Trial court’s judgment granting guardians’ petition to declare two minors free from the care, custody, and control of their biological parents and granting the parents visitation rights is affirmed in part, reversed in part and remanded where: 1) Probate Code section 1516.5 does not have any constitutional infirmities; 2) no denial of the right to counsel occurred; 3) any deficiencies in the investigator’s report were not prejudicial to the parents; 4) the evidence amply supports the termination of parental rights; 5) the case is remanded to comply with the inquiry provisions of the ICWA; and 6) the trial court’s order granting visitation rights to the parents must be reversed as it was in excess of the trial court’s authority.
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Appellate Information
Filed February 9, 2010
Judges
Opinion by Judge Dondero
CounselFor Appellant: Fishel & Fishel, James J. Fishel
For Appellee: N/A
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