CHILDREN AND THE LAW
...Dependency Petitions
......Appellate Review
.........Who May Appeal
............Party’s Attorney
 12 Cards On This Topic:
  • Child's appeal, signed by F, dismissed: In dependency proceedings, where parent and C may be, in effect, adversaries, logic and common sense dictate that parent should not make legal decisions on behalf of C.
  • Court will accept notice of appeal in dependency case signed by counsel without questioning client authorization-as in other cases, attorney is impliedly representing that client authorized the appeal.
  • When appeal based on appellant's not receiving proper notice, and no evidence she was made aware of what occurred w/in time limit for appealing, she need not personally authorize appeal; right may be preserved by notice filed by counsel.
  • Absent showing mother did not authorize counsel to sign notice of appeal, counsel presumed to have had necessary authority; showing not made where mother actively took part in proceedings.
  • Attorney’s signature on notice of intent to file writ petition inadequate where declaration does not state good cause for mother’s not having signed notice herself.
  • Attorney absolved from prof. responsibility to file (former) Rule 39.1B writ petition where parent has no contact with attorney and did not authorize in writing or sign petition.
  • Mother must show actual written consent to taking of writ petition. Burden is on ••parent•• in dependency case to pursue appellate rights, not on attorney.
  • Client’s actual consent required for appeal from order terminating parental rights; mother’s lack of interest in child and fact her signature not on notice of appeal compels dismissal.
  • Absent showing of lack of authority, parent’s attorney has assumed authority to execute notice of appeal even after s/he has been relieved as counsel.
  • Mother must indicate actual written consent to taking of writ petition; counsel’s declaration insufficient.
  • Client’s actual consent required for writ petitions or appeals from juvenile court orders.
  • Appeal re termination of parental rights and adoptability dismissed where absconded mother’s attorney not authorized to appeal on her behalf.


    •