In re Adriana G.
Filed 9/5/06 In re Adriana G. CA6
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
In re ADRIANA G., a Person Coming Under the Juvenile Court Law. | H029584 (Santa Clara County Super. Ct. No. JD16225) |
SANTA CLARA COUNTY DEPARTMENT OF FAMILY AND CHILDREN'S SERVICES, Plaintiff and Respondent, v. GABRIELA G., Defendant and Appellant. |
This case is a juvenile dependency action in which Gabriela G. (mother) appeals an order removing her daughter from her custody. She maintains the court committed reversible error in its handling of two Marsden[1] hearings, and during the Sara D.[2] hearing at which the court appointed a guardian ad litem.
Statement of the Facts and Case
In June 2005, mother was arrested for allegedly trying to run over Michael Roche (Rock) with her car. Her two and a half year old daughter, Adriana, was with a babysitter at the time mother was arrested. For a short period of time, Adriana stayed with her babysitter while mother was in custody. Eventually, the Department of Family and Children's Services (Department) was contacted, and Adriana was taken into protective custody.
On June 14, 2005, a petition was filed alleging that Adriana came within the jurisdiction of the juvenile court pursuant to Welfare and Institutions Code section 300, subdivisions (b) and (g).[3] Mother was released from custody on the criminal charge on June 17, 2005.
An amended petition was filed on June 23, 2005, alleging that mother had attempted to run over â€