CHILDREN AND THE LAW
...Dependency Petitions
......Appellate Review
.........Wende Independent Review
............Wende Review Not Required
8 Cards On This Topic:
  • If appointed counsel finds no arguable basis for challenging termination of parental rights, Court of Appeal need not permit parent to personally file a brief unless s/he can establish good cause by showing an arguable issue exists.
  • Anders/Wende doesn’t apply, and not extended, to indigent parent’s appeal from judgment/order obtained by State adversely affecting his/her custody or status as parent.
  • Dismissal proper where appeal of termination of parental rights made no assertions of error; Sade C. did not leave "door open" for discretionary Wende review in dependency appeals.
  • Appealable dependency dispositional orders do not warrant constitutionally protected procedures of Anders as applied per Wende.
  • Neither U.S. Constitution nor Cal. S. Ct. compels Court of Appeal to extend Wende procedures to judgments terminating parental rights.
  • No independent review required where appellate brief raises no issues; Wende principles inapplicable in dependency cases.
  • On FC 7822 appeal, Court need not conduct Wende review; Supreme Court urged to extend review to FC rights terminations.
  • Petitioner’s writ challenging setting of W&IC 366.26 hearing not entitled to independent Wende review.