San Diego County Department of Social Services v. Marjorie H.

Appellant seeks review by appeal of orders made following a 12-month review hearing conducted in accordance with Welfare and Institutions Code 2 section 366.21. We hold that this appeal is barred by section 366.26, subdivision (k)’s limitation of review to writ review, for orders referring dependency cases to a section 366.26 selection and implementation hearing. We rule that all related orders which accompany or are subsidiary to an order referring the case for a section 366.26 hearing (366.26 hearing) must be reviewed by writ, and that an aggrieved party cannot segment the orders relating to visitation from the balance of the referral order for the purpose of seeking appeal, rather than writ review, of such orders.

Procedural Background and Contentions

Since our ruling is grounded in legal principles rather than being fact-related, we do not recite the detailed factual background of this case. Suffice it to say that the two minor children who are the subjects of this action were removed from their parents’ custody in October 1989 because of parental misconduct and neglect. The children were placed outside the parents’ home during the period of attempted reunification.…