Orange County Social Services Agency v. Simone S.

*352 Opinion

Simone S. appeals an order terminating her parental rights to Sean S. (Welf. & Inst. Code, § 366.26.) She (well, to be more precise, her attorney on appeal) claims the reunification services offered her by the social services agency were inadequate, and the juvenile court erred in denying her petition to set aside a prior order based upon a change of circumstances. The social services agency disputes those contentions, In addition, it contends the appeal must be dismissed because only Simone’s trial attorney signed the notice of appeal and there is no evidence Simone actually consented to its filing.

The rule is that a client’s actual consent is required for an appeal from an order terminating parental rights pursuant to Welfare and Institutions Code section 366.26. (In re Alma B. (1994) 21 Cal.App.4th 1037, 1043 [ 26 Cal.Rptr.2d 592 ].) The primary reason is that juvenile dependency cases are “ ‘civil in nature, designed not to prosecute a parent, but to protect the child.’ ” (In re Malinda S. (1990) 51 Cal.3d 368, 384 [ 272 Cal.Rptr. 787 , 795 P.2d 1244 ].) Because the focus at the selection and implementation hearing is on the fundamental interest of the child…