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Name: In re A.D.
Case #: G044657
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 06/28/2011
Summary

Failure to notice mother of review hearing was harmless where mother did not show more favorable result would have been likely absent the defect. The mother arrived at the courthouse after the 12-month review hearing, in which counsel had stipulated to termination of services and a permanent plan of long term foster care. The juvenile court refused to vacate its orders and allow mother a hearing. On appeal, mother argued that she was not given proper notice of the hearing and that she had a due process right to a contested hearing. The appellate court rejected the argument and affirmed. Failure to give notice in a dependency proceeding is subject to a harmless error analysis. Mother did not show a more favorable result was likely absent the error. Mother had services for more than three years, and failed to meaningfully participate in the plan. There was no basis on which the juvenile court could have found that more services were in the minor’s best interest. Further, there was nothing in the record to indicate that mother’s late appearance at the hearing was due to a notice defect.