In Re Kc, 255 P.3d 953 (Cal. 2011). · Go Syfert
In Re Kc, 255 P.3d 953 (Cal. 2011). Cases Citing This Book View Copy Cite
354 citation events (354 in the last 25 years) across 5 distinct courts.
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) In re Z.C. CA2/2
Cal. Ct. App. · 2026 · confidence medium
(In re B.S. (2021) 65 Cal.App.5th 888 , 893 (B.S.); In re D.M. (2012) 205 Cal.App.4th 283, 294 (D.M.).) Mother asserts that she was aggrieved by the juvenile court’s visitation order because she “has a natural interest in obtaining the state’s protection for her children.” But, per the case law mother herself cites, “the mere fact a parent takes a position on a matter at issue in a juvenile dependency case that affects his or her child does not alone constitute a sufficient reason to establish standing to challenge an adverse ruling on it.” (In re Carissa G. (1999) 76 Cal.App.4th 7…
discussed Cited as authority (rule) Conservatorship of Krueger CA4/2
Cal. Ct. App. · 2026 · confidence medium
For example, an interested party has no appellate standing to appeal orders that only impact [footnote continued on next page] 7 liberally, and doubts are resolved in its favor” (In re K.C., supra, 52 Cal.4th at p. 236), we are satisfied that Craig has shown he is sufficiently aggrieved by the order awarding Garcia compensation because it effectively diminishes the estate from which Craig stands to inherit.
discussed Cited as authority (rule) In re S.O. CA2/6
Cal. Ct. App. · 2026 · confidence medium
“All parents, unless and until their parental rights are terminated, have an interest in their children’s ‘companionship, care, custody and management . . . .’” (K.C., supra, 52 Cal.4th at p. 236.) “‘This interest is a “compelling one, ranked among the most basic of civil rights.”’” (In re J.C. (2014) 222 Cal.App.4th 1489, 1492-1493 .) Here, father remained a biological father with his parental rights intact and was also allowed visitation with S.O. from February 2025 to July 17, 2025, when the juvenile court terminated jurisdiction with an exit order denying father all f…
discussed Cited as authority (rule) In re K.C. CA2/3
Cal. Ct. App. · 2025 · confidence medium
(Compare In re A.K. (2017) 12 Cal.App.5th 492, 499 [father whose reunification services had been terminated could not “establish that his rights and interest in reunification” were “injuriously affected by any failure to consider the paternal grandmother for placement” and thus had no standing to assert error under section 361.3] with K.C., supra, 52 Cal.4th at p. 238 [parent has standing to appeal placement decision if decision affected order terminating 26 parental rights]; Esperanza C., supra, 165 Cal.App.4th at pp. 1050–1051, 1053–1054 [mother whose parental rights had been byp…
cited Cited as authority (rule) Duket v. Gordon CA2/2
Cal. Ct. App. · 2025 · confidence medium
(In re K.C., supra, 52 Cal.4th at p. 236.) Accordingly, we dismiss his appeal.
discussed Cited as authority (rule) In re B.G. CA4/2
Cal. Ct. App. · 2025 · confidence medium
MGM’s desire to have placement of Minor with MGM was a “remote consequence” of appointment of counsel to Mother not involving a right or interest possessed by MGM that was “injuriously affected by the decision in an immediate and substantial way.” (K.C., supra, 52 Cal.4th at p. 236.) MGM cannot raise the claim on appeal that the juvenile court erred by either failing to appoint or by relieving counsel for Mother. 18 DISPOSITION The judgment is affirmed.
discussed Cited as authority (rule) In re Joel A. CA2/5
Cal. Ct. App. · 2025 · confidence medium
(K.C., supra, 52 Cal.4th at p. 238 [standing exists “only 7 if the placement order’s reversal advances the parent’s argument against terminating parental rights”]; In re Cody R. (2018) 30 Cal.App.5th 381, 390 .) Mother does not challenge the juvenile court’s termination decision on appeal.
discussed Cited as authority (rule) Shin v. Nissin Foods CA2/5
Cal. Ct. App. · 2025 · confidence medium
Proc., § 902; In re K.C. (2011) 52 Cal.4th 231, 236 [“An aggrieved person, for this purpose, is one whose rights or interests are injuriously affected by the decision in an immediate and substantial way, and not as a nominal or remote consequence of the decision”].) Accordingly, we dismiss defendant’s cross- appeal. 2 OCCURRING GLUTAMATES.”2 The ingredients in defendant’s products include autolyzed yeast extract, hydrolyzed corn protein, and hydrolyzed soy protein (collectively, protein hydrolysates).3 B.
discussed Cited as authority (rule) City of Westminster v. Webb CA4/3
Cal. Ct. App. · 2024 · signal: cf. · confidence medium
The point is contradicted by the face of the appellate record, including Dianna’s stipulation to the appointment order. 9 must be both a party of record to the action and aggrieved to have standing to appeal.” (Shaw v. Hughes Aircraft Co. (2000) 83 Cal.App.4th 1336, 1342 .) While a trial court nonparty may move to vacate an order and qualify to file an appeal (see Hassell v. Bird, supra, 5 Cal.5th at pp. 526, 548 [reversing denial of motion to vacate judgment brought by appellant that was a trial court nonparty]), Jason has done neither and it does not follow that an appellant may claim th…
discussed Cited as authority (rule) In re I.S. CA4/1
Cal. Ct. App. · 2024 · confidence medium
