In re Jessica K

In In re Jessica K. (2000) 79 Cal.App.4th 1313, the mother filed a motion under section 388 to have the minor again placed in her custody. The court denied the motion and approximately two months later terminated reunification services. Mother appealed from the order denying her motion under section 388, but did not challenge the termination of services. The court held: "The failure to file a timely notice of appeal from the termination of parental rights order deprives us of appellate jurisdiction to modify that order. Accordingly, the parental rights termination order may not be vacated. No effective relief may be afforded mother even were we to find her appeal of the denial of the section 388 petition meritorious. Thus, the appeal is moot." (Id. at pp. 1316-1317.) The court added "that mother was not without an appellate remedy. Mother might have appealed from the order terminating her parental rights on its own merits. Frequently, the issues raised on an appeal from an order terminating parental rights overlap with those raised on an appeal from an order denying a section 388 petition. Alternatively, mother might have appealed from the order terminating her parental rights simply to preserve her right to appeal the denial of her section 388 petition." (Id. at p. 1317.)