Willie S. v. Los Angeles County Department of Children & Family Services

Good Law
1996 Cal. App. LEXIS 638·46 Cal. App. 4th 1802·54 Cal. Rptr. 2d 560·96 Daily Journal DAR 8011·96 Cal. Daily Op. Serv. 5023
Court of Appeal of CaliforniaJune 5, 1996No. B097244California1,828 words

Opinion

Lead Opinion

Nott, J.

*1804 Opinion

Appellant Willie S. appeals from an order terminating parental rights after a hearing held pursuant to Welfare and Institutions Code section 366.26. 1 We affirm.

Contentions

Appellant contends that the juvenile court violated his due process rights when it precluded him from contesting the recommendations of the department of children’s services (DCS) at the selection and implementation hearing.

Facts and Procedural Background

On October 5, 1993, the DCS filed a section 300 petition on behalf of Jasmine J., a newborn. The petition stated that Jasmine had a positive toxicology screen for cocaine shortly after her birth. Additionally, Jasmine’s mother tested positive for cocaine, was a frequent user of cocaine, and had an extensive history of substance abuse. The petition also alleged that appellant, Jasmine’s father, who is 75 years old, was unwilling and/or unable to provide care and supervision for Jasmine. Moreover, Jasmine’s parents were alleged to have prior DCS and juvenile court intervention due to the mother’s drug use. Jasmine’s four siblings 2 are current dependents of the court.

On October 6, 1993, the juvenile court held an arraignment/detention…

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