CHILDREN AND THE LAW
...Dependency Petitions
......Appellate Review
.........What Is Not Appealable
 15 Cards On This Topic:
  • Appeal not available from order setting 366.26 permanency planning hearing.
  • Order allowing CFS to place C with adoptive parent after parental rights terminated was nonappealable, as was order changing his permanent plan to adoption [challenge to which was designed to overturn the placement order].
  • Mother received sufficient notice of writ requirement to preclude her from raising issues pertaining to the 9/11 order in her appeal from 12/12 order terminating her parental rights.
  • Order for genetic testing not a final judgment subject to appellate review, nor appealable as a collateral matter.
  • Parents' appeals dismissed where all orders appealed from were made at same time as order setting 366.26 hearing, and 366.26 (l) provisions not met; contrary holding in 1991's Elizabeth M. no longer good law.
  • Juvenile court's finding that children had probability for adoption was only interim and thus not appealable.
  • F waived right to challenge Cs' earlier removal by raising procedural argument on appeal from recent order and not challenging 3 prior orders, a move tantamount to sabotage of process.
  • By agreeing at review hrg that juv. ct.'s initial jurisdiction justified by conditions that "still exist," F waived right to complain on appeal re custody and competency determinations.
  • Welf. & Inst. Code §366.26 (l) bars direct appeal from order setting section 366.26 hearing.
  • Challenges to dispositional judgment and underlying jurisdictional findings must be brought by writ petition when services denied both parents at dispositional hearing.
  • Mother may not appeal "home visit with father" order which grew out of settlement discussions and all counsel agreed in open court.
  • Order by referee at permanency planning hearing to initiate guardianship proceedings is not appealable.
  • On appeal from order terminating parental rights, parent may not appeal from earlier, appealable reunification orders.
  • Neither appeal nor writ petition available to seek review of errors made in referral hearing after judgment rendered in selection and implementation hearing.
  • Father may not challenge reunification plan’s adequacy on appeal after order terminating rights; challenge designed to be asserted at referral order stage.


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