CHILDREN AND THE LAW
...Dependency Petitions
......Appellate Review
.........Waiver/Forfeiture
8 Cards On This Topic:
  • F's counsel's objections were insufficient to preserve issues for review—courts "have long passed the days when formulaic incantations were part of the judicial process."
  • Although mother showed HHSA noncompliance with W&IC 361.2 re out-of-county-placement notice, mother waived issue by not objecting below, and any error harmless.
  • Mother forfeited her claim that trial court erred in fashioning sibling visitation orders by not objecting to the visitation schedule earlier.
  • Mother not precluded from challenging adoptability finding by failing to appeal from earlier order where issue considered was whether Cs had "a probability" of adoption, not that they were "likely" to be adopted.
  • Having made no objection below to additional errors in ICWA notice, mother forfeited her right to appeal reinstated orders terminating her parental rights.
  • Mother's appeal of termination of her parental rights was timely filed within the 20-day extension from father's filing where he filed within requisite 60 days of judgment; no waiver or forfeiture.
  • Mother's assertion of violation of due process right forfeited/waived by her failure to raise below.
  • Parents forfeited second appellate review on issue of noncompliance with ICWA notice reqs where they failed to make notice objection at hearing on remand.