Los Angeles County Department of Children's Services v. Kathleen S.

Good Law
1988 Cal. App. LEXIS 452·201 Cal. App. 3d 315·247 Cal. Rptr. 100
Court of Appeal of CaliforniaMay 17, 1988No. B025129California2,283 words

Opinion

Lead Opinion

Ashby, J.

Appellant Kathleen S., the mother of Matthew S., appeals from the judgment which terminated her parental rights. We affirm.

*318 Statement of Case

The Los Angeles County Department of Children’s Services filed a petition pursuant to Welfare and Institutions Code section 300, subdivision (a) after two-year-old Matthew fell from a second-story window while living with appellant. On June 16, 1982, the juvenile court took dependency jurisdiction over Matthew although he remained in appellant’s custody. A supplemental petition was filed and on December 12, 1983, custody of the child was taken from appellant and given to his maternal grandparents.

Thereafter, respondent Los Angeles County Department of Children’s Services petitioned to free Matthew from appellant’s parental custody pursuant to Civil Code section 232, subdivisions (a)(1), (2) and (7). The petition was filed to allow the maternal grandparents to adopt Matthew.

Because personal service could not be obtained, notice of the proceedings was published. When neither appellant nor Matthew’s father appeared, the matter proceeded as a default, and the parents’ custody and control of Matthew was terminated. Appellant…

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