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Name: In re J.H.
Case #: B198363
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 12/20/2007

Errors in providing notice to father of dependency proceedings were harmless beyond a reasonable doubt. Father appealed from the order terminating his parental rights, arguing that he was denied his due process right to notice of the earlier proceedings. The appellate court held that assuming that the attempts to provide notice to Father did not result in actual notice and that the Department failed to comply with due process notice requirements with respect to some of the hearings, any notice errors were harmless beyond a reasonable doubt. The record showed that the minor’s placement with her paternal aunt would not have been maintained regardless of Father’s participation in the proceedings. There was no indication that Father would have been able to obtain custody of the minor, as he was incarcerated at the time of detention and led a transient lifestyle. Father also told the Department he was subject to deportation, and he did not participate in some of the proceedings that he did receive notice of. There was no evidence that actual notice to Father would have changed the outcome of the hearings.