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Name: In re Tabitha W.
Case #: E039935
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 11/03/2006

Mother appealed from the order denying her reunification services and the order denying her visitation. Father appealed from the order taking jurisdiction and removing the minors, as well as the same orders as mother. Both parents also filed 39.1b writs. The appellate court dismissed the appeals as improperly taken from a hearing at which a 366.26 hearing was set. Because the orders the parents appeal from were made contemporaneously with the setting order, the appeals must be dismissed. All orders issued at a hearing in which a section 366.26 hearing was set, including visitation orders, are subject to section 366.26(l), and must be reviewed by extraordinary writ. The writs of mandate were also denied. The juvenile court made the required findings, which were supported by substantial evidence, and did not abuse its discretion.