Fresno County Department of Social Services v. Pauline D.

Pauline D. appeals from an order terminating her parental rights (Welf. & Inst. Code, § 366.26) with respect to her son, Malcolm. 1 She contends she did not receive proper notice of the section 366.26 permanency planning hearing, and the juvenile court at the section 366.26 hearing erroneously granted her attorney’s motion to withdraw as her counsel. On review, we conclude although the mother received notice as prescribed by statute, the court did violate her statutory right to counsel by relieving her attorney. The error, however, was harmless.

The Case and the Facts

In January 1993, the superior court adjudged Malcolm D., bom March 6, 1991, a juvenile dependent pursuant to section 360, subdivision (c). The court had previously found Malcolm came within its jurisdiction under section 300, subdivisions (b) and (j). Among other things, the child’s mother abused controlled substances and alcohol to the point of impairing her ability *909 to provide suitable and stable housing and adequate care, supervision, food, and clothing.

At the time the court adjudged Malcolm a dependent child, it also ordered him removed from his mother’s custody pursuant to section 361,…