Los Angeles County Department of Children & Family Services v. Laura S.

I. Introduction

This appeal is from dependency proceedings under the Welfare and Institutions Code. 1 Laura S., the mother, appeals, following termination of her parental rights pursuant to section 366.26. On appeal, she raises issues concerning orders pursuant to section 366.22 terminating family reunification services, referring her minor daughter, Julie S., for adoptive planning, and setting the section 366.26 hearing. The mother previously filed a petition for extraordinary writ challenging the findings and orders pursuant to section 366.22. That petition was decided on the merits. Under these circumstances, the order setting a section 366.26 hearing is not appealable following the *990 termination of parental rights. (§ 366.26, subd. (l)(1); Cal. Rules of Court, 2 rules 39.1B(d), 1435(b), and 1436.5(c); see Guillermo G. v. Superior Court (1995) 33 Cal.App.4th 1168, 1172-1173 [ 39 Cal.Rptr.2d 748 ].) Accordingly, we dismiss the appeal.

II. Discussion

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As a matter of statutory law, an appeal from an order setting a section 366.26 hearing is only available if a petition for an extraordinary writ challenging the order was filed and was…