In Re Matter of Vincent S.

California Court of Appeal Oct 12, 2001 No. B146018Published

Before: Aldrich

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Holding. The juvenile court committed procedural error by terminating a mother's parental rights in a separate proceeding from the father's, in violation of California Rules of Court, rule 1463(a). However, because the father's rights were subsequently terminated and he did not appeal, the error was harmless and did not warrant reversal.

Issues

Whether the juvenile court erred by terminating the parental rights of one parent in a proceeding separate from the other parent.
Whether the procedural error of terminating parental rights in separate proceedings constitutes reversible error when the other parent's rights are later terminated.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The court may not terminate the rights of only one parent under section 366.26 unless that parent is the only surviving parent”

“It is clear that the court committed a procedural error under California Rules of Court, rule 1463(a) when it terminated mother's rights in a hearing separate from the hearing in which the father's rights were terminated.”

“Accordingly, remand for another hearing would constitute an idle act; and the law does not require idle acts.”

112 Cal.Rptr.2d 476 (2001) 92 Cal.App.4th 1090 In re VINCENT S., a Person Coming Under the Juvenile Court Law.

Los Angeles County Department of Children and Family Services, Plaintiff and Respondent,

Susan S., Defendant and Appellant.

No. B146018. Court of Appeal, Second District, Division Three.

October 12, 2001. Rehearing Denied October 25, 2001. Review Denied January 3, 2002. Konrad S. Lee, for Defendant and Appellant.

Lloyd W. Pellman, County Counsel, and Doraine F. Meyer, Senior Deputy County Counsel, for Plaintiff and Respondent.

Certified for Partial Publication.[*]

ALDRICH, J.

INTRODUCTION

Mother, Susan S., appeals from the order terminating her parental rights over Vincent S. (Welf. & Inst.Code,[1] § 366.26.) We hold that the court committed procedural error because California Rules of Court, rule 1463(a) prohibits the juvenile court from terminating the rights of one parent at a time. However, because the parental rights of father, Charles C, were terminated in a later proceeding and father abandoned his appeal of that order, [477] the error was harmless. Accordingly, we affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND

Mother has a history of drug use and contacts with law enforcement. Father was incarcerated and has had no contact with the child. On February 1999, mother left then two-month-old Vincent in a parked car while she entered a store. Mother was arrested after attempting to exchange for a cash refund merchandise she had not purchased. At the time, she possessed an altered driver's license.

Vincent was declared a ward of the court pursuant to section 300, based on a petition which alleged that mother placed the child in an endangering situation, was incarcerated, tested positive for methamphetamine, and had another child who was currently a dependent of the court.[2] Father, the petition further alleged, was incarcerated and unable to care for Vincent.

In Re Matter of Vincent S.

AI Brief

ALDRICH, J.

INTRODUCTION

FACTUAL AND PROCEDURAL BACKGROUND

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DISCUSSION

DISPOSITION

NOTES

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