Stanislaus County Welfare Department v. Johnnette R.

Appellant, who is 35 years old and the mother of Terry E., age 14, Tammy E., age 12, and Daniel R., age 5, appeals from a judgment entered May 31, 1985, pursuant to Civil Code section 232, subdivisions (a)(2) and (4), 1 declaring the minors free from appellant’s custody and control and referring the minors to the Stanislaus County Welfare Adoption Agency for adoption. The judgment followed an October 21,1981, juvenile court finding that the minors were dependent children within the meaning of Welfare and Institutions Code section 300, subdivision (a).

Although the section 232 petition was filed May 10, 1983, pursuant to juvenile court direction, it was not heard until May 15, 1985, because of appellant’s appeal of her criminal convictions.

*937 For the reasons to be stated, we conclude that the evidence is insufficient to support the findings required to terminate appellant’s parental rights under section 232, subdivision (2) or (4). We reverse the judgment.

Statement of Facts

A. In general.

Appellant married Bobby E. July 1, 1969. Terry E. and Tammy E. were bom of that marriage August 26, 1971, and November 14, 1973, respectively. Bobby E. was killed in an…