(In re K.C., supra, 52 Cal.4th at p. 236.) To illustrate the point, even if we were to conclude that Minor did not receive adequate services from July 2023 through January 2024, we could do nothing more than order provision of the services Minor argues she should have received, which the juvenile court has already directed as part of the very order Minor is appealing.
cited Cited as authority (rule) Daniel G. v. Superior Court CA5
Cal. Ct. App. · 2024 · confidence medium
(In re K.C., supra, 52 Cal.4th at p. 237.) 4.
discussed Cited as authority (rule) In re A.S. CA2/2 (2×)
Cal. Ct. App. · 2024 · confidence medium
Although standing to appeal is construed liberally, and doubts are resolved in its favor, only a person aggrieved by a decision may appeal. [Citations.] An aggrieved person, for this purpose, is one whose rights or interests are injuriously affected by the decision in an immediate and substantial way, and not as a nominal or remote consequence of the decision.” (In re K.C. (2011) 52 Cal.4th 231 , 236.) “[A] parent does not have standing to raise relative placement issues on appeal, where the parent’s reunification services have been terminated. [Citation.] This is because decisions conce…
discussed Cited as authority (rule) In re D.M. CA2/3 (2×)
Cal. Ct. App. · 2024 · confidence medium
Rather, at this point, “the focus shifts to the needs of the child for permanency and stability.” ’ ” (K.C., supra, 52 Cal.4th at p. 236.) For this reason, a parent generally does not have standing to raise relative placement issues on appeal where the parent’s reunification services have been terminated or bypassed.
examined Cited as authority (rule) In re N.B. CA4/1 (5×)
Cal. Ct. App. · 2024 · confidence medium
By thus acquiescing in the termination of his rights, he relinquished the only interest in [his child] that could render him aggrieved by the juvenile court’s order declining to place the child with grandparents.” (K.C., supra, 52 Cal.4th at p. 238.) In In re Joseph G. (2000) 83 Cal.App.4th 712 (Joseph G.), the court concluded that an alleged biological father who was not a party of record did not have standing to appeal an order terminating parental rights.
discussed Cited as authority (rule) In re T.R. CA2/1
Cal. Ct. App. · 2023 · confidence medium
Forfeiture DCFS argues Father forfeited his challenge to the jurisdictional findings concerning Mother’s physical abuse by 7 Citing In re Esperanza C., supra, 165 Cal.App.4th at page 1053 , Father observes that “ ‘[u]ntil parental rights are terminated, a parent retains a fundamental interest in his or her child’s companionship, custody, management and care.’ ” However, in a more recent opinion, the Supreme Court explained that “after reunification services are terminated . . . , ‘the parents’ interest in the care, custody and companionship of the child [is] no longer paramou…
discussed Cited as authority (rule) In re L.R. CA4/1
Cal. Ct. App. · 2023 · confidence medium
(See, e.g., In re K.C. (2011) 52 Cal.4th 231, 238 [“A parent’s appeal from a judgment terminating parental rights confers standing to appeal an order concerning the dependent child’s placement only if the placement order’s reversal advances the parent’s argument against terminating parental rights.”]; In re Frank L. (2000) 81 Cal.App.4th 700, 703 [parent lacked standing to contest placement of a child where arguments were premised on child’s interests, not parent’s]; In re Nachelle S. (1996) 41 Cal.App.4th 1557 , 1560–1562 [parent lacked standing to challenge sibling-visitati…
examined Cited as authority (rule) In re O.L. CA2/5 (3×) also: Cited "see"
Cal. Ct. App. · 2023 · confidence medium
Proc., § 902 [“Any party aggrieved may appeal in the cases prescribed in this title”].) This rule applies with “full force to appeals from dependency proceedings.” (K.C. supra, at 236; accord, In re D.S. (2007) 156 Cal.App.4th 671, 673-674 [father’s “ability to appeal does not confer standing to assert issues when he is not aggrieved by the order from which the appeal is taken”]; In re Carissa G. (1999) 76 Cal.App.4th 731, 734 [to have standing to appeal a dependency court order, a parent must “establish he or she is a ‘party aggrieved’ to obtain a review of a ruling on it…
discussed Cited as authority (rule) In re A.R. CA2/2
Cal. Ct. App. · 2022 · confidence medium
(Carissa G., supra, 76 Cal.App.4th at p. 736 .) Res judicata would not apply 8 because an identical issue would not exist: “‘[T]he “issues” before the family law court and juvenile court can never, in fact, be “identical,” even if some or all of the facts of abuse or neglect adduced in the two proceedings are the same, because of the important differences between the purposes and operations of the two courts, and the state’s overriding concern for the protection of the children.’ [Citations.]” (Ibid.) We find the reasoning of Carissa G. more persuasive and conclude that mothe…
discussed Cited as authority (rule) In re B.R. CA3
Cal. Ct. App. · 2022 · confidence medium
(See K.C., supra, 52 Cal.4th at p. 236.) We conclude mother has standing at the current juncture to appeal the juvenile court’s order regarding her request for visitation between grandmother and the minors, B.R-D. and Y.T.
discussed Cited as authority (rule) In re V.R. CA2/7
Cal. Ct. App. · 2022 · confidence medium
