In Re Brian R.

George Kennedy, District Attorney, and Elysa J. Wallace, Deputy District Attorney, for Real Parties Interest.

OPINION

ELIA, J.

Edgar R. (appellant) appeals a permanency planning hearing order which continued his son, Brian R., in out-of-home custody and authorized county counsel to file a petition to terminate his parental rights. Recognizing that parts of this order are appealable and parts reviewable only by writ (see Welf. & Inst. Code, § 366.25, subd. (j); In re Elizabeth M. (1991) 232 Cal. App.3d 553, 562-563 [ 283 Cal. Rptr. 483 ]; In re Violet J. (1990) 225 Cal. App.3d 600, 606 [ 275 Cal. Rptr. 139 ; In re Kristin W. (1990) 222 Cal. App.3d 234, 245 [ 271 Cal. Rptr. 629 ]), appellate counsel has also filed a petition for a writ of mandate and/or prohibition, and a request that we stay further proceedings. We ordered that the petition be considered with the appeal.

In his writ petition, appellant claims that insufficient evidence supports the referral for termination proceedings and that respondent Santa Clara County Department of Family and Children's Services failed to meet its burden of proof; that speculation on appellant's future conduct is an insufficient basis for…