San Diego County Health & Human Services Agency v. Deborah M.
Opinion
lead Opinion
O’ROURKE, J.
Deborah M. (Mother) appeals the judgment terminating her parental rights over Amber, Samuel, and Destiny M. She contends the court abused its discretion by denying her modification petition (Welf. & Inst. Code, § 388) 1 and by terminating her parental rights without receiving information about Amber’s and Samuel’s wishes (§ 366.26, subd. (h)), deprived her of her constitutional right to call Amber as a witness, and erred by failing to find the children would benefit from a continued relationship with her (§ 366.26, subd. (c)(1)(A)). We agree with the last contention.
Background
In August 1999, when Amber, Samuel, and Destiny were almost five years old, two and one-half years old, and seven months old, the San Diego County Health and Human Services Agency (the Agency) filed dependency petitions because Mother left Destiny alone in a bathtub full of water, where she was found submerged and almost drowned. Amber and Samuel were detained in Polinsky Children’s Center, and then with their maternal grandmother (Grandmother), and Destiny was detained in a foster home. Amber and Samuel were then placed with Grandmother and Destiny was placed in a foster home. By…