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Name: In re Angela C.
Case #: F039609
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 06/14/2002
Subsequent History: None

Appellant received notice of the termination hearing under Welfare and Institutions Code section 366.26. At that hearing the court continued the matter because problems arose in giving notice to an alleged father. Appellant did not appear at the hearing and did not receive notice of the continued termination hearing. Appellant’s parental rights were terminated at the continued hearing. She appealed the order terminating her parental rights on grounds she received no notice of the continued hearing and asserting she was entitled to per se reversal. The Court of Appeal held that although appellant was entitled to notice of the continued hearing (In re Phillip F. (2000) 78 Cal.App.4th 250, 258-259; In re Malcolm D. (1996) 42 Cal.App.4th 904, 913), and lack of notice violated her due process rights, the error was not subject to reversal per se standard of review. The Court of Appeal applied the Chapman standard of review, found the error harmless and affirmed the termination of parental rights.