In Re Rashad H.

92 Cal.Rptr.2d 723 (2000) 78 Cal.App.4th 376 In re RASHAD H. et al., Persons Coming Under the Juvenile Court Law.

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

v.

Steven H., Defendant and Appellant.

No. B133778. Court of Appeal, Second District, Division Five.

February 17, 2000. As Modified March 2, 2000. [724] Nancy E.B. Nager, under appointment by the Court of Appeal, Calabasas, for Defendant and Appellant.

Lloyd W. Pellman, County Counsel, Jerry M. Custis, Deputy County Counsel, for Plaintiff and Respondent.

TURNER, P.J.

Steven H., the father, has appealed from an order terminating parental rights to the minors, Rashad and Brandon H., pursuant to Welfare and Institutions Code section 366.26. Counsel for the father and the Department of Children and Family Services (the department) have stipulated that the Welfare and Institutions Code section 366.26 parental termination rights order may be reversed and the remittitur issued forthwith. After complying with the new provisions of Code of Civil Procedure section 128, subdivision (a)(8) which were effective January 1, 2000, we accept the stipulation and reverse the Welfare and Institutions Code section 366.26 order.

The father's opening brief argues that he did not receive proper notice of the Welfare and Institutions Code section 366.26 hearing. The department agrees that the father did not receive proper notice of the Welfare and Institutions Code section 366.26 hearing. We have independently reviewed the record and it reveals the following. The case was set for a Welfare and Institutions Code section 366.26 hearing on March 18, 1999. Counsel was appointed for the minors at the March 18, 1999, hearing at which the father was present. Otherwise, the matter was continued to April 20, 1999. The father was not present at the April 20, 1999, hearing. The April 20, 1999, Welfare and Institutions Code section 366.26 hearing was then continued again to May 20, 1999. The father was not present at the May 20, 1999, Welfare and Institutions Code section 366.26 hearing. Because there were no birth certificates available on May 20, 1999, the Welfare and Institutions Code section 366.26 hearing was continued yet again to May 24, 1999. On May 24, 1999, the trial court entered the order terminating parental rights and the father was not present. Further, the father's counsel was not present. There is nothing in the record to indicate directly or inferentially that the father had any notice of the Welfare and Institutions Code section 366.26 proceedings occurring after April 20, 1999. The parties are in agreement that there was noncompliance with the notice requirements of Welfare and Institutions Code section 366.23, subdivision (a).[1]