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In re MADISON W.

In re MADISON W.
08:14:2006

In re MADISON W.,





CERTIFIED FOR PARTIAL PUBLICATION*




IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA




FIFTH APPELLATE DISTRICT














In re MADISON W., a Person Coming Under the Juvenile Court Law.




TULARE COUNTY HEALTH AND HUMAN SERVICES AGENCY,


Plaintiff and Respondent,


v.


OFELIA W.,


Defendant and Appellant.



F049851


(Super. Ct. No. J05-59555)



O P I N I O N



APPEAL from a judgment of the Superior Court of Tulare County. Charlotte A. Wittig, Juvenile Court Referee.


Mario de Solenni, under appointment by the Court of Appeal, for Defendant and Appellant.


Kathleen Bales-Lange, County Counsel, and Bryan Walters, Deputy County Counsel, for Plaintiff and Respondent.


-ooOoo-


Ofelia W. appeals from an order terminating her parental rights (Welf. & Inst. Code, § 366.26) to her daughter Madison.[1] Appellant contends the court erred three days earlier by denying her petition for reunification services (§ 388). On review, we will affirm.


In the published portion of our opinion, we hold liberal construction of a parent's notice of appeal from an order terminating parental rights encompasses the denial of the parent's section 388 petition provided the trial court issued its denial during the 60-day period prior to the parent's filing the notice of appeal


PROCEDURAL AND FACTUAL HISTORY*


Madison W. tested positive for methamphetamine at birth on May 18, 2005. Confronted with the test results, appellant admitted using the narcotic throughout her pregnancy. Appellant claimed in a May 18th interview with a social worker from respondent Tulare County Health and Human Services Agency (the agency) that she was going to go to a drug program but â€





Description Liberal construction of a parent's notice of appeal from an order terminating parental rights encompasses the denial of the parent's petition for modification under Welfare and Institutions Code Sec. 388 provided the trial court issued its denial during the 60-day period prior to the parent's filing the notice of appeal.
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