Los Angeles County Department of Adoptions v. Maretta M.

Good Law
145 Cal. Rptr. 548·1978 Cal. LEXIS 220·21 Cal. 3d 170·577 P.2d 683
Supreme Court of CaliforniaApril 27, 1978L.A. No. 30862California3,158 words

Opinion

lead Opinion

Bird, J.

*173 Opinion

Maretta M. seeks relief from this court after the Court of Appeal dismissed her appeal from an order of the superior court terminating her parental rights to her daughter, Jacqueline H. Two issues are presented: (1) Is an indigent person, appealing from a judgment following a hearing pursuant to Civil Code section 232, entitled to appointed counsel? (2) Does failure to advise an indigent appellant of her right to counsel excuse her. failure to timely file an opening brief?

I

On October 16, 1975, the Los Angeles County Department of Adoptions initiated proceedings pursuant to Civil Code section 232 et seq. to permanently terminate appellant’s parental rights and custody of her daughter, Jacqueline H. The superior court appointed counsel to represent appellant because of her indigency. (Civ. Code, § 237.5.) After a hearing on June 23, 1976, appellant’s parental rights were terminated by order of the superior court. A timely notice of appeal from that order and a request for transcripts without cost to appellant were filed by her court-appointed counsel. (Crespo v. Superior Court (1974) 41 Cal.App.3d 115 [ 115 Cal.Rptr. 681 ].) On November 10, 1976, appellant’s trial…

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