Opinion
A148934
01-10-2017
In re K.C., a Person Coming Under the Juvenile Court Law. CONTRA COSTA COUNTY CHILDREN AND FAMILY SERVICES BUREAU, Plaintiff and Respondent, v. S.C., Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Contra Costa County Super. Ct. Nos. J13-00403, J13-00404)
Parental rights were terminated in this juvenile dependency proceeding on May 26, 2016. (Welf. & Inst. Code, § 366.26.) Father S.C. was informed, verbally and in writing, of his right to appeal by filing notice of appeal within 60 days of the court's order. Father did not file notice of appeal until 61 days later, on July 26, 2016. The Contra Costa County Children and Family Services Bureau moves to dismiss the appeal as untimely.
Notice of appeal must be filed within 60 days of the juvenile court order being appealed. (Cal. Rules of Court, rule 8.406(a).) "[N]o court may extend the time to file a notice of appeal." (Id., rule 8.406(c).) "[T]he timely filing of a notice of appeal is a jurisdictional requirement" that we have no power to waive. (Mauro B. v. Superior Court (1991) 230 Cal.App.3d 949, 953.)
Father acknowledges that his appeal is untimely but argues that the juvenile court failed to properly advise him of his appellate rights. It appears from the reporter's transcript that the court orally advised father to file his notice of appeal "with the clerk of the superior court of the California Court of Appeals," rather than instructing him to file with the clerk of the superior court who then sends notification of the filing to the court of appeal. But father, who was represented by counsel at all stages of the proceedings, makes no showing that this misstatement caused him any delay in filing the notice in the correct court. The oral advisement included the clear statement that he must file his notice of appeal "within 60 days of today's date" and the court's order states that father received written copies of the admonitions. Given the clarity of the record on this point, there is no basis to grant father's request that we defer ruling on the motion to dismiss until appellate briefing is complete.
Nor may we grant father's request to treat the untimely appeal as a petition for extraordinary writ relief. "It is well settled that a party is not entitled to obtain review of an appealable judgment or order by means of a petition for an extraordinary writ where he or she failed to timely file an appeal from the ruling." (Mauro B. v. Superior Court, supra, 230 Cal.App.3d at p. 952.) Moreover, collateral attack of an order terminating parental rights is expressly prohibited. (Welf. & Inst. Code, § 366.26, subd. (i)(1); In re Z.S. (2015) 235 Cal.App.4th 754, 770.)
Disposition
The appeal is dismissed.
/s/_________
Pollak, J. We concur: /s/_________
McGuiness, P.J. /s/_________
Jenkins, J.