Orange Cty. Soc. Servs. Agency v. Julie M.

Good Law
103 Cal. Rptr. 2d 649·2001 Cal. App. LEXIS 77·2001 Daily Journal DAR 1243·86 Cal. App. 4th 1023·2001 Cal. Daily Op. Serv. 981
Court of Appeal of CaliforniaJanuary 31, 2001No. G027222California3,689 words

Opinion

Lead Opinion

Sills, J.

This appeal is from a judgment terminating the parental rights of Julie M. to her son Steven H. The appeal asserts the judgment must be reversed because the Orange County Social Services Agency (SSA) failed to comply with the requirement of Welfare and Institutions Code section 366.23, subdivision (b)(5)(B), 1 that notice of the termination hearing be served on Steven’s grandparents. We issued an order indicating we were considering dismissing the appeal on our own motion, on the ground that Julie herself had not authorized it. Julie’s counsel filed opposition, arguing that the requirement appellant personally authorize an appeal did not apply where, as here, the appellant is a minor. Counsel also contended that dismissal of the appeal for lack of authorization was improper where the basis of the appeal is lack of proper notice to appellant in the trial court.

*1026 We determined that the motion to dismiss would be resolved in conjunction with the merits of the'appeal. Now, having considered counsel’s arguments in light of the facts contained in the record, we conclude that dismissal of the appeal is inappropriate. We further conclude that the requirement of notice to…

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