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In re Hope D

In re Hope D
05:14:2006

In re Hope D




Filed 5/2/06 In re Hope D. CA2/2





NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS




California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.


IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA







SECOND APPELLATE DISTRICT







DIVISION TWO

















In re HOPE D., a Person Coming Under the Juvenile Court Law.



B185717


(Los Angeles County


Super. Ct. No. CK40917)



LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,


Plaintiff and Respondent,


v.


JOHNNY G.,


Defendant and Appellant.




APPEAL from a judgment of the Superior Court of Los Angeles County. Robin Kesler and Valerie Skeba, Juvenile Court Referees. Affirmed.


Sharon S. Rollo, under appointment by the Court of Appeal, for Defendant and Appellant.


Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, Jacklyn K. Louie, Deputy County Counsel, for Plaintiff and Respondent.


No appearance for Minor.


* * * * * *


Johnny G. (Father) appeals from the juvenile court's order terminating his parental rights under Welfare and Institutions Code section 366.26[1] while he was incarcerated. He contends that: (1) The juvenile court's failure to orally inform him of his right to file a writ petition challenging the findings and orders at the hearing setting the section 366.26 hearing was a violation of due process preserving for review in the instant appeal those findings and orders; and (2) the juvenile court's order at the setting hearing terminating his reunification services under section 361.5, subdivision (e)(1) was not supported by substantial evidence. We conclude that because the juvenile court failed to give Father oral notice of his right to file a writ petition to challenge the findings and orders at the setting hearing, he may raise such challenges in this appeal. However, we find no merit to father's challenge to the order terminating his reunification services. We therefore affirm the judgment.


FACTUAL AND PROCEDURAL BACKGROUND


In August 2004, Hope D. was born prematurely weighing one pound, 14 ounces. Although Hope tested negative for drugs, her mother, Catrina D. (Mother), tested positive for methamphetamines upon admission to the hospital ten days before the birth. The Los Angeles County Department of Children and Family Services (Department) filed a petition on Hope's behalf, alleging that Mother had an â€





Description A decision regarding juvenile court's order terminating parental rights under Welfare and Institutions Code .
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