San Diego County Department of Social Services v. Rosemary D.

[697]

Opinion

WIENER, J.

The San Diego County Department of Social Services (County) petitioned to free Cleopatra D. from the custody and control of her mother, Rosemary D. (Rosemary), alleging cruel treatment and/or neglect and failure to maintain an adequate parental relationship. (Civ. Code, § 232, subds. (a)(2) and (a)(7).)

1

Neither Rosemary nor the presumed father appeared at trial. Rosemary appeals judgment in favor of the County on grounds the court’s refusal to authorize travel expenses from Saginaw, Michigan, denied her due process, equal protection and effective assistance of counsel. She also claims the County failed to show by clear and convincing evidence that permanent severance of the parent-child relationship was the least detrimental alternative for the child. We affirm the judgment.

Discussion

I

Before trial Rosemary and Cleopatra’s presumed father joined in a motion requesting transportation expenses from their home in Saginaw, Michigan, to San Diego to attend the trial. Rosemary asked that the travel costs be paid by the County. The court denied the motion for lack of statutory authority and because the history of the case “indicated absolutely no effort by the parents to have any contact with the child.” Rosemary renewed her motion at the close of the County’s case. The court again denied the motion on grounds that: (1) counsel for the parents had made no pretrial offer of proof of the parents’ anticipated testimony; (2) the parents had failed to comply with the reunification plan, which constituted abandonment; and (3) counsel for the parents had sufficient time to file a writ after the motion was first denied, but failed to do so.

Rosemary’s due process and equal protection challenge raises questions concerning the nature of parental rights and the extent to which such rights are accorded constitutional protection. Although our courts acknowledge that parenting is a fundamental right to be disturbed only in extreme cases of persons acting in a fashion incompatible with parenthood

(In re Angelia P.