Contra Costa County Children & Family Sevices Bureau v. Stephanie R.

Opinion

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 [598]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 366.261 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 RD. 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.

Mother contends that this notice was insufficient because, in October 2003, she had filed with the court a “notification of mailing address” form under section 316.1, which listed an address in Antioch where she was to receive mailings from the court. Section 316.1 requires a parent to designate a mailing address to be used for notices until the parent notifies the court or the agency in writing of a new address.