California Court of Appeal

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In re Thomas R., A112433

Order terminating parental rights is reversed where the court's denial of the parents' opportunity to cross-examine the social service agency-s witnesses who testified the minor children were adoptable was prejudicial error since a parent who is a party to a hearing conducted under Welfare and Institutions Code section 366.261 has a due process right to conduct examination and test the sufficiency of evidence offered by a social service agency on the issue of adoptability, an issue on which the agency bears the burden of proof.

Appellate Information

  • Decided 12/07/2006
  • Published 12/07/2006

Judges

  • SIGGINS, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Robert Navarro, by Appointment of the Court of Appeal, First District Appellate Project, for Appellant Robert R., Carol A. Koenig, by Appointment of the Court of Appeal, Half Moon Bay, First District Appellate Project, for Appellant M.R.

  • For Appellees:
  • Robert Westmeyer, County Counsel, Robert C. Martin, Deputy County Counsel, for Respondent.
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