In re JAMES F.,

Filed 1/8/07

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

            APPEAL from an order of the Superior Court for Los Angeles County.  David S. Milton, Judge.  Reversed and remanded.

            Ellen Forman Obstler, under appointment by the Court of Appeal, for Defendant and Appellant.

            Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, and Frank DaVanzo, Principal Deputy County Counsel, for Plaintiff and Respondent.

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            Marcus M. (father) appeals from the juvenile court's order terminating his parental rights to his then two-year-old son.  He contends the juvenile court committed reversible error when it (1) appointed a guardian ad litem without inquiring about his competence and explaining the purpose of the appointment and (2) failed to obtain a knowing waiver of father's right to be present at the hearing where the court terminated his parental rights.  The Department of Children and Family Services (DCFS) concedes the juvenile court erred when it appointed a guardian ad litem without advising father of the consequences of the appointment, but argues the error was harmless beyond a reasonable doubt.  DCFS also asserts father forfeited his right to be present at the hearing where his parental rights were terminated.  We conclude the juvenile court's error in appointing a guardian ad litem without inquiring about father's competence and explaining the purpose of the appointment was a structural error requiring reversal of the order terminating father's parental rights.

FACTS AND PROCEEDINGS BELOW

            On September 11, 2003, two-month-old James F. was detained from the home of his paternal grandparents, where he had been living in the custody of his parents.  DCFS had received hotline referrals indicating James was being â€