San Diego County Department of Social Services v. Agatha B.
Opinion
Lead Opinion
Kremer, J.
Agatha B. appeals the juvenile court’s order declaring her children Christina and Daniel B. dependents (Welf. & Inst. Code, § 360, subd. (c)), removing them from her physical custody (Welf. & Inst. Code, § 361, subd. (b)(1)), and placing them with their father Walter B. (Welf. & Inst. Code, § 361.2, subd. (b).) She contends the court erred in appointing her a guardian ad litem and in accepting the guardian ad litem’s waiver of her due process rights. We agree with the second contention.
*1444 Background
Agatha and Walter married in 1979 but later separated. Christina was born July 14, 1982, and Daniel was bom October 20, 1985. The family’s history includes several child protective service (CPS) referrals.
In 1988, Walter hit Christina with a belt but the investigating social worker determined it was an isolated incident. The case was closed after both parents were counseled. In 1989, there was a report of Agatha’s homicidal ideation toward Walter and the children. This case was closed due to insufficient evidence of danger. In 1990, it was reported Agatha used a belt on Christina, Agatha had been diagnosed as paranoid schizophrenic, and she thought someone was going to…