California Court of Appeal

Trial court's judgment granting guardians' petition to declare two minors free from the care, custody, and control of their biological parents and granting the parents visitation rights is affirmed in part, reversed in part and remanded where: 1) Probate Code section 1516.5 does not have any constitutional infirmities; 2) no denial of the right to counsel occurred; 3) any deficiencies in the investigator's report were not prejudicial to the parents; 4) the evidence amply supports the termination of parental rights; 5) the case is remanded to comply with the inquiry provisions of the ICWA; and 6) the trial court's order granting visitation rights to the parents must be reversed as it was in excess of the trial court's authority.

Appellate Information

• Decided 02/09/2010
• Published 02/09/2010

Judges

• DONDERO, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Fishel and Fishel, James J. Fishel, Esq., for Petitioners and Appellants Ronald R., and Juliana R., Gorman Law Office, Seth F. Gorman, Esq., First District Appellate Project, for Objector and Appellant Jamie R., Mary R. Williams, First District Appellant Project, for Objector and Appellant Raymond G.