Los Angeles County Department of Children & Family Services v. Rosa R.

Appellant Rosa R. (mother) appeals 1 from the jurisdictional order entered July 7, 2004, declaring her minor children, Iris R. (bom April 1990) and Melvin R. (bom February 1997), dependent children of the court *339 under Welfare and Institutions Code section 300, subdivision (g). 2 Contrary to appellant’s related contentions, her absence at the dependency jurisdictional hearing because of her incarceration on charges of kidnapping illegal aliens for ransom and conspiracy to commit extortion did not violate her statutory right to be present (see Pen. Code, § 2625, subd. (d)) or, under the circumstances, result in any prejudicial denial of due process.

FACTUAL AND PROCEDURAL SUMMARY

In May of 2004, appellant and the minors’ father were arrested in Corona on charges of kidnapping for ransom and conspiracy to commit extortion. Police officers found appellant’s 14-year-old daughter and 7-year-old son in Long Beach, home alone with no caretaker. The officers took the children into protective custody and then contacted the Los Angeles County Department of Children and Family Services (DCFS).

Appellant, who was incarcerated in the Riverside County Jail, indicated that a…