(K.C., supra, 52 Cal.4th at p. 235.) However, the father did not offer in the juvenile court any argument against termination of his parental rights, and on appeal the “father limited his argument to the question of K.C.’s placement,” asserting generally that if the placement order were reversed, the court should also reverse the order terminating parental rights. 6 In H.G., supra, 146 Cal.App.4th at pages 6 to 7 and 10, the court concluded the parents had standing to challenge the juvenile court’s granting of a section 387 petition to place their child in foster care instead of with h…
cited Cited as authority (rule) In re P.K. CA4/2
Cal. Ct. App. · 2022 · confidence medium
(K.C., supra, at p. 236.) b.
discussed Cited as authority (rule) In re R.C. CA2/8 (2×)
Cal. Ct. App. · 2021 · confidence medium
(In re K.C., supra, 52 Cal.4th at p. 236.) However, “after reunification services are terminated or bypassed . . . ‘the parents’ interest in the care, custody and companionship of the child [is] no longer paramount [and] “the focus shifts to the needs of the child for permanency and stability . . . .” ’ ” (Ibid.) The statutory exceptions to adoption at the section 366.26 hearing “permit the juvenile court not to terminate parental rights when compelling reasons show termination would be detrimental to the child.” (In re K.C., supra, 52 Cal.4th at p. 237; see also § 366.26, s…
discussed Cited as authority (rule) In re P v. CA4/1 (2×)
Cal. Ct. App. · 2020 · confidence medium
Although standing to appeal is construed liberally, and doubts are resolved in its favor, only a person aggrieved by a decision may appeal. [Citations.] An aggrieved person, for this purpose, is one whose rights or interests are injuriously affected by the decision in an immediate and substantial way, and not as a nominal or remote consequence of the decision.” (In re K.C. (2011) 52 Cal.4th 231 , 236 (K.C.).) “A parent’s appeal from a judgment terminating parental rights confers standing to appeal an order concerning the dependent child’s placement only if the placement order’s rever…
discussed Cited as authority (rule) In re E.E.
Cal. Ct. App. · 2020 · confidence medium
(Id. at p. 276.) When the father appealed the fees and costs portion of the judgment, the California Supreme Court dismissed his challenge, reasoning that by “secluding the children in a foreign country and alienating them, [he] violated not only his agreement with [the mother] and the provisions of the interlocutory and final decrees of divorce, but he has also wilfully and purposely evaded legal processes and contumaciously defied and nullified every attempt to enforce the judgments and orders of the California courts, including the very order from which he seeks relief by this appeal.” …
discussed Cited as authority (rule) K.J. v. Los Angeles Unified School District
Cal. · 2020 · confidence medium
To avoid any questions as to an attorney’s right to appeal, and to avoid unnecessary litigation regarding that issue, the better practice is for the attorney to file a notice of appeal that expressly identifies himself or herself as an appealing party. 7 Although the parties’ briefs include multiple references to “standing,” which is a jurisdictional requirement set forth in Code of Civil Procedure section 902 (see § 902 [“[a]ny party aggrieved may appeal”]; In re K.C. (2011) 52 Cal.4th 231, 236 [“only a person aggrieved by a decision may appeal”]; Marsh v. Mountain Zephyr, In…
discussed Cited as authority (rule) San Diego Cnty. Health & Human Servs. Agency v. Shauna R. (In re Cody R.) (2×)
Cal. Ct. App. 5th · 2018 · confidence medium
"Whether a person has standing to raise a particular issue on appeal depends upon whether the person's rights were injuriously affected by the *390 judgment or order appealed from. [Citation.] A person does not have standing to urge errors on appeal that affect only the interests of others. [Citation.] Accordingly, a parent is precluded from raising issues on appeal which do not affect his or her own rights." ( A.K., supra , 12 Cal.App.5th at p. 499 , 218 Cal.Rptr.3d 845 .) The California Supreme Court has held that "[a] parent's appeal from a judgment terminating parental rights confers stand…
discussed Cited as authority (rule) IN RE: PARENTAL RIGHTS AS TO T.L. (2×) also: Cited "see"
Nev. · 2017 · confidence medium
In re KC., 255 P.3d 953, 954 (Cal. 2011).
examined Cited as authority (rule) IN RE: PARENTAL RIGHTS AS TO T.L. (5×) also: Cited "see"
Nev. · 2017 · confidence medium
In re KC., 255 P.3d 953, 954 (Cal. 2011).
discussed Cited as authority (rule) In re Isaiah S. (2×)
Cal. Ct. App. · 2016 · confidence medium
(In re 9 K.C., supra, 52 Cal.4th at p. 238.) The court stated: "From these decisions we derive the following rule: A parent's appeal from a judgment terminating parental rights confers standing to appeal an order concerning the dependent child's placement only if the placement order's reversal advances the parent's argument against terminating parental rights." (Ibid.) Here, placement with the maternal relatives does not advance Amber's argument against terminating parental rights.
discussed Cited as authority (rule) In re: Adoption/G'ship of L.B. and I.L.
Md. Ct. Spec. App. · 2016 · confidence medium
A distinction made by one court is that a parent may be able to show that he or she is aggrieved by a placement order, and thus have standing to contest it, if the placement order’s reversal "advances the parents argument against terminating parental rights.” See In re K.C., 52 Cal.4th 231 , 128 Cal.Rptr.3d 276 , 255 P.3d 953, 956-57 (2011).
