San Diego County Health & Human Services Agency v. Athena V.

Good Law
140 Cal. App. 4th 676·2006 Cal. App. LEXIS 901·2006 Daily Journal DAR 7725·44 Cal. Rptr. 3d 724·2006 Cal. Daily Op. Serv. 5389
Court of Appeal of CaliforniaJune 19, 2006No. D047692California3,660 words

Opinion

lead Opinion

Aaron, J.

Athena V. and Bernardo G. appeal a judgment terminating their parental rights over Enrique G. Athena contends that the juvenile court violated her due process rights by appointing a guardian ad litem for her and that the appointment order is not supported by substantial evidence. Bernardo joins in Athena’s contentions. 1 We affirm.

BACKGROUND

On June 23, 2004, 22-month-old Enrique was with Athena at a shopping mall. She yelled at him and screamed obscenities, threw food at him, shook him, and hit him in the face. When a witness confronted her, Athena said, “This is my kid and I can do whatever I want.” The police were called and took Enrique to Polinsky Children’s Center (Polinsky), an emergency shelter operated by the San Diego County Health and Human Services Agency (Agency). 2 A physical examination of Enrique revealed that he had been physically abused.

On June 24, 2004, Athena left several telephone messages for the Agency social worker assigned to the case, asking when she could pick up Enrique. She went to Polinsky and made the same inquiry. A staff member at Polinsky apparently telephoned the social worker, who spoke with Athena. Athena seemed not to understand…

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