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

INTRODUCTION

Frank R. (father) appeals from the order of the juvenile court terminating his parental rights to nine-year-old twins Frank and Teena. (Welf. & Inst. Code, § 366.26.) 1 He contends that the court denied him due process by terminating his rights without a finding he was unfit. We agree and reverse the order.

FACTUAL AND PROCEDURAL BACKGROUND

1. The children are detained.

The children were residing with their mother at a sober living facility in December 2007 when mother was arrested and charged with child cruelty for abusing Teena. 2 Father’s whereabouts were unknown and so the juvenile court detained the children and placed them in foster care in San Bernardino County where they remained for most of their dependency.

The Los Angeles County Department of Children and Family Services (the Department) located father living in a motel. Father had no stable housing. He was trying to obtain subsidized housing. Father was unemployed and received Supplemental Social Security Income benefits because of a work-related injury, some of which income was sent directly to the twins. Father had an arrest history prior to 1996, including numerous convictions for being…