discussed Cited as authority (rule) In re Levi W. CA1/2
Cal. Ct. App. · 2016 · confidence medium
(See In re K.C. (2011) 52 Cal.4th 231, 236 [“the law’s first priority when dependency proceedings are commenced is to preserve family relationships, if possible.”].) 6 We also believe appellant invests too much meaning to just her words to the juvenile court.
discussed Cited as authority (rule) In re A.C. CA2/8 (2×) also: Cited "see, e.g."
Cal. Ct. App. · 2016 · confidence medium
(See In re K.C., supra, at p. 238.) Courts have recognized that a parent lacking standing to appeal may nonetheless achieve “a status loosely akin to that of amicus curiae” if they extensively litigated the issue to be raised on appeal below.
discussed Cited as authority (rule) In re D.D. CA2/4
Cal. Ct. App. · 2016 · confidence medium
(See, e.g., In re K.C. (2011) 52 Cal.4th 231, 236 [“Although standing to appeal is construed liberally, and doubts are resolved in its favor, only a person aggrieved by a decision may appeal. [Citations.]”].) Here, mother appeals the juvenile court’s order that “took away my education rights/limited my education rights as to [D.D.] without due process.”5 Because mother’s right to make educational decisions for D.D. was affected by the juvenile court’s order in an “immediate and substantial way,” she has standing to appeal that order.
discussed Cited as authority (rule) In re M.H. CA4/2
Cal. Ct. App. · 2015 · confidence medium
If the answer be ye[s], then the person is the “party aggrieved.” But his right to the thing must be the immediate, and not the remote consequence of the judgment, had it been differently given.’ [Citation.]”].) We acknowledge that the court in T.G., supra, 188 Cal.App.4th 687 criticized the reasoning of Melinda K., in part on the ground that “a finding [of reasonable services at the time of the six-month review] can put the interests of parents and children in reunification at a significant procedural disadvantage.” (T.G., supra, at p. 695.) Further, while we agree with the T.G. c…
discussed Cited as authority (rule) In re J.H. CA2/8
Cal. Ct. App. · 2015 · confidence medium
The Supreme Court in In re K.C. concluded that a “parent’s appeal from a judgment terminating parental rights confers standing to appeal an order concerning the dependent child’s placement only if the placement order’s reversal advances the parent’s argument against terminating parental rights.” (In re K.C., supra, 52 Cal.4th at p. 238, italics added.) The father in In re K.C. did not contend the order terminating his parental rights was infirm.
discussed Cited as authority (rule) In re R.C. CA6 (2×)
Cal. Ct. App. · 2015 · confidence medium
(In re Carissa G. (1999) 76 Cal.App.4th 731, 734 .) An “aggrieved person . . . is one whose rights or interests are injuriously affected by the decision in an immediate and substantial way, and not as a nominal or remote consequence of the decision.” (In re K.C. (2011) 52 Cal.4th 231 , 236 (K.C.).) In K.C., the California Supreme Court articulated the rule that “[a] parent’s appeal from a judgment terminating parental rights confers standing to appeal an order concerning the dependent child’s placement only if the placement order’s reversal advances the parent’s argument against …
discussed Cited as authority (rule) In re P.P. CA3 (2×)
Cal. Ct. App. · 2015 · confidence medium
(In re K.C., supra, 52 Cal.4th at p. 236.) The issue of appropriate placement of the minor is not before the court at a section 366.26 hearing.
discussed Cited as authority (rule) In re Noah F. CA2/7 (2×) also: Cited "see, e.g."
Cal. Ct. App. · 2014 · confidence medium
(See In re K.C., supra, at p. 238 [father did not have standing to appeal order “declining to place the child with grandparents” because the father “did not contest the termination of his parental rights in the juvenile court” and “[b]y thus acquiescing in the termination of his rights, he relinquished the only interest in [the child] that could render him aggrieved by the juvenile court’s order”].) In Cesar V. v. Superior Court, supra, 91 Cal.App.4th 1023 , the father filed a section 388 petition alleging new evidence showing the paternal grandmother’s suitability as a placeme…
discussed Cited as authority (rule) In re Sarah v. CA2/8
Cal. Ct. App. · 2014 · confidence medium
(K.C., supra, 52 Cal.4th at p. 238.) Father’s assertion that he “faces the prospect of losing his ability to have any relationship at all if Sarah V. remains with the foster parents, rather than being placed with her own family in the home of the paternal aunt,” is not a challenge to the termination order and is insufficient to 7 confer standing on father.
discussed Cited as authority (rule) In re Jayden M.
Cal. Ct. App. · 2014 · confidence medium
Lack of Standing “Although standing to appeal is construed liberally, and doubts are resolved in its favor, only a person aggrieved by a decision may appeal. [Citations.]” (In re K.C. (2011) 52 Cal.4th 231 , 236.) Thus, “[a] parent cannot raise issues on appeal which do not affect his or her own rights.” (In re Devin M. (1997) 58 Cal.App.4th 1538, 1541 ; see also In re Frank L. (2000) 81 Cal.App.4th 700, 703 [parent must be “party aggrieved” to have standing to appeal]; Cesar V. v. Superior Court (2001) 91 Cal.App.4th 1023, 1034-1035 (Cesar V.) [party’s interest must be “injuri…
