Section 1040. Notice and right to be heard

The foster parent caring for the
  child  or  any  pre-adoptive  parent  or relative providing care for the
  child shall be provided with  notice  of  any  permanency  hearing  held
  pursuant  to  this  article by the social services official. Such foster
  parent, pre-adoptive parent or relative shall have the right to be heard
  at  any  such  hearing;  provided,  however,  no  such  foster   parent,
  pre-adoptive  parent or relative shall be construed to be a party to the
  hearing solely on the basis of such notice and right to  be  heard.  The
  failure  of  the  foster parent, pre-adoptive parent, or relative caring
  for the child to appear at  a  permanency  hearing  shall  constitute  a
  waiver  of  the  right  to be heard and such failure to appear shall not
  cause a delay of the permanency hearing nor shall such failure to appear
  be a ground for the invalidation  of  any  order  issued  by  the  court
  pursuant to this section.