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Name: In re Desiree M.
Case #: D055670
Opinion Date: 01/26/2010
Court: CA Court of Appeal
District 4 DCA
Division: 1
Citation: 181 Cal.App.4th 329
Summary

Mother did not have standing to raise the issue of the minors’ absence from the hearing. Mother appealed the order terminating her parental rights, contending that the 12 and 14-year-old minors were not properly notified of the 366.26 hearing and the juvenile court did not make the statutorily required inquiry into the reasons for their absences. The appellate court held that mother lacked standing to raise the issue, as the statutory right to notice and to be present belonged only to the minors. The minors were represented by counsel and have not appealed. Further, mother did not raise the issues in the juvenile court, so she forfeited the right to raise them on appeal. Although the court should have inquired into the minors’ absence from the proceedings, the minors were provided with notice, and any error was harmless.