County of Riverside Department of Public Social Services v. Gideon J.

Gideon J., father of dependent minor Violet J., appeals from a juvenile court order after a permanency planning hearing. The order directs the department of public social services (DPSS) to initiate proceedings pursuant to Civil Code section 232 to free minor for adoption and provides that the father may continue to visit minor even if he is incarcerated. 1 On appeal, the father contends that (1) an order terminating reunification and making a permanent plan of adoption affects his substantial rights and is an appealable order; (2) the trial court’s finding under Welfare and Institutions Code section 366.25 authorizing proceedings to terminate reunification and parental rights under Civil Code section 232 was not supported by substantial evidence and was prejudicial; 2 (3) it was in excess of the court’s jurisdiction to order a permanency plan of adoption and the termination of parental rights under sections 366 and 366.1 and Civil Code section 232; (4) it was error for the court to consider the father’s possible incarceration in ordering the termination of reunification services; (5) the trial court erred when it failed to consider whether termination of parental rights…