In re Joseph P.
In August 2008 Jessica P. was arrested after selling drugs in the presence of one of her children. The San Diego County Health and Human Services Agency filed a dependency petition for Jessica's other child, two-year-old Joseph P. Joseph was detained in foster care. In September the court entered a true finding and ordered him placed in foster care. In October Joseph began a 60-day visit with Jessica. The visit became a placement in December.
In July 2009 the court held a hearing to consider Jessica's request for legal and physical custody of Joseph with no visitation for Joseph's father, Javier T. There is no indication in the record that either Javier or his attorney was given notice. Neither was present at the hearing. Counsel for the father of Jessica's other child stated she was "making . . . appearances today" for Javier's attorney. Counsel asked that the hearing be continued for one day, if the existing order for supervised visits was to be changed, so Javier's counsel could argue. The court denied the continuance request, awarded legal and physical custody of Joseph to Jessica, denied visitation to Javier, terminated dependency jurisdiction and directed the custody order be placed in the family court file. The judgment is reversed.
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