Los Angeles County Department of Children & Family Services v. Susan S.

Opinion

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, 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 [109212], 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.

Mother filed a petition for extraordinary writ under section 366.26, subdivision (l) and California Rules of Court, rule 39.IB, challenging the juvenile court’s order denying family reunification services and setting the matter for a selection and implementation hearing. (§ 366.26.) This court filed an opinion on August 8, 2000, denying mother’s petition.

Meanwhile, father signed a form “Waiver of Notice of Hearing” waiving notice of the permanency planning hearing, scheduled for May 15, 2000. Added to the bottom of the form was “I also hereby waive notice to any and all future hearings and I request the court hold future hearings without me.”

The contested selection and implementation hearing began on November 13, 2000. Mother appeared but father did not. Aware of a notice issued to father two months earlier, the court asked the parties to discuss father’s waiver. The court learned that the Los Angeles County Department of Children and Family Services (the Department) had sent notice of the hearing to father at his residential treatment program, but that father had earlier left the program without authorization and without leaving a forwarding address. Father’s whereabouts were unknown.