Shasta County Department of Social Services v. John S.

[673]Opinion

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. & Inst. Code, §§ 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 minors’ mother.

On February 23, 2007, the minors’ 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.

DISCUSSION

In his opening brief, appellant contends the juvenile court violated the due process rights of appellant and the mother of the minors when it denied the mother’s petition for modification as untimely. According to appellant, both the mother and appellant were “improperly denied the opportunity to invoke the ‘escape mechanism’ of section 388 to reestablish [the mother’s] relationship with [D.S.], which the trial court and the Department had allowed to deteriorate based solely on [D.S.]’s expressed desire to not have contact with [the mother].” Therefore, appellant argues, the orders denying the mother’s modification petition and terminating parental rights must be reversed.1

While appellant can file a notice of appeal as a party, the ability to appeal does not confer standing to assert issues when he is not aggrieved by