvenile court refused S.L.’s noticed request to return the twins to her care, vacated her de facto parent status, and denied her request for appointed counsel. S.L. claims the court violated her procedural due process rights to be heard and present evidence.

We reverse the March 5, 2013, orders to the extent they refused to return the twins to…