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Name: In re Heather B.
Case #: F038781
Opinion Date: 04/02/2002
Citation: 98 Cal.App.4th 11
Summary

The father of minor children urged the Court of Appeal to reverse an order terminating his parental rights, not on trial court error at the Welfare and Institutions Code section 366.26 hearing, but on subsequent events – the termination of an adoptive placement. The Court of Appeal affirmed the order terminating parental rights, concluding that Welfare and Institutions Code section 366.26 forbids alteration or revocation of an order terminating parental rights except by direct appeal from that order. In re Elise K. (1982) 33 Cal.3d 138 did not support father’s argument because in Elise K. the parties stipulated to a reversal of the judgment and, most importantly, Elise K. arose out of former Civil Code section 232, while this case is governed by Welfare and Institutions Code section 366.26, which expressly forbids alteration or revocation of an order terminating parental rights except by a direct appeal from the order. (Compare this case with In re Jayson T. (3/26/02) 97 Cal.App.4th 75, 4 DCA Div.3.)