In Re Brian W.

* Pursuant to California Rules of Court, rules 976(b) and 976.1, this opinion is certified for publication with the exception of Facts and part B. of the Discussion.

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 431 OPINION

In this juvenile dependency proceeding (Welf. Inst. Code, §300),1 the four children of appellant, Christine W., were placed in foster care. On appeal from the jurisdictional finding that the children were dependent children, appellant claims procedural error and insufficiency of the evidence. We affirm the juvenile court's order.

PROCEDURAL HISTORY On January 9, 1995, the City and County of San Francisco Department of Social Services (DSS) petitioned to have the four minor children of Edward W. and Christine W. declared dependent children. At the detention hearing held on January 10, 1995, counsel was appointed for each parent and for the minors. Edward W., the father, appeared personally and with counsel, but Christine W., the mother, was not present although her attorney was.

The case was set for January 31, 1995, for a "J-1" hearing. On January 31 both parents, through counsel, denied the allegations of the petition, and the matter was continued to March 8 for a settlement conference on jurisdictional and dispositional issues. The juvenile court referee ordered the parents to appear. On March 8 the matter was again continued to March 28 for a settlement conference.

On March 28 the settlement conference was held. Neither parent personally appeared, but both were represented by counsel. The father's attorney asked that the "appropriate orders" be entered but stayed, as counsel believed the father intended to appear. The request was denied. The mother's attorney stated he did not know where his client was. The juvenile court *Page 432 referee found that both parents had wilfully failed to appear and entered both parents' default. The referee then proceeded to adjudicate the petition.

Based upon the social worker's report and the information presented at the detention hearing, the referee made jurisdictional findings that the allegations of the petition were true and that the minors are persons described by section 300 The referee then proceeded immediately to disposition and ordered the minors placed in foster care. The court ordered various conditions for reunification and set the matter for six-month and twelve-month reviews.

The father subsequently moved to set aside the default judgment, asserting that he had run out of gas on his way to the courtroom. The motion was denied.