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2014 California Rules of Court

Rule 8.403. Right to appointment of appellate counsel and prerequisites for appeal

(a) Welfare and Institutions Code section 601or 602 proceedings

In appeals of proceedings under Welfare and Institutions Code section 601 or 602, the child is entitled to court-appointed counsel.

(Subd (a) amended effective January 1, 2013.)

(b) Welfare and Institutions Code section 300 proceedings

(1)Any judgment, order, or decree setting a hearing under Welfare and Institutions Code section 366.26 may be reviewed on appeal following the order at the Welfare and Institutions Code section 366.26 hearing only if:

(A)The procedures in rules 8.450 and 8.452 regarding writ petitions in these cases have been followed; and

(B)The petition for an extraordinary writ was summarily denied or otherwise not decided on the merits.

(2)The reviewing court may appoint counsel to represent an indigent child, parent, or guardian.

(3)Rule 5.661 governs the responsibilities of trial counsel in Welfare and Institutions Code section 300 proceedings with regard to appellate representation of the child.

Rule 8.403 amended effective January 1, 2013; adopted effective July 1, 2010.

Advisory Committee Comment

The right to appeal in Welfare and Institutions Code section 601 or 602 (juvenile delinquency) cases is established by Welfare and Institutions Code section 800 and case law (see, for example, In re Michael S. (2007) 147 Cal.App.4th 1443, In re Jeffrey M. (2006) 141 Cal.App.4th 1017 and In re Sean R. (1989) 214 Cal.App.3d 662). The right to appeal in Welfare and Institutions Code section 300 (juvenile dependency) cases is established by Welfare and Institutions Code section 395 and case law (see, for example, In re Aaron R. (2005) 130 Cal.App.4th 697, and In re Merrick V. (2004) 122 Cal.App.4th 235).

Subdivision (b)(1). Welfare and Institutions Code section 366.26(l) establishes important limitations on appeals of judgments, orders, or decrees setting a hearing under section 366.26, including requirements for the filing of a petition for an extraordinary writ and limitations on the issues that can be raised on appeal.

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