Los Angeles County Department of Children & Family Services v. Theodora T.

Introduction

Theodora T. (mother) appeals from the order terminating her parental rights to her daughter Tamika. At the Welfare and Institutions Code section 366.26 1 hearing, she attempted to defeat termination of her rights by arguing the “regular visitation and contact” exception. The trial court asked for and received an offer of proof from her on that issue. The court found the offer insufficient to warrant a contested hearing and, after making all appropriate findings, terminated parental rights. She now contends she has a statutory and constitutional right to a contested hearing so that the trial court committed reversible error per se in requiring her to first make an offer of proof.

We disagree. We adhere to the view we expressed in In re Jeanette V. (1998) 68 Cal.App.4th 811 [ 80 Cal.Rptr.2d 534 ]: A parent is entitled to due process at a hearing to terminate parental rights but due process is a flexible concept. Applying that principle to this case, we conclude a trial court does not deny due process if it requires a parent to make an offer of proof before it conducts a contested hearing on the issue of whether a parent can discharge his or her burden of…