CHILDREN AND THE LAW
...Dependency Petitions
......Selection & Implement. Hrg.
.........Appellate Review
............Appellate Review: Procedures
 13 Cards On This Topic:
  • Mother could not challenge order setting W&IC 366.26 hrg. by claiming court did not inform her of by-mail writ requirements where she received clerk's papers and failed to file written change of permanent mailing address.
  • Due to juvenile court's failure to duly advise mother of her writ rights, purported appeal from order terminating reunification services construed as petition for writ of mandate.
  • Proper to augment record on appeal to include addendum report on positive home study of grandparents, which showed issue of conflicting holdings and reliance on improper testimony was moot.
  • Mother entitled to seek review of parental rights termination order by petition for writ of habeas corpus; Court of Appeal declines to follow In re Meranda P.
  • Court announces intention to summarily deny writ petitions not complying with Welf. & Inst. Code §366.26 and (former) Rules of Court, rule 39.1B and take steps to deter repeated violations by attys.
  • Amendments to (former) rule 39.1B in conflict with section 366.26, and unconstitutional as JC may only make rules not inconsistent with statute.
  • On the merits writ review occurs when OSC or alternative writ of mandate procedure followed by oral argument and opinion.
  • Alternative writ or OSC and written decision not required in all (former) Rule 39.1B writ proceedings; summary denial appropriate in limited circs.
  • Issuance of alternative writ or OSC is not required in proceedings under (former) Rule 39.1B in order to reach merits.
  • DCA1 calls upon Supreme Court to authoritatively interpret, or Judicial Council to substantially amend, (former) Rule 39.1B writ procedures.
  • Juvenile court’s failure to follow appellate mandate by holding hearing after 5, rather than 6 mos of additional reunification, not a material variance from order.
  • Parents cannot segment visitation orders from balance of referral order for purpose of seeking appeal rather than writ review.
  • Errors at §366.22 hearing must be reviewed by writ petition before §366.26 hearing; appeal claiming ineffectiveness of counsel for failure to file timely writ alleging §366.26 hearing errors treated as writ.


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