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In re Jayden M.

California Court of Appeals, Third District, Sacramento

August 1, 2014

In re JAYDEN M., a Person Coming Under the Juvenile Court Law. SACRAMENTO COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES, Plaintiff and Respondent,
v.
J.M. et al., Defendants and Appellants.

[CERTIFIED FOR PARTIAL PUBLICATION[*]]

Super. Ct. No. JD232775

Page 1453

[Copyrighted Material Omitted]

Page 1454

COUNSEL

Liana Serobian, under appointment by the Court of Appeal, for Defendant and Appellant J.M.

Gregory M. Chappel, under appointment by the Court of Appeal, for Defendant and Appellant CM.

John F. Whisenhunt, County Counsel, and Lilly C. Frawley, Deputy County Counsel, for Plaintiff and Respondent.

OPINION

HULL, Acting P. J.

J.M. (mother) and C.M. (father), parents of the minor Jayden M., appeal from the juvenile court’s order terminating parental rights.

Page 1455

(Welf. & Inst. Code, §§ 366.26, 395; unless stated otherwise, statutory references that follow are to the Welfare and Institutions Code.) They contend (1) the Sacramento County Department of Health and Human Services (Department) and the juvenile court erroneously removed Jayden from his prospective adoptive parents without complying with the statutory procedures set forth in sections 366.26, subdivision (n) and 361.3; (2) there is insufficient evidence Jayden was adoptable; and (3) the juvenile court violated parents’ rights to effective assistance of counsel and a fair hearing and abrogated its duty to make an independent decision when it denied mother’s request for a continuance of the section 366.26 hearing in light of the Department’s failure to provide an updated assessment of potential adoptive placements to the court. We disagree and affirm the juvenile court’s orders.

Facts And Proceedings

A. Detention and Reunification Services

On October 19, 2012, after his father left Jayden with his paternal grandmother with an eye infection and no provision for support, the Department petitioned the juvenile court, pursuant to section 300, alleging that Jayden comes within the jurisdiction of the court because of the father’s untreated substance abuse problem and history of domestic violence, and the mother’s prostitution ...


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