In Re Ds

67 Cal.Rptr.3d 450 (2007) 156 Cal.App.4th 671 In re D.S. et al., Persons Coming Under the Juvenile Court Law.

Shasta County Department of Social Services, Plaintiff and Respondent,

v.

John S., Defendant and Appellant.

No. C055069. Court of Appeal of California, Third District.

October 31, 2007. As Modified November 2, 2007. [451] Law Office of Kimball J.P. Sargeant and Kimball J.P. Sargeant, Davis, for Defendant and Appellant.

Karen Keating Jarh, County Counsel and John L. Loomis, Deputy County Counsel, for Plaintiff and Respondent.

SIMS, Acting P.J.

John S. (appellant), the father of D.S. and J.S. (the minors), appeals from orders of the juvenile court denying a petition for modification filed by the mother of the minors and terminating appellant's parental rights. (Welf. & InstCode, §§ 366.26, 388, 395; undesignated section references are to the Welfare and Institutions Code.) Appellant's sole contention on appeal is that the juvenile court violated the due process rights of appellant and the minor's mother when it denied the mother's petition for modification as untimely. Concluding appellant lacks standing to challenge the order denying the mother's modification petition, we shall dismiss the appeal.

FACTUAL AND PROCEDURAL BACKGROUND

In February 2005, the juvenile court assumed jurisdiction over the minors after it sustained allegations that the minors were placed at a substantial risk of suffering serious harm due to the substance abuse and domestic violence engaged in by appellant and the minor's mother.

On February 23, 2007, the minor's mother filed her petition for modification, which sought reinstatement of her reunification services and an order for visitation with D.S. Appellant did not join in that petition. Finding the petition untimely, the court denied it. The court then ordered the parental rights of appellant and the minors' mother terminated.