196 Cal. App. 4th 1319
Cal. Ct. App.2011Background
- In Oct 2007, 10-year-old A.D. and her sister were taken into protective custody after a home search revealed meth and weapons in reach of the children.
- Dependency petitions were sustained in Jan 2008; the children were placed with a relative and mother began counseling and outpatient drug rehab.
- Over 2008–2009, mother repeatedly tested positive for methamphetamine and faced concerns about safety, leading to periods of monitoring and renewed warnings.
- In Oct 2009 mother missed drug tests; an alleged altered test led to removal of the children; a June 2010 arrest and incarceration were discovered.
- A supplemental petition in Nov 2009 alleged ongoing risk due to missed tests, failure to follow the plan, and undisclosed arrest; the older sister subsequently ran away but was not located.
- By Jan 2011, after years of limited participation, the SSA recommended termination of reunification services and long-term foster care; mother failed to appear until after the hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was notice to mother proper for the 12-month review? | Mother contends notice and SSA report were lacking. | SSA argues notices complied or errors harmless. | Harmless error; no reversal |
| Does failure to provide a statutorily required report or notice compel automatic reversal? | Failure to provide statutorily required documents is structural error. | Error may be harmless given the record and outcome. | Not automatic reversal; harmless error analysis applied |
| Did the court abuse its discretion by denying vacatur and proceeding with the long-term foster care plan? | Mother lacked notice and a contested 12-month hearing; vacatur warranted. | No good cause or changed circumstances shown; decision within discretion. | No abuse of discretion; orders affirmed |
Key Cases Cited
- In re DeJohn B., 84 Cal.App.4th 100 (Cal. Ct. App. 2000) (abject failure to locate mother for notice reversed per se)
- In re Jasmine G., 127 Cal.App.4th 1109 (Cal. Ct. App. 2005) (notice of termination hearing key to fairness; per se reversible error)
- Judith P. v. Superior Court, 102 Cal.App.4th 535 (Cal. Ct. App. 2002) (failure to provide status report; structural error requiring reversal)
- In re James F., 42 Cal.4th 901 (Cal. 2008) (harmless error analysis in dependency proceedings; structural error cautioned)
- Nickolas F. v. Superior Court, 144 Cal.App.4th 92 (Cal. Ct. App. 2006) (court may vacate orders; abuse of discretion not shown)
- David B. v. Superior Court, 140 Cal.App.4th 772 (Cal. Ct. App. 2006) (contested hearing right; offer of proof not provided timely)