CHILDREN AND THE LAW
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Non-Dependency Term. of Parental Rights
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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.