CHILDREN AND THE LAW
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Dependency Petitions
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Appellate Review
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Wende Independent Review
............Wende Review Not Required
8 Cards On This Topic:
If appointed counsel finds no arguable basis for challenging termination of parental rights, Court of Appeal need not permit parent to personally file a brief unless s/he can establish good cause by showing an arguable issue exists.
Anders/Wende doesn’t apply, and not extended, to indigent parent’s appeal from judgment/order obtained by State adversely affecting his/her custody or status as parent.
Dismissal proper where appeal of termination of parental rights made no assertions of error; Sade C. did not leave "door open" for discretionary Wende review in dependency appeals.
Appealable dependency dispositional orders do not warrant constitutionally protected procedures of Anders as applied per Wende.
Neither U.S. Constitution nor Cal. S. Ct. compels Court of Appeal to extend Wende procedures to judgments terminating parental rights.
No independent review required where appellate brief raises no issues; Wende principles inapplicable in dependency cases.
On FC 7822 appeal, Court need not conduct Wende review; Supreme Court urged to extend review to FC rights terminations.
Petitioner’s writ challenging setting of W&IC 366.26 hearing not entitled to independent Wende review.