In re Z.B. CA1/2
In this juvenile dependency case, defendant and appellant C.M. (appellant) challenges the juvenile court’s order denying his Welfare and Institutions Code section 388 petition and its order terminating his parental rights to Z.B., a minor appellant claims is his biological daughter. All parties and the juvenile court agree not only that appellant was not properly noticed of the underlying proceedings but also that the Los Angeles County Department of Children and Family Services (Department) failed to conduct a court-ordered due diligence search for appellant. Because appellant had no notice of and therefore no representation or voice in these proceedings until the permanency planning hearing when the juvenile court terminated parental rights to Z.B., we conclude a “fatal error” occurred and appellant’s constitutionally protected right to due process was violated. Accordingly, we reverse and remand with directions.
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