San Diego County Health & Human Services Agency v. Lee C.

*1405 Opinion

Lee C. appeals a judgment terminating his parental rights to his son, O. S., under Welfare and Institutions Code section 366.26. 1 He also petitions for a writ of habeas corpus. In his appeal, Lee contends he was denied due process when his parental rights to O. S. were terminated because he did not receive timely notice of the detention, jurisdiction, and disposition hearings. In his petition, he contends he received ineffective assistance of counsel because his counsel did not object to the lack of notice or establish his status as a presumed father. Because we conclude Lee received ineffective assistance of counsel, we grant the relief requested in the writ petition and dismiss the appeal as moot.

Factual and Procedural Background

The San Diego County Health and Human Services Agency (the Agency) removed O. S. shortly after his September 2001 birth from the custody of his mother, Pamela S., and filed a section 300 petition on his behalf because Pamela’s mental illness and hospitalization in a mental health ward rendered her unable to care for the child. Pamela identified Lee as the alleged father, but did not know his whereabouts.

In late October 2001, the…