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Name: In re S.B.
Case #: S162156
Court: CA Supreme Court
District CalSup
Opinion Date: 05/28/2009

An order continuing a section 366.26 hearing in order to search for an appropriate adoptive family is an appealable order. Mother appealed from an order entered under section 366.26, subdivision (c)(3) that adoption of the children would probable but difficult and continuing the matter for 180 days to find an adoptive family. The appellate court dismissed mother’s appeal as premature. The Supreme Court granted review to resolve the split of authority in the appellate courts as to whether such orders are appealable. The Court held that such orders are appealable. The Legislature has neither precluded appeals nor made any alternate arrangement for review of a section 366.26, subdivision (c)(3) order.