County of Los Angeles Department of Adoptions v. Guadalupe O.

Opinion

STEPHENS, J.

Appellant, Guadalupe O., the mother of minors Adrian O. and David O. (hereinafter appellant), appeals from a judgment in favor

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of respondent, the County of Los Angeles Department of Adoptions (hereinafter respondent), declaring that appellant’s children should be free from her custody and control. That judgment also terminated her parental rights.

Appellant, designated an indigent by the court in all proceedings below, contends that the $200 filing fee paid by her in this action must be refunded. We agree, and order the fee returned. We also find that the remainder of her appeal lacks merit.

On January 24, 1977, David O. was declared a dependent child of the juvenile court pursuant to Welfare and Institutions Code section 300, subdivisions (a) and (d).

On June 8, 1979, David’s brother, Adrian O., was also declared a dependent child of the court pursuant to section 300, subdivision (a), of the Welfare and Institutions Code. Both children remained dependents of the court until May 1982.

On May 21, 1982, respondent filed a petition pursuant to Civil Code section 232, subdivision (a), subparagraphs (1), (2), (6) and (7), to declare the children free from their mother’s care, as well as the care of two other persons.

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On September 28, 1982, the cause was called for trial with appellant being represented by court-appointed counsel.

In October of 1982, judgment was rendered in which it was determined that it would be detrimental to the children to be returned to their parents. Accordingly, and in reliance on Civil Code section 232, subdivision (a)(7), the minors were declared free from their parents’ control.

Appellant thereafter filed a proper notice of appeal from the judgment. The appeal also included a statement of indigency.

On December 20, 1982, the court found the mother to indeed be an indigent. Preparation of a clerk’s and reporter’s transcript was thereafter ordered by the court at no cost to appellant.