WANDA B. v. Superior Court

Petitioner Wanda B. seeks extraordinary writ review (Welf. & Inst. Code, § 366.26, subd. (Z); Cal. Rules of Court, rule 39.IB) from respondent court’s order that a section 366.26 permanency planning hearing be held March 4, 1996. She challenges the court’s much earlier May 1995 order denying her reunification services under section 361.5, subdivision (b)(2). The mother’s petition raises a serious question regarding this court’s ability to review the order denying services. We hold an order denying reunification services, unaccompanied by a simultaneous order setting a section 366.26 hearing, is immediately appealable. Because petitioner did not file a timely appeal, she has waived her right to challenge the order denying services. Consequently, we will dismiss her writ petition.

Facts

In May 1995, after protracted hearings and delays, respondent court adjudged Jamie C., bom October 14, 1988, and Jason C., bom December 23, 1990, dependents pursuant to section 360, subdivision (c). The court also removed the children from parental custody. At the May 1995 hearing, the court denied the mother reunification services as to both of her children pursuant to section 361.5,…