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Name: A.M. v. Superior Court
Case #: E062316
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 06/08/2015
Summary

Juvenile court’s specific placement order following termination of parental rights was not an appealable order. (Welf. & Inst. Code, § 366.28.) The minor was born with serious birth defects and became a dependent of the juvenile court since his birth in 2007. His original permanent plan was placement at a health care facility with a goal of adoption. In 2010, the Department identified a potential placement and petitioned to change his permanent plan to adoption. The juvenile court terminated parental rights and authorized the Department to place the minor for adoption. The minor appealed. Result: the order was not appealable. Welfare and Institutions Code section 366.28 restricts the appealability of a specific placement order after parental rights have been terminated. However, the court found good cause to deem the failed appeal to be a writ petition. [Editor’s Note: In the unpublished portion of the opinion, the court held that the placement was not an abuse of discretion, and denied the writ of mandate.]