CHILDREN AND THE LAW
...Non-Dependency Term. of Parental Rights
......Appeal
.........In General
10 Cards On This Topic:
  • Time limits for appeals in Fam. Code §7800 et seq. or Welf. & Inst. Code §300 cases.
  • Order terminating parental rights is final and nonmodifiable, except on appeal.
  • State may not condition appeal from trial court decree terminating parental rights on parent’s ability to pay record preparation fees
  • Trial court erred in ruling mother had no standing to petition for the termination of F's parental rights.
  • FC 7894 does not preclude court from granting new trial motion.
  • Court committed legal errors in failing to consider evaluator's report, interview 10-yr. old, and consider whether Cs needed independent counsel. If counsel required, retrial required.
  • Under FC 7894, judgment terminating parental rights may not be reversed on ground it was taken by default; appellate court may review judgment only for sufficiency of evidence or error.
  • Neither U.S. Constitution nor Cal. Supreme Court compels Court of Appeal to extend Wende procedures to judgments terminating parental rights.
  • Order failing to terminate parental rights is appealable.
  • Habeas corpus not available to parent seeking belated relief in custody proceedings.