discussed Cited as authority (rule) Gunnuscio v. Kainth CA5
Cal. Ct. App. · 2014 · signal: cf. · confidence medium
(Id. at p. 737; cf. In re K.C. (2011) 52 Cal.4th 231, 236 [“An aggrieved person … is one whose rights or interests are injuriously affected by the decision in an immediate and substantial way, and not as a nominal or remote consequence of the decision”].) The trial court’s denial of the motion can be said to affect appellant’s rights or interests in a manner that is neither nominal nor remote.
discussed Cited as authority (rule) In re T.D. CA4/1
Cal. Ct. App. · 2014 · confidence medium
Further, while we agree with the In re T.G court that there is a possibility that a parent might suffer future harm "based in part on an erroneous finding of reasonable services" (In re T.G., supra, 188 Cal.App.4th at p. 695 ) and that such a finding may not be reviewed "by way of an appeal from a subsequent adverse order" (id. at p. 696), in our judgment, a parent who may suffer a potential adverse consequence in the future has not had his or her "rights or interests . . . injuriously affected by the decision in an immediate and substantial way." (In re K.C., supra, 52 Cal.4th at p. 236 [defi…
cited Cited as authority (rule) In re Shawn v. CA2/7
Cal. Ct. App. · 2014 · confidence medium
(Cf. In re K.C. (2011) 52 Cal.4th 231, 238 [father whose reunification services had been terminated lacked standing to challenge denial of grandparents’ section 388 petition seeking 15 5.
examined Cited as authority (rule) In re J.C. (3×)
Cal. Ct. App. · 2014 · confidence medium
“Although standing to appeal is construed liberally, and doubts are resolved in its favor, only a person aggrieved by a decision may appeal. [Citations.] An aggrieved person, for this purpose, is one whose rights or interests are injuriously affected by the decision in an immediate and substantial way, and not as a nominal or remote consequence of the decision. [Citations.] These rules apply with full force to appeals from dependency proceedings.” (In re K.C. (2011) 52 Cal.4th 231 , 236.) To determine whether a parent has standing, “we must therefore precisely identify [mother’s] inter…
discussed Cited as authority (rule) Orange County Social Services Agency v. L.N.
Cal. Ct. App. · 2014 · confidence medium
Rather, at this point “the focus shifts to the needs of the child for permanency and stability (In re K.C., supra, 52 Cal.4th at p. 236.) Here, reunification services were terminated, and thus mother’s legal interest in companionship is significantly reduced.
discussed Cited as authority (rule) In re E.F. CA6
Cal. Ct. App. · 2013 · confidence medium
(See In re K.C. (2011) 52 Cal.4th 231, 238 [“A parent’s appeal from a judgment terminating parental rights confers standing to appeal an order concerning the dependent child’s placement only of the placement order’s reversal advance’s the parent’s argument against terminating parental rights.]”) Here, reversal of the placement order would advance Mother’s argument against termination of parental rights.
discussed Cited as authority (rule) In re L.B. CA6 (2×)
Cal. Ct. App. · 2013 · confidence medium
(See In re Esperanza C. (2008) 165 Cal.App.4th 1042 .) In In re K.C., the California Supreme Court articulated the rule that “[a] parent’s appeal from a judgment terminating parental rights confers standing to appeal an order concerning the dependent child’s placement only if the placement order’s reversal advances the parent’s argument against terminating parental rights.” (In re K.C., supra, 52 Cal.4th at p. 238.) Father argues in his reply brief that if the Department had fulfilled its duties to assess and investigate grandmother as a potential placement for L.B., it is possible…
examined Cited as authority (rule) In re J.T. CA4/2 (3×)
Cal. Ct. App. · 2013 · confidence medium
(K.C., supra, 52 Cal.4th at p. 237.) Thus here, Mother has no legally cognizable interest in J.T.‟s placement, and as a result has no standing to challenge the May 16, 2012, order refusing to consider Aunt for placement.
discussed Cited as authority (rule) In re Luke P. CA2/8
Cal. Ct. App. · 2013 · confidence medium
(Compare In re K.C. (2011) 52 Cal.4th 231, 237 (K.C.) [father whose parental rights had been terminated did not have standing to appeal order denying paternal grandparents‟ request that child be placed with them], with In re Esperanza C. (2008) 165 Cal.App.4th 1042, 1054 (Esperanza C.) [because relative placement has potential to alter dependency court‟s determination of permanent placement plan, mother whose reunification services have been terminated but whose parental rights have not been terminated has standing to appeal placement order]; see also In re H.G. (2006) 146 Cal.App.4th 1, 9…
discussed Cited as authority (rule) In re B.C. CA3 (2×)
Cal. Ct. App. · 2013 · confidence medium
(In re K.C., supra, 52 Cal.4th at p. 236.) The issue of appropriate placement of the minor is not before the court at a section 366.26 hearing.
Retrieving the full opinion text from the archive…
In re K.C., a Person Coming Under the Juvenile Court Law. KINGS COUNTY HUMAN SERVICES AGENCY, Plaintiff and Respondent,
v.
J.C., Defendant and Appellant.
S183320.
California Supreme Court.
Jul 21, 2011.
255 P.3d 953
Werdegar.
Cited by 15 opinions  |  Published

