CHILDREN AND THE LAW
...Dependency Petitions
......Dispositional Hearing
.........Reunification & Visitation
............Appellate Review of Orders/Writs
 14 Cards On This Topic:
  • Orders after periodic review hearings are appealable orders.
  • Mother has no DP or other right to relitigate issue of reunification services, after home visit with C who was placed with father, absent showing of new evidence or changed circumstances.
  • Parents waived issue of adequacy of reunification plan by not appealing from dispositional and subsequent orders.
  • Dismissal of dependency at dispositional hearing does not render case moot so as to prevent review of findings on which custody and visitation orders based.
  • Mother may challenge adequacy and termination of reunification services on appeal from (final) judgment terminating parental rights.
  • One may appeal from adjudication of dependency at dispositional hearing, not from jurisdictional finding that M is person described by W&IC 300.
  • Jurisdictional finding may be reviewed in appeal from dispositional order; dependent on filing timely notice of appeal.
  • Findings from W&I 366.21 hearing, incorporated in judgment and basis for termination following §366.26 hearing are res judicata and may not be raised on appeal where no extraordinary writ filed.
  • Order to terminate reunification and set Welf. & Inst. Code §366.26 hearing subject to writ review, not appeal.
  • Challenge to sufficiency of reunification efforts is cognizable on appeal.
  • De facto parent entitled to appeal dispositional decision of juvenile court.
  • Appeal filed prior to W&I 366.26 hearing may not be deemed a premature appeal where no preliminary decision was made, before filing, which would be merely finalized at hearing.
  • Appeal not treated as extraordinary writ unless filed prior to §366.26 hearing and court notified of request for writ treatment early enough to permit stay or adjudication before the §366.26 hearing.
  • Constructive filing not extended to non-incarcerated mother, who moved for relief from dismissal in separate appeal and deliberately chose not to file timely appeal.


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