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2014 California Rules of Court

Rule 5.590. Advisement of right to review in Welfare and Institutions Code section 300, 601, or 602 cases

(a) Advisement of right to appeal

If at a contested hearing on an issue of fact or law the court finds that the child is described by Welfare and Institutions Code section 300, 601, or 602 or sustains a supplemental or subsequent petition, the court after making its disposition order other than orders covered in (b) must advise, orally or in writing, the child, if of sufficient age, and, if present, the parent or guardian of:

(1)The right of the child, parent, and guardian to appeal from the court order if there is a right to appeal;

(2)The necessary steps and time for taking an appeal;

(3)The right of an indigent appellant to have counsel appointed by the reviewing court; and

(4)The right of an indigent appellant to be provided with a free copy of the transcript.

(Subd (a) amended and relettered effective July 1, 2010; adopted as subd (d) effective January 1, 1990; previously amended effective January 1, 2007.)

(b) Advisement of requirement for writ petition to preserve