Humboldt County Department of Social Services v. Christine R.

Opinion

HANING, J. Christine R. appeals from judgments declaring her three minor children free from parental custody and control pursuant to Civil Code section 232, subdivisions (a)(1) and (a)(7).1 The minors were all adju[225]dicated dependent children of the juvenile court prior to January 1, 1989. (See Welf. & Inst. Code, § 366.26 [procedures applicable to minors adjudicated dependent children on or after January 1, 1989].) We conclude the matter must be reversed due to respondent’s failure to prepare and submit to the court the written investigation report required by section 233.

Section 233 states, in part: “Upon the filing of the [section 232] petition, the clerk of the court shall, in accordance with the direction of the court, immediately notify the juvenile probation officer, or the county department designated by the board of supervisors to administer the public social services program, who shall immediately investigate the circumstances of the minor person and the circumstances which are alleged to bring the minor person within any of the provisions of Section 232. The juvenile probation officer or the county department shall render to the court a written report of the investigation with a recommendation to the court of the proper disposition to be made in the action in the best interests of the minor person. [if] The report shall include all of the following: [if] (a) A statement that the person making the report explained the nature of the legal action to end parental custody and control to the minor, [if] (b) A statement of the minor’s feelings and thoughts concerning the pending action, [if] (c) A statement of the minor’s attitude towards his or her parent or parents and particularly whether or not the minor would prefer living with his or her parent or parents, [if (d) A statement that the minor was informed of his or her right to attend the hearing on the petition and the minor’s feelings concerning attending the hearing. The court shall receive the report in evidence and shall read and consider the contents thereof in rendering its judgment, [if] (e) If the age, or the physical, emotional or other condition of the minor precludes his or her meaningful response to the explanations, inquiries, and information required by the provisions of subdivisions (a), (b), (c), and (d), a description of the condition shall satisfy the requirements of those subdivisions.”

Respondent contends that when, as here, the action to terminate parental rights is filed by the county pursuant to section 232.92 rather than