In Re Child of Mindy P.

Summary

The court held that the mother was denied due process when the trial court appointed a guardian ad litem without providing notice, an opportunity to be heard, or sufficient evidence to determine her incompetence and the proper scope of the GAL's authority. Because the GAL's appointment affected the subsequent proceedings and the Department did not establish that the constitutional error was harmless, the court vacated the termination judgment and remanded for further proceedings beginning with a present competency determination. The record contained a concurrence agreeing with the reasoning and result but advocating that the trial court determine the scope of remand based on circumstances existing on remand.