Fresno County Department of Social Services v. Mark G. V.

Facts

We are concerned with the fate of three children, Mark V., Athena V., and Erica H. Erica is the half-sister of Mark and Athena. Appellant is the *756 natural father (Mark G. V.) of two of the children—Mark and Athena. On April 18, 1984, the court issued an order terminating the parental rights of appellant as to Mark and Athena and an appeal was filed.

During a time when appellant, Jacquelyn (Jackie), the mother of the three children, and Jackie’s foster sister, Olga, lived with the children in Fresno, Jackie died as a result of stab wounds inflicted by appellant. The murder occurred early in the morning in a bedroom of the home where appellant resided while the children were asleep in another room; the parents were arguing. Following the attack, appellant voluntarily called the police and waited for their arrival. Appellant was convicted of murder in the second degree.

The children live with Carrie and Tony Q. Jackie was Carrie Q.’s niece. The Q.’s and the children are very attached to one another and live as a family. The Q.’s are supportive of appellant’s efforts to maintain contact with his children. Appellant writes weekly and sees the children when the Q.’s…