CHILDREN AND THE LAW
...Dependency Petitions
......Appellate Review
.........What is Appealable
 15 Cards On This Topic:
  • Order setting S&I hearing not appealable unless writ filed in timely manner
  • W&IC 366.26 (c)(3) adoptability orders are appealable under W&IC 395.
  • Court of Appeal had jurisdiction where it construed order for informal supervision under W&IC 360 (b) as a disposition order—a final judgment and thus an appealable order.
  • Trial court's order for parentage in a local agency action for child support is a final, appealable, determination; memo of decision appealable judicial determination when signed and filed.
  • Liberal construction of parent's notice of appeal from order terminating parental rights includes denial of W&IC 388 petition, provided denial issued during 60-day period prior to parent's filing notice of appeal.
  • In accordance with Shirley K., juvenile court's ruling denying W&IC 388 petitions was appealable under W&IC 395; W&IC 366.28 inapplicable.
  • Findings and orders under W&IC 388, including W&IC 388 petitions filed after termination of parental rights, are appealable under W&IC 395—writ procedures under W&IC 366.28 do not apply.
  • Issues of law not forfeited on appeal.
  • Father not entitled to petition for writ relief where he had also appealed and could not show there was no adequate remedy at law-fundamental rule re writ relief not suspended in dependency cases.
  • Court of Appeal may not treat F's appellate briefing as application for writ of habeas corpus.
  • Where "no satisfactory explanation" for atty's failure to file Welf. & Inst. Code §388 petition, ineffective assistance claim properly raised by appeal rather than writ of habeas corpus.
  • Party need not file writ petition challenging setting of Welf. & Inst. Code §366.26 hearing in order to preserve right to appeal from matters occurring during 366.26 hearing.
  • Probate court’s finding that reunification in M’s interest was unseverable part of appealable guardianship appointment order, going directly to issue of custody decided by order.
  • Order granting petition under W&IC 827 is appealable as final judgment in special proceeding even absent decision as to which records to be released.
  • Cases discussing orders which are appealable.


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