Welfare and Institutions Code section 366.26 authorizes the juvenile court to find that adoption of a dependent child is probable but difficult, and to order a search for an appropriate adoptive family.  (Welf. & Inst. Code, § 366.26, subds. (b)(3) & (c)(3).)[1]  The Courts of Appeal have divided over whether such orders are appealable.  We hold that they are.

            In this case, the Court of Appeal dismissed as premature an appeal from orders entered under section 366.26(c)(3).  The mother of the affected children asks us to review only the question of appealability.  We need not consider the facts to answer this question.

DISCUSSION

            “A judgment in a proceeding under Section 300 may be appealed in the same manner as any final judgment, and any subsequent order may be appealed as an order after judgment.”  (§ 395, subd. (a)(1); see Sara M. v. Superior Court (2005) 36 Cal.4th 998, 1018; In re Gabriel G. (2005) 134 Cal.App.4th 1428, 1435 (Gabriel G.) [citing cases]; In re Ramone R. (2005) 132 Cal.App.4th 1339, 1350  (Ramone R.) [citing cases].)  As a result of these broad statutory terms, “[j]uvenile dependency law does not abide by the normal prohibition against interlocutory appeals.”  (In re Edward H. (1996) 43 Cal.App.4th 584, 590; see Ramone R., at p. 1350.)  The dispositional order is the “judgment” referred to in section 395, and all subsequent orders are appealable.  (In re Daniel K. (1998) 61 Cal.App.4th 661, 668.)  “ ‘A consequence of section 395 is that an unappealed disposition or postdisposition order is final and binding and may not be attacked on an appeal from a later appealable order.’  (In re Jesse W. (2001) 93 Cal.App.4th 349, 355.)”  (Sara M., at p. 1018; see Ramone R., at p. 1350.)

            The Legislature has restricted the right of appeal in certain dependency contexts.  (See §§ 366.26, subd. (l)(1) [orders setting § 366.26 hearings], and 328 [placement orders following termination of parental rights].)  As the mother here notes, however, there is no such limiting provision for section 366.26(c)(3) orders.  We review the statutory context of these orders, before examining the parties’ claims and the split that has developed among the Courts of Appeal on the issue before us.

■ HELD:

Court of Appeals judgment is reversed where Welfare and Institutions Code sec. 366.26, which authorizes the juvenile court to find that adoption of a dependent child is probable but difficult and orders a search for an appropriate adoptive family, is appealable, as there is no persuasive reason for excepting sec. 366.26 orders from the usual rule of appealability in dependency proceedings.
In re S.B. .-S162156- 5/28/09 SC
In re S.B. .-S162156- 5/28/09 SC-PDF   

California Supreme And Appellate Court Opinions Directory 
Family Law Table of Contents