San Diego County Health & Human Services Agency v. Leticia S.

*908 Opinion

Leticia S. appeals the order removing her son, Daniel S., from her custody under Welfare and Institutions Code section 361. 1 Leticia asserts the order must be reversed because she was not properly noticed. She also asserts her due process rights were violated when the court appointed a guardian ad litem for her without proper notice. Although we conclude Leticia was improperly served and the court should not have appointed a guardian ad litem without affording Leticia the opportunity to be heard on the issue of the appointment, both errors are harmless beyond a reasonable doubt. Accordingly, we affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND

Leticia is a chronic paranoid schizophrenic. She was supposed to treat her schizophrenia by taking a daily oral medication and a monthly injection.

By June 2003, Leticia had not refilled the prescription for her oral medication since December 2002 and had not received her injection since April 2003. Later in June, she refused to allow family members into her home to see Daniel, who was then nine months old. Although it is not clear from the record, her refusal to let anyone see Daniel for more than one week apparently…