In re A.S.

Filed 2/6/07  In re A.S. CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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 THREE

            APPEAL from orders of the Superior Court of Los Angeles County, Jacqueline Lewis, Juvenile Court Referee.  Reversed and remanded.

            Kate M. Chandler, under appointment by the Court of Appeal, for David S., Objector and Appellant.

            Christopher Blake, under appointment by the Court of Appeal, for Natasha  S., Objector and Appellant.

            Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, and Fred Klink, Deputy County Counsel, for Petitioner and Respondent.

INTRODUCTION

            David S. (father) and Natasha S. (mother) appeal from May 26, 2006, orders of the dependency court terminating their parental rights to their two children, A.S. and D.S.

            We hold:  (1) the parents abandoned their pleas for substitute counsel pursuant to People v. Marsden (1970) 2 Cal.3d 118; (2) the juvenile court erred in not ordering family reunification services to father; and (3) as to mother, the exception to terminating parental rights found in Welfare and Institutions Code section 366.26, subdivision (c)(1)(A) did not apply.[1]  We reverse the order terminating parental rights and the section 366.21, subdivision (f) December  15, 2005, order only as to father.  We remand to the juvenile court.

FACTUAL AND PROCEDURAL BACKGROUND

            1.  The detention.

            On November 4, 2004, A.S. (born in January 2001) and D.S. (born in January 2003) came to the attention of the Department of Children and Family Services (DCFS) as a result of a referral from the Child Abuse Hotline.  A.S., who had been left unsupervised, was found lying face-down on the corner of a busy intersection.  She had a small bump on her head; she was filthy and crying.  A.S. lived with her brother D.S. and mother in a studio apartment that was about eight feet by eight feet.  There was rotting garbage and roaches everywhere.  D.S. was filthy and partially clothed.

            Mother told a social worker that she had moved with the children from Idaho Falls, Idaho to be near father who was in federal prison in Los Angeles.  The children were placed in foster care.  The children's maternal grandmother stated she would like to have the children placed with her in Utah.

            On November 9, 2004, a section 300 petition was filed.  There were no allegations of wrongdoing against father.  The allegations were solely against mother for abuse and neglect.  Counsel was appointed for the parents.  The juvenile court issued an order detaining the children and found father to be the presumed father.

            Thereafter, the social worker conducted interviews.  Mother stated that she and father were truck drivers.  The children's maternal grandmother confirmed that mother was suffering from Bi-Polar disorder.  The grandmother also acknowledged that mother had been injured in a car accident and that mother exhibited paranoid schizophrenic behavior when she was in a manic phase.  The grandmother further stated that mother was promiscuous.  The grandmother additionally stated that father was a â€