John F. v. Superior Court

Petitioners seek an extraordinary writ, pursuant to rule 39.IB of the California Rules of Court, to vacate the order of the respondent court directing that a hearing be held pursuant to Welfare and Institutions Code section 366.26 for the selection and implementation of a permanent plan. Petitioners phrase their principal contention as whether the respondent court provided them with inadequate reunification services by denying them visitation while imprisoned. We shall conclude that petitioners’ contention is a belated attack on the adequacy of the reunification plan itself, and that petitioners have waived the issue by failing to appeal from the final judgment establishing the reunification plan and from orders after judgment reaffirming the denial of visitation.

I

Petitioners are the parents of two children, Jessika F., born September 2, 1993, and Jennifer F., born August 15, 1991. Petitioners submitted the matter at the jurisdictional hearing, held October 20, 1994, on the allegations of the amended section 300 petitions, as further amended during the hearing. Accordingly, the respondent court sustained the allegations, as relevant, that petitioners “were arrested on…