[*233] Monica Vogelmann, under appointment by the Supreme Court, for Defendant and Appellant.

Peter D. Moock and Colleen Carlson, County Counsel, and Johannah Hartley, Deputy County Counsel, for Plaintiff and Respondent.

Jennifer B. Henning for California State Association of Counties as Amicus Curiae on behalf of Plaintiff and Respondent.

[*234] OPINION

WERDEGAR, J.—

The question before us in this dependency case is whether a father whose parental rights have been terminated (Welf. & Inst. Code, § 366.26, subd. (c)),[1] and who does not challenge that decision, has standing to appeal an order entered at the same hearing denying a petition by the dependent child's grandparents to have the child placed with them (§§ 361.3, 366.26, subd. (k), 388). We hold the father does not have standing to appeal the order concerning placement.

I. BACKGROUND

Only the question of standing is before us. We have no occasion to review the merits of the superior court's order denying the petition concerning placement (§ 388) or the judgment terminating parental rights (§ 366.26, subd. (c)). Accordingly, the facts underlying those rulings do not affect our decision, and we offer only the briefest summary of them.

K.C., the subject of this proceeding, is the youngest of eight children born to father, the appellant in this case, and to mother, who has not appealed. K.C. was born in September 2008. Five of his siblings survive. Another sibling died at birth, and the eldest, J.C., died in October 2008 at the age of 15 after jumping from a moving car driven by mother. In separate proceedings, the juvenile court in Tulare County has declared K.C.'s siblings to be dependents, terminated mother's and father's parental rights as to them, and placed the siblings with their paternal grandparents (grandparents).

Six weeks after J.C. died, K.C. was removed from mother's custody in Kings County, declared to be a dependent child (§ 300), and placed with a foster parent who wishes to adopt him. Grandparents asked respondent Kings County Human Services Agency (agency) to place K.C. in their home with his siblings. Although grandparents' home met the applicable licensing requirements, the agency denied the request based on a variety of concerns, including, among others, mother's and father's continuing access to grandparents' home, questions about grandparents' ability to care for a sixth child, and[*235] a suicide attempt in grandparents' home by J.C. in 2007. The Kings County Juvenile Court bypassed reunification services for both parents because of their failure to reunify with K.C.'s siblings (§ 361.5, subd. (b)(10)), as well as their history of drug and alcohol abuse (id., subd. (b)(13)), and scheduled a hearing to select and implement a permanent plan for K.C. (§ 366.26).

Grandparents filed a petition to modify K.C.'s existing placement (§ 388) by placing him in their home. The juvenile court heard the matter at a contested hearing immediately preceding the selection and implementation hearing. At the hearing, the agency reiterated its previously expressed concerns about placing K.C. with grandparents and called witnesses to support its position. In opposition, grandparents called child welfare officials from Tulare County, who testified that K.C.'s siblings were doing well in grandparents' care, and the principal of the siblings' school, who expressed satisfaction with their academic progress. Father, who was transported from prison in custody to appear at the hearing, stated he believed K.C. should be placed with grandparents. Neither father nor his counsel, however, offered any argument against terminating father's parental rights. Mother, who was incarcerated and awaiting deportation, did not appear.

At the conclusion of the hearing, the juvenile court denied grandparents' petition to modify K.C.'s placement, selected adoption as the permanent plan, and terminated mother's and father's parental rights. Father filed a notice of appeal from both the order denying grandparents' petition and the judgment terminating his rights. In the ensuing appeal, however, father did not argue the court erred or abused its discretion in terminating his rights. Instead, father limited his argument to the question of K.C.'s placement and contended that, should the Court of Appeal reverse the placement order, the court should also reverse the judgment terminating parental rights to restore the parties to their prior positions. (Cf. In re Esperanza C. (2008) 165 Cal.App.4th 1042, 1061-1062 [81 Cal.Rptr.3d 556]; In re H.G. (2006) 146 Cal.App.4th 1, 18 [52 Cal.Rptr.3d 364].) The Court of Appeal, reasoning that father was not aggrieved by the placement decision because it could not be shown to affect his parental rights, dismissed father's appeal. The court also dismissed grandparents' appeal as untimely. We granted father's petition for review.

II. DISCUSSION

(1) The issue before us is one of standing, not appealability. Orders denying petitions under section 388 to modify prior orders of the juvenile[*236] court, such as grandparents' petition in this case to modify the dependent child's placement, are appealable under section 395. Section 395 expressly provides that any order subsequent to the judgment under section 300 declaring a child to be a dependent "may be appealed as an order after judgment." (§ 395, subd. (a)(1); see In re Aaron R. (2005) 130 Cal.App.4th 697, 702-703 [29 Cal.Rptr.3d 921].)

(2) Not every party has standing to appeal every appealable order. Although standing to appeal is construed liberally, and doubts are resolved in its favor, only a person aggrieved by a decision may appeal. (E.g., In re L. Y. L. (2002) 101 Cal.App.4th 942, 948 [124 Cal.Rptr.2d 688]; cf. Code Civ. Proc., § 902 ["Any party aggrieved may appeal ...."].) An aggrieved person, for this purpose, is one whose rights or interests are injuriously affected by the decision in an immediate and substantial way, and not as a nominal or remote consequence of the decision. (In re L. Y. L., supra, at p. 948; see County of Alameda v. Carleson (1971) 5 Cal.3d 730, 737 [97 Cal.Rptr. 385, 488 P.2d 953]; Estate of Colton (1912) 164 Cal. 1, 5 [127 P. 643].) These rules apply with full force to appeals from dependency proceedings. (E.g., In re L. Y. L., supra, at p. 948.)

(3) To determine whether father is aggrieved by the juvenile court's order declining to place K.C. with grandparents, we must therefore precisely identify father's interest in the matter. All parents, unless and until their parental rights are terminated, have an interest in their children's "companionship, care, custody and management ...." (In re Marilyn H. (1993) 5 Cal.4th 295, 306 [19 Cal.Rptr.2d 544, 851 P.2d 826].) This interest is a "compelling one, ranked among the most basic of civil rights." (Ibid.) While the overarching goal of the dependency law is to safeguard the welfare of dependent children and to promote their best interests (e.g., In re Nolan W. (2009) 45 Cal.4th 1217, 1228 [91 Cal.Rptr.3d 140, 203 P.3d 454]; In re A.M. (2008) 164 Cal.App.4th 914, 925 [79 Cal.Rptr.3d 620]), the law's first priority when dependency proceedings are commenced is to preserve family relationships, if possible. (In re Nolan W., supra, at p. 1228.) To this end, the law requires the juvenile court to provide reunification services unless a statutory exception applies. (See ibid.; § 361.5.) In contrast, after reunification services are terminated or bypassed (as in this case), "the parents' interest in the care, custody and companionship of the child [is] no longer paramount. Rather, at this point `the focus shifts to the needs of the child for permanency and stability ....'" (In re Stephanie M. (1994) 7 Cal.4th 295, 317 [27 Cal.Rptr.2d 595, 867 P.2d 706], quoting In re Marilyn H., supra, at p. 309.) For this reason, the decision to terminate or bypass reunification services[*237] ordinarily constitutes a sufficient basis for terminating parental rights. (§ 366.26, subd. (c)(1).) A few statutory exceptions to this rule permit the juvenile court not to terminate parental rights when compelling reasons show termination would be detrimental to the child. (Id., subd. (c)(1)(B)(i)-(vi).) But father did not argue below, and does not argue now, that any such exception applies. Indeed, as noted, father does not contend the order terminating his parental rights was improper in any respect. That he has no remaining, legally cognizable interest in K.C.'s affairs, including his placement, logically follows.

For this reason, the present case is distinguishable from the cases on which father primarily relies, In re H.G., supra, 146 Cal.App.4th 1, and In re Esperanza C., supra, 165 Cal.App.4th 1042. In both cases, the Court of Appeal concluded that parents whose rights had been terminated were aggrieved by, and thus did have standing to appeal, pretermination orders concerning their children's placement, because the possibility existed that reversing those orders might lead the juvenile court not to terminate parental rights. These cases do not assist father because he makes no such argument.

In re H.G., supra, 146 Cal.App.4th 1, was an appeal by parents of an order removing their daughter from her grandparents' custody (see § 387)[2] and a judgment terminating parental rights. The Court of Appeal reversed the order taking the child from her grandparents because the juvenile court had failed to comply with section 361.3, which mandates preferential consideration of a request for placement with relatives of the dependent child. (In re H.G., supra, at pp. 10-11; see § 361.3, subd. (a).) Because the court failed properly to consider the request for placement with relatives, the order terminating parental rights was at least premature and possibly erroneous: The placement of a dependent child with relatives can, under certain circumstances, make the termination of parental rights unnecessary. (§ 366.26, subd. (c)(1)(A).)[3] Because the propriety of terminating parental rights depended partly on the[*238] placement decision, the order removing the child from her grandparents' custody affected the mother's interests sufficiently to confer upon her standing to appeal that order as well. As the Court of Appeal explained, "a placement decision under section 387 has the potential to alter the court's determination of the child's best interests and the appropriate permanency plan for that child, and thus may affect a parent's interest in his or her legal status with respect to the child." (In re H.G., supra, at p. 10.)

In re Esperanza C., supra, 165 Cal.App.4th 1042, extended the reasoning of In re H.G., supra, 146 Cal.App.4th 1, to the procedural mechanism employed in the case before us, namely, a petition under section 388 to modify an existing order concerning placement. A mother whose parental rights had been terminated sought to appeal an order, entered immediately before termination, denying a relative's petition for placement under section 388. Adopting the reasoning of In re H.G., the court concluded the mother did have standing because the resolution of the placement issue had the potential to alter the decision to terminate parental rights. (In re Esperanza C., supra, at p. 1054.) The court thus reversed both the order concerning placement and the judgment terminating parental rights. (Id., at p. 1062.)

(4) From these decisions we derive the following rule: A parent's appeal from a judgment terminating parental rights confers standing to appeal an order concerning the dependent child's placement only if the placement order's reversal advances the parent's argument against terminating parental rights. This rule does not support father's claim of standing to appeal because he did not contest the termination of his parental rights in the juvenile court. By thus acquiescing in the termination of his rights, he relinquished the only interest in K.C. that could render him aggrieved by the juvenile court's order declining to place the child with grandparents.[4]

Arguing against this conclusion, father suggests the court's placement order touches upon interests other than his interest in avoiding the termination of his parental rights. First, he argues he has standing to appeal simply because he is a party of record and because standing to appeal is construed liberally and doubts resolved in its favor. (E.g., In re L. Y. L., supra, 101 Cal.App.4th 942, 948.) These very general principles, however, do not[*239] displace the fundamental rule that only a person aggrieved by a decision may appeal. (See ibid.; see also County of Alameda v. Carleson, supra, 5 Cal.3d 730, 737 [only person aggrieved by decision may appeal]; Estate of Colton, supra, 164 Cal. 1, 5 [same]; Code Civ. Proc., § 902 [same].)

Next, father argues he has standing to appeal the order denying placement with grandparents (i.e., his own parents) because, if the order were reversed and grandparents were eventually to adopt K.C., father would in some sense become K.C.'s legal sibling and thus acquire a new set of rights connecting him with K.C. We find no merit in the argument, because the rights father posits are potentially inconsistent with the judgment terminating his parental rights. For example, while the dependency law does permit postadoption contact between siblings (§ 366.29), we doubt the Legislature intended the term "sibling" to include a parent whose rights as to a child have been terminated and who may appropriately be ordered not to have any contact with the child. Similar objections apply to father's additional arguments that his status as a "relative" would entitle him to preference as a foster parent if K.C. once again entered the foster care system (see Fam. Code, § 7950, subd. (a)(1)), and to enjoy certain rights as a "relative" in the event a guardianship were ever proposed for K.C. (see Prob. Code, § 1510).

(5) Finally, father contends he has standing to appeal because he joined in grandparents' motion for placement and took an active part in litigating the motion in the juvenile court. However, "the mere fact a parent takes a position on a matter at issue in a juvenile dependency case that affects his or her child does not alone constitute a sufficient reason to establish standing to challenge an adverse ruling on it." (In re Carissa G. (1999) 76 Cal.App.4th 731, 736 [90 Cal.Rptr.2d 561] [mother lacked standing to appeal dependency petition].) The decision in Cesar V. v. Superior Court (2001) 91 Cal.App.4th 1023 [111 Cal.Rptr.2d 243], on which father relies, is not to the contrary. Although the father in that case was held to lack standing to appeal, the court nevertheless permitted him to offer argument in support of an appellant who did have standing because the father had "extensively litigated the issue below ...." (Id., at p. 1035.) What the father in Cesar V. appears to have won was not standing to appeal, but a status loosely akin to that of amicus curiae. Here, in contrast, there is no appeal on the merits in which father might participate in a similar capacity. The only parties with standing to appeal—grandparents—did not file a timely notice of appeal.

(6) In conclusion, father has not shown that he is aggrieved by the juvenile court's order denying grandparents' motion concerning placement. That the Court of Appeal properly dismissed his appeal for want of standing necessarily follows.

[*240] III. DISPOSITION

The judgment of the Court of Appeal is affirmed.

Cantil-Sakauye, C. J., Kennard, J., Baxter, J., Chin, J., Corrigan, J., and Gilbert, J.,[*] concurred.

1 All further statutory citations are to the Welfare and Institutions Code, except as noted.
2 Section 387 governs proposed orders that would have the effect of imposing a more restrictive placement, i.e., by "removing a child from the physical custody of a parent, guardian, relative, or friend and directing placement in a foster home, or commitment to a private or county institution ...." (Cf. § 388 [concerning petitions to modify juvenile court orders generally].)
3 The court need not terminate parental rights when "[t]he child is living with a relative who is unable or unwilling to adopt the child because of circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, but who is willing and capable of providing the child with a stable and permanent environment through legal guardianship, and the removal of the child from the custody of his or her relative would be detrimental to the emotional well-being of the child...." (§ 366.26, subd. (c)(1)(A).)
4 On appeal, father argued perfunctorily that, if the placement order were reversed, the court should also reverse the order terminating parental rights under the authority of In re H.G., supra, 146 Cal.App.4th 1 and In re Esperanza C., supra, 165 Cal.App.4th 1042. Nothing in those decisions suggests, however, that a reviewing court must reverse an order terminating the rights of a parent who did not oppose that order when it was entered.

[*] Presiding Justice of the Court of Appeal, Second Appellate District, Division Six, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.