CHILDREN AND THE LAW
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Dependency Petitions
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Appellate Review
.........Timing
11 Cards On This Topic:
General time limits for appellate review of juvenile court orders.
While juvenile ct. treated calendared W&IC 366.21 hrg as 12-mo. rather than 6-mo. review, F not yet aggrieved and could not appeal: hrg actually in 6 mos., no orders made nor services curtailed.
Mother's appeal of termination of her parental rights was timely filed within the 20-day extension from father's filing where he filed within requisite 60 days of judgment.
Since (former) rule 201.1(b) does not envision issuance and filing of written order when parental rights terminated, it does not trigger the Markaus V. exception to rule that appeal period runs from an order's pronouncement.
Given Cs' special need for finality in adoption related proceedings, deadline for appealing from orders terminating parental rights firmly applied, and mother identified no basis for exception.
Mother's purported appeal from separate orders untimely and dismissed. Although trial ct. erred in staying order terminating parental rights pending adoptive home study, error harmless.
Mother waived right to challenge order denying continuing discovery, rendered after final judgment, by not specifically appealing from it.
Appeal untimely when filed more than 60 days after judgment pronounced and signed, but less than 60 days from filing; no constructive filing permitted.
If order pronounced in open court, time to appeal from order begins to run when order pronounced, unless statute requires written order.
Given need for stability and certainty in dependency, Legislature properly limited time in which parent could attack termination order for lack of notice [W&IC 366.26(h), now (i)].
Cases discussing the timing of requests for appellate review.