San Diego County Department of Social Services v. Jacqueline M.

Opinion

TODD, J. Jacqueline M. appeals from a judgment declaring her daughters, Nalani C. and Autumn C., free from her custody and control pursuant to Civil Code1 section 232. After granting several continuances to allow Jacqueline and her court-appointed attorney to meet, the trial court relieved counsel on the morning of the trial when Jacqueline failed to appear. Trial proceeded in Jacqueline’s absence and without counsel on her behalf. Jacqueline’s principal assignment of error is that it was improper to hold the trial in her absence and without counsel. Fully cognizant of the principle that the children’s best interest must be paramount in this type of proceeding,2 we determine, under the circumstances of this case, that the proper procedure would have been to conduct the trial with the attorney remaining to represent Jacqueline’s interests. However, since our review of the entire record shows (1) there is no evidence of error in the proceedings in the absence of counsel and (2) sufficient evidence supported the judgment, we affirm.

Facts

Since Jacqueline raises a substantial evidence argument, we will recite the evidence in some detail.

In August 1982, when Nalani was two and one-half years old and Autumn was six months old, the children were made dependents of the juvenile court. The previous month, police had placed the children in protective custody after responding to a report of a disturbance in the home. The police found (1) the home to be extremely unsanitary and (2) dangerous items within easy reach of the children. Both children were bruised and [1021]dirty; Nalani had sores on her back. A neighbor said Nalani sometimes was left to wander alone in the street. The girls’ presumed father, Richard C., was living in the home; Jacqueline had moved out of the home two months earlier and her whereabouts were unknown. The children were placed with Richard and his girlfriend, and Richard was instructed to attend parenting classes. In September 1982, there were three additional referrals to the department of social services: (1) University Hospital reported Richard was not giving Nalani medicine for her strep throat; (2) the American Indian Clinic reported Richard failed to return Nalani for a followup on a TB test and Nalani was extremely dirty and had a vaginal irritation that suggested possible molestation, and (3) Richard’s girlfriend reported he had chased her and her child out of the house at knife-point. The girlfriend also said Richard constantly beat Nalani if she cried and he “shot up seven or eight times a day.” In October 1982, Jacqueline was located and was considering reconciliation with Richard. She agreed to attend a drug rehabilitation program with Richard. The juvenile court hearing was continued so the parents could undergo psychological evaluation. They missed five appointments, but the evaluations—which showed both parents so self-absorbed and involved in drug use that they could not focus on their children’s needs—were completed in December 1982. The evaluation on Jacqueline also indicated she was very immature and almost totally incapable of coping with life. At the time she was severely depressed and considered a suicide risk. The evaluation also indicated she might be a borderline schizophrenic, who occasionally passed over the line, then returned to more normal functioning. Also in December 1982, the children were placed in foster care.