Los Angeles County Department of Children & Family Services v. Ruth M.

Good Law
108 Cal. Rptr. 2d 856·2001 Cal. App. LEXIS 524·2001 Daily Journal DAR 7025·90 Cal. App. 4th 530·2001 Cal. Daily Op. Serv. 5756
Court of Appeal of CaliforniaJuly 6, 2001No. B146015; No. B148362California1,712 words

Opinion

Lead Opinion

Grignon, J.

Mother appeals from the order terminating her parental rights under Welfare and Institutions Code section 366.26. 1 Mother also petitions for a writ of habeas corpus seeking reversal of the order on the ground of ineffective assistance of counsel occurring in connection with the termination hearing. In the published portion of this opinion, we conclude mother is entitled to seek habeas corpus relief, since her petition was filed concurrently with the filing of the opening brief in her pending appeal and the termination order is thus not final. In the unpublished portion of the opinion, we conclude the petition fails to state a prima faqie case for relief and deny the petition. Also in the unpublished portion of the opinion, we address mother’s contentions in the appeal and affirm the order terminating parental rights.

*533 Facts and Procedural Background *

Discussion

I.-IIL*

IV. Habeas Corpus Petition

Mother contends her counsel was ineffective for failing to object to defective notice, request a continuance, and communicate with her prior to the section 366.26 hearing. She argues these failings adversely affected her ability to regain custody of Carrie by filing a…

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