CHILDREN AND THE LAW
...Dependency Petitions
......Selection & Implement. Hrg.
.........Appellate Review
............Appellate Review: Prior Orders
9 Cards On This Topic:

Mother's failure to challenge visitation order in juvenile court did not preclude Court of Appeal from considering issue on appeal where appeal presented important issue of law.

Although juvenile ct. may have asked trial counsel to notify F of his appellate petitioning rights, there was substantial compliance in making the W&IC 366.26(l)(3)(A) advisement.

Because juvenile ct. failed to give F notice of right to file a writ petition to challenge findings and orders at referral hearing, he could raise those challenges in instant appeal.

In light of court's failure to provide grandmother with notice of writ requirement, she could challenge orders made at W&IC 366.26 hearing on appeal.

Mother free to appeal jurisdictional findings from order terminating parental rights where court did not advise her of necessity of filing writ petition.

Court of Appeal may not treat F's appellate briefing as application for writ of habeas corpus.

Mother excused from failure to file writ petition, and claims cognizable on appeal from §366.26 hearing where court did not give her notice of right to file writ petition.

Nonappealable order may be reviewed when juv. court does not give timely notice to parent of writ relief procedures per (former) Rule 39.1B; time standards in W&IC 366.26 (l) and (former) Rule 39.1B are mandatory.

Parent may not appeal from reunification orders after order terminating parental rights.