Tulare County Health & Human Services Agency v. Ofelia W.
Opinion
lead Opinion
Vartabedian, J.
Ofelia W. appeals from an order terminating her parental rights (Welf. & Inst. Code, § 366.26) to her daughter Madison. 1 Appellant contends the court erred three days earlier by denying her petition for reunification services (§ 388). On review, we will affirm.
In the published portion of our opinion, we hold liberal construction of a parent’s notice of appeal from an order terminating parental rights encompasses the denial of the parent’s section 388 petition, provided the trial court issued its denial during the 60-day period prior to the parent’s filing the notice of appeal.
PROCEDURAL AND FACTUAL HISTORY *
DISCUSSION
I. Appealability
Appellant’s trial counsel filed a notice of appeal on February 23, 2006, stating she was appealing from the January 13, 2006 order terminating *1450 parental rights. The notice of appeal contained no reference to the January 10 order denying the section 388 petition.
After court-appointed appellate counsel filed his opening brief challenging the denial of appellant’s section 388 petition, the agency disputed this court’s jurisdiction to resolve the issue given the terms of appellant’s notice of appeal. Appellate counsel thereafter…