Orange County Social Services Agency v. Dora C.

Dora C. (appellant), the mother of Laura H. (minor), appeals from orders terminating her parental rights and finding minor adoptable. We conclude appellant’s rights under Welfare and Institutions Code section 350, subdivision (b) 1 were denied during in camera questioning of the minor and reverse.

*1692 Procedural History

On November 2,1989, a dependency petition was filed pursuant to section 300, subdivision (b) alleging that appellant had failed to protect minor from abuse. 2 Minor was detained and placed with her maternal aunt and uncle. A default was ultimately entered against minor’s father, whose whereabouts were unknown, and appellant pleaded nolo contendere to the dependency petition. The status quo was maintained at the six-month review hearing on October 22, 1990, and at the twelve-month review on May 3, 1991, appellant and her attorney entered into a stipulation terminating reunification services and setting the matter for a section 366.26 selection and implementation hearing.

At the section 366.26 hearing, minor testified in camera but appellant’s counsel was not present. The court terminated appellant’s parental rights, found minor adoptable, and ruled…