Petition Against Termination of Reunification Services California
The procedural requirements for a petition for extraordinary writ challenging a trial court's decision to terminate reunification services and set a permanency planning hearing are set forth in rule 39.1B(j):
"The petition for extraordinary writ shall summarize the factual basis for the petition.
Petitioner need not repeat facts as they appear in any attached or submitted record, provided, however, that references to specific portions of the record, their significance to the grounds alleged, and disputed aspects of the record will assist the reviewing court and shall be noted. Petitioner shall attach applicable points and authorities. . . ."
Inadequacies in a rule 39.1B petition may affect not only the resolution of the petition itself but also the parent's right to appeal from the order following the section 366.26 hearing.
Section 366.26, subdivision (l), provides:
"(1) An order by the court that a hearing pursuant to this section be held is not appealable at any time unless all of the following applies:
(A) a petition for extraordinary writ review was filed in a timely manner. (B) the petition substantively addressed the specific issues to be challenged and supported that challenge by an adequate record. (C) the petition for extraordinary writ review was summarily denied or otherwise not decided on the merits. (2) Failure to file a petition for extraordinary writ review within the period specified by rule, to substantively address the specific issues challenged, or to support that challenge by an adequate record shall preclude subsequent review by appeal of the findings and orders made pursuant to this section."
Rule 39.1B(d) similarly provides that "The findings and orders of the juvenile court in setting a hearing" under section 366.26 may be reviewed on appeal only if (1) a timely writ petition was filed, and (2) the petition was "summarily denied or otherwise not decided on the merits."
Additionally, this subdivision of the rule states that "[r]eview on appeal of the order setting a hearing under section 366.26 is limited to issues raised in a previous petition for extraordinary writ that were supported by an adequate record."