In Re Ryan R.

18 Cal.Rptr.3d 832 (2004) 122 Cal.App.4th 595 In re RYAN R., a Person Coming Under the Juvenile Court Law.

Contra Costa County Children and Family Services Bureau, Plaintiff and Respondent,

v.

Stephanie R., Defendant and Appellant.

No. A107177. Court of Appeal, First District, Division Four.

September 20, 2004. Review Denied December 15, 2004. Janet H. Saalfield, by appointment of the First District Appellate Project's Independent [833] Case System, Sausalito, for Appellant.

Office of the Contra Costa County Counsel, for Respondent.

KAY, P.J.

Stephanie R. (Mother) has filed an untimely notice of appeal from the order terminating her parental rights as to Ryan R. The notice of appeal contains the following declaration from Mother's counsel below explaining how the notice came to be filed a day late: "The 60th day fell on Sunday, July 11, 2004. I, Mary Pryor, received a voice mail message at approximately 4:00 p.m., after I returned from court on July 12, 2004, from mother that she wished to file an appeal. The voice mail message was left by mother on my voice mail machine at 2:08 p.m. on July 12, 2004. The clerk's office closes at 3:00 p.m. The clerk's office was closed when I received the voice mail message. I am filing this notice of appeal on the next court date."

We issued an order to show cause why the appeal should not be dismissed as untimely, and Mother has filed a responsive brief advancing two arguments to avoid that result. Given children's special need for finality in adoption related proceedings (see, e.g., In re Alyssa H. (1994) 22 Cal.App.4th 1249, 1254, 27 Cal.Rptr.2d 809), the deadline for appealing from orders terminating parental rights should be firmly applied, and Mother has identified no basis for making an exception in this case.

Mother's first argument is that her late filing should be excused because the court failed to properly notify her of her right to appeal. She did not attend the May 12, 2004 Welfare and Institutions Code section 366.26[1] hearing at which her parental rights were terminated. Mother's counsel told the court at the hearing that she had had no contact with Mother since November of 2003. Counsel stated, "Since I've had no contact I don't know whether her non-appearance is her speaking what she wants. I can only say the last I had contact with her which was in November is that she was opposed to the termination of her rights, and I would say that for the record and submit." After the court ruled, counsel asked, "And P.D. relieved?" The court responded, "Pending protection of appellate rights." On the date of the hearing, the court sent Mother a notice advising her of her right to appeal and of the deadline for appealing, with a copy of the minute order terminating her parental rights. The notice was mailed to an address in Pittsburg.