Orange County Social Services Agency v. Annette B.

, Concurring and Dissenting.—I concur with part III of the majority opinion in its entirety. However, I respectfully dissent with respect to portions of parts I and II.

As for part I, I agree with the majority’s conclusion that In re Kristin B. (1986) 187 Cal.App.3d 596 [ 232 Cal.Rptr. 36 ] does not support Annette’s position and that her jurisdictional attack came too late. However, this is not because the appeal is from a permanency planning order rather than a judgment terminating parental rights, as in Kristin B. It is because our opinion in Kristin B. inadvertently categorized a permanency planning order as a dispositional order. And, as a result, we erroneously concluded that an alleged jurisdictional defect may be raised in an appeal from a permanency planning order.

Citing In re Gregory M. (1977) 68 Cal.App.3d 1085, 1090 [ 137 Cal.Rptr. 756 ], we noted, “An appeal from a dispositional order embodies an attack on the initial jurisdictional finding.” (In re Kristin B., supra, 187 Cal.App.3d at p. 605, fn. 9 .) Indeed, at the dispositional hearing, the court hears evidence to assist in its determination as to whether dependency will be declared and, *955 if so, whether the…

—Annette and Paul B., Megan B.’s parents, filed separate notices of appeal after the permanency planning hearing in a dependency proceeding under Welfare and Institutions Code section 300. 1 Annette contends the record fails to establish she knowingly and intelligently waived her rights when entering a plea of nolo contendere at the jurisdictional hearing, the evidence does not support the trial court’s finding there was a substantial risk of detriment to Megan’s emotional well-being if returned to her, the authorization to commence an action to terminate parental rights was void because the trial court improperly shifted the burden of proof to the parents and the evidence failed to support a finding Megan would not benefit from a continuing relationship with her, and the trial court abused its discretion by reducing her visitation with Megan. Paul argues the trial court lacked jurisdiction to order Megan freed for adoption because he was not notified the court would consider that alternative at the permanency planning hearing.

We conclude Annette’s first argument is untimely and, with the exception of the visitation order, the other rulings challenged by both parents…