Robert E. v. Jerry T.

Opinion

PERLEY, J.

*

This case presents the question of whether on appeal of a proceeding conducted under Family Code section 7822 which terminates parental rights the Court of Appeal must conduct an independent review of the record when counsel for the appealing parent can find no arguable issue to raise before us.

(People

v.

Wende

(1979) 25 Cal.3d 436 [158 Cal.Rptr. 839, 600 P.2d 1071].) We conclude that the appealing parent has no right to such review. Inasmuch as our Supreme Court has granted review of the issue with respect to the applicability of

Wende

to parental rights terminations for dependent children,

1

we urge the court to extend its review, to cases such as this, involving parental rights terminations conducted under the Family Code, in order that a uniform rule be adopted as to all actions terminating parental rights.

[1109]

Jerry T. appeals from an order terminating his parental rights to his 13-year-old son, Chad. The parental rights termination accompanied a petition for stepparent adoption filed by Robert E. (Fam. Code, § 7822, subds. (a) & (b)), who has been married to Chad’s mother for the past eight years. Jerry T. left his wife and children in September of 1983. In early 1986 Jerry T. was convicted in Missouri of first degree murder and is now serving a sentence of 50 years to life. The petition for termination was sustained on the ground that Jerry T. had abandoned Chad for a period in excess of one year.

Court appointed counsel for Jerry T. has filed an appellate brief which raises no issues, but asks this court to conduct an independent review of the record on the authority of

People

v.

Wende, supra, 25