In Re TM

206 Cal.App.3d 314 (1988) 253 Cal. Rptr. 535 In re T.M., a Minor.

DEPARTMENT OF SOCIAL SERVICES, Petitioner and Respondent,

v.

V.M., Objector and Appellant.

Docket No. A040389. Court of Appeals of California, First District, Division Five.

November 30, 1988. [315] COUNSEL

Louise H. Renne, City Attorney, Kimberly A. Reiley and Julie Ten Eyck, Deputy City Attorneys, for Petitioner and Respondent.

Carol Roduit for Objector and Appellant.

OPINION

KING, J.

(1) In this case we hold that any right to appeal from an order authorizing proceedings to terminate parental rights (Welf. & Inst. Code, § 366.25) has been retroactively terminated by the Legislature.

The San Francisco juvenile court adjudged V.M.'s daughter T.M. to be a dependent child of the court. (Welf. & Inst. Code, § 300.) After unsuccessful attempts at reunification the court rendered an order authorizing proceedings to terminate parental rights, with adoption as the permanent plan. V.M. filed a notice of appeal from the order.

The Courts of Appeal have disagreed as to whether such an order is appealable. Some courts have held the order appealable under Welfare and Institutions Code section 395, which states that a "subsequent order" after a declaration of dependency is appealable as an order after judgment (see Code Civ. Proc., § 904.1, subd. (b)). (In re Linda P. (1987) 195 Cal. App.3d 99, 104-106 [240 Cal. Rptr. 474]; In re Sarah F. (1987) 191 Cal. App.3d 398, 401-404 [236 Cal. Rptr. 480]; In re Lorenzo T. (1987) 190 Cal. App.3d 888, 891-892 [235 Cal. Rptr. 680]; In re Joshua S. (1986) 186 Cal. App.3d 147, 149-152 [230 Cal. Rptr. 437].) Other courts have held the order nonappealable because the parent is not yet "aggrieved" by a termination of parental rights. (In re Debra M. (1987) 189 Cal. App.3d 1032, 1036-1039 [234 [316]