CHILDREN AND THE LAW
...Dependency Petitions
......Selection & Implement. Hrg.
.........Appellate Review
............Appellate Review: Setting Hearing
 11 Cards On This Topic:
  • Order setting S&I hearing not appealable unless writ filed in timely manner
  • Mother cannot appeal order denying W&IC 388 petition made in conjunction with order setting permanency hearing as setting order nonappealable and she failed to comply with statute.
  • Mother's claims re termination of rights waived where no appeal from orders prior to termination order nor petition for writ review; ineffective assistance claim cannot avoid waiver rule.
  • Welf. & Inst. Code §366.26 (l) bars direct appeal from order setting section 366.26 hearing.
  • Court would not exercise discretion summarily to dismiss petition under Cheryl S. where, given unusual facts, refusal to entertain petition on merits would risk grave injustice.
  • Appeal from order at 18-month review hearing setting W&IC 366.26 hearing only available if petition for extraordinary writ filed and summarily denied or otherwise not decided on merits.
  • Mother must show actual written consent to taking of writ petition. Burden is on ••parent•• in dependency case to pursue appellate rights, not on attorney.
  • F waived right to challenge adequacy of adoption assessment on appeal by failing to object in trial court.
  • Meaningful compliance with (former) CRC 39.1B is mandatory; vague claims of reversible error unsupported by specific factual averments will result in dismissal of such petitions.
  • Mother’s failure to file writ petition challenging setting of permanency planning hearing in time limits set by (former) rule 39.1B requires dismissal.
  • Cases discussing appellate review of hearing setting orders.


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