In Re Debra M.
HANSON (Thaxton), Acting P.J.
Appeal taken from an order of the juvenile court after a permanency planning hearing held pursuant to
FACTUAL AND PROCEDURAL BACKGROUND
Debra, the minor, first came to the attention of the juvenile court as the result of a petition filed December 9, 1983, shortly before her first birthday. The petition, which was sustained, alleged that Debra was a dependent child within the meaning of
Hearing was held in this matter in April, May and June 1986, a combined judicial review and permanency planning hearing. The minor‘s mother, Valerie, was present, as were Yolanda and Porfilo M., who care for the minor. Valerie presented testimony concerning her attempts to live free of drugs; while it appears she has had some success, she was faced with criminal charges of a serious nature at the time of hearing, was unemployed, and continued to be very transient in her living arrangements. The court heard the opinion of a psychiatrist, Saul Niedorf, M.D., a specialist in adult and child psychiatry, that Valerie was making progress in becoming more stable and that it would be detrimental to Debra to break the bond with her mother. Debra refers to Valerie as “Mommy,” but Valerie has not visited the child regularly or frequently; there are bad feelings between Valerie and the M. caretakers, her brother and sister-in-law, which make visitation difficult.
On June 2, 1986, the juvenile court judge made the following orders:2 “The minor is to remain a dependent child of the court under Section 300, subdivision a, suitable placement order of 4-5-84 to remain in full force and effect. [¶] Department of Children‘s Services to provide permanent placement services for the minor. [¶] The minor‘s mother is ordered to participate in a program of counseling as approved by DCS. [¶] The minor, Deborah [sic] [M.], will be referred to the Department of Adoptions for adoptive planning for 362, 365, of the Welfare and Institutions Code. [¶] Department of Adoptions is ordered to provide all placement services and required reports. Matter is continued to the appearance calendar of December the 1st, 1986,
The court went on to make arrangements for another psychiatric evaluation of the situation, a hearing date for further report was scheduled for September 3, 1986, and provision was made for specified hours, times and places for visitation of Debra by her mother, since problems had arisen in that area. Addressing the mother, the court stated: “Now, this is the thing. Let me make clear that this is your last chance. So if you — because the case has been sent out for adoption now, your attitude is going to be critical. The reason I say that is that the case is out for adoption. Once you hear the word adoption, it seems to me if you are ever going to get your act together, so to speak, you do it now.”
The mother took the appeal “from the Judgment and Order of this Court ... referring the matter to the Department of Adoptions for adoption planning ... on June 2, 1986” on the very same date. The record before us does not tell us what has transpired in the court below concerning this matter since the appeal was taken.
On October 15, 1986, this court considered Valerie‘s request for appointed counsel; Valerie declared that she was unemployed, without any resources, and living with some people in La Puente. This represented another change in her living arrangements since the permanency planning hearing. This court ordered the appointment of counsel for Valerie.
On appeal, Valerie‘s counsel essentially argued that there was insufficient evidence to justify the referral of Debra to the Department of Adoptions and that the court had failed to make certain required findings and determinations before making the order of reference. Respondent County argues here that the June 2, 1986 order was not a final judgment in this matter, and hence a nonappealable order, and that the appeal was premature.
We agree.
I.
We consider, first, principles which govern all appellate review.
With respect to juvenile court proceedings,
Generally, the courts have interpreted
A juvenile court order declaring a child to be a ward has long been regarded as appealable (In re Corey, supra, 230 Cal. App.2d 813), and it has been said that “[a]n order after judgment in a proceeding to declare a minor a dependent child or ward of the court is appealable.” (9 Witkin, Cal. Procedure (3d ed. 1985) Appeal, § 105, p. 125.)
It should be noted, however, that Matter of Shannon W. concerned, primarily, the court‘s determinations as the result of a
II.
We are, therefore, mindful of the previous interpretation of
In our view, the reasoning of In re Candy S. has considerable merit, in that it emphasizes the necessity for finality in a judgment or order before that judgment or order comes before an appellate court for review. Not only does the general appellate rule reflect the need to avoid piecemeal litigation and to practice judicial economy, there is another compelling reason for limiting the appealability of orders following a permanency planning hearing in the juvenile court.
In 1982, the Legislature enacted a statutory scheme to deal with the “red tape” and delays that cause a dependent child like Debra to live in limbo,
Recognition that the Legislature continues, on behalf of dependent children, to press for as speedy a resolution of their care problems as possible, has been expressed by the California Supreme Court. In the concurring opinion in In re Elise K. (1982) 33 Cal.3d 138 [187 Cal. Rptr. 483, 654 P.2d 253], it was said that “adoptability has once again been revealed to be of critical concern to the Legislature in the area of termination of parental rights.” (Id., at p. 148.) That case involved a 15-year-old girl for whom time ran out before any effective permanent plan could be made. And in In re Laura F. (1983) 33 Cal.3d 826, 832, 833, footnote 7 [191 Cal. Rptr. 464, 662 P.2d 922],
We turn now to the specific situation presented in the case before us. As the statement of the juvenile court judge indicated, the reference of Debra M. for adoptive planning and for the possible filing of a
The Legislature has expressed increasing concern with the perceived and accurate reality that time is of the essence in offering permanent planning for dependent children. We do not think the legislative intent and purpose
The court addressed this child‘s mother with the observation that time was running out for her, in terms of her obtaining the stability and purposefulness required to raise her daughter, Debra. It is also running out for Debra. Efforts were continued to achieve reunification, if that is possible in this case, by referral for a new psychiatric report, by a direction to the mother to participate in counselling, and by a provision for specific visitation rights to the mother. As we have stated, we do not know the results of these continuing efforts by the juvenile court to encourage a solid parental bonding between Valerie and Debra. (1) We conclude, however, that the reference for adoptive planning was not a final judgment from which appeal may be taken because it was essentially interlocutory in nature. A parent may, of course, appeal from the adverse outcome of a
Our ruling reflects the legislative concern with the passage of valuable time in making permanent plans for dependent children and does not preclude aggrieved parties from seeking ultimate judicial review. It merely limits the amount of obstructional and purposeless litigation that so often accompanies these matters. The appeal is hereby dismissed.
DISPOSITION.
Appeal dismissed.
Lucas, J., and Devich, J., concurred.