San Diego County Department of Social Services v. Jacqueline M.

Jacqueline M. appeals from a judgment declaring her daughters, Nalani C. and Autumn C., free from her custody and control pursuant to Civil Code 1 section 232. After granting several continuances to allow Jacqueline and her court-appointed attorney to meet, the trial court relieved counsel on the morning of the trial when Jacqueline failed to appear. Trial proceeded in Jacqueline’s absence and without counsel on her behalf. Jacqueline’s principal assignment of error is that it was improper to hold the trial in her absence and without counsel. Fully cognizant of the principle that the children’s best interest must be paramount in this type of proceeding, 2 we determine, under the circumstances of this case, that the proper procedure would have been to conduct the trial with the attorney remaining to represent Jacqueline’s interests. However, since our review of the entire record shows (1) there is no evidence of error in the proceedings in the absence of counsel and (2) sufficient evidence supported the judgment, we affirm.

Facts

Since Jacqueline raises a substantial evidence argument, we will recite the evidence in some detail.

In August 1982, when Nalani was two and…