Donald H. v. Tanya S.

Tanya S. appeals from the judgment declaring her five-year-old son, R. S. (the minor), free from her custody and control (Civ. Code, § 232, subd. (a)(6)) 1 and appointing Donald H. and Debra H. (hereafter petitioners) as guardians of the minor (§ 239). Petitioners filed the petition to free the minor from Tanya’s custody and control. In it they alleged that Tanya was and would remain incapable of supporting or controlling the minor because of mental deficiency or mental illness.

Tanya urges on appeal that the judgment terminating her parental rights should be reversed because the trial court failed to make the required finding that immediate termination was the least detrimental alternative to protect the interests of the minor. Additionally, Tanya contends (1) the trial court’s findings and judgment are not supported by clear and convincing evidence, (2) both she and the minor were denied effective assistance of counsel, and (3) the trial court should have appointed a guardian ad litem for her. We agree that the trial court’s failure to find that immediate termination of the parental relationship was the least detrimental alternative available to protect the welfare of…