Merced County Department of Human Resources v. Maria V.
Opinion
Lead Opinion
Martin, J.
On August 26, 1986, a petition to declare minors Damian V. and Andrew V., Jr., free from parental custody and control was *935 filed in Merced County by the Merced County Department of Human Resources pursuant to Civil Code section 232.
On November 14, 1986, Temporary Judge Milbourne Gwin granted the petition as to the mother, Maria V., who failed to appear. Andrew V., Sr., the father, appeared and objected to the petition and the matter was set for hearing.
On January 9, 1987, Maria V. filed a timely notice of appeal from the judgment freeing her minor children from her care, custody and control.
On February 2, 1987, the hearing on the petition as to the father, Andrew V., Sr., commenced before Merced County Superior Court Judge George C. Barrett. After receiving testimony the matter was continued until February 9, 1987, at which time additional testimony was produced and the matter was again continued until February 11. On February 11, 1987, the court found the children came within the provisions of section 232, subdivisions (3) and (7); it would be detrimental for the children to be returned to the custody and control of their father, Andrew V., Sr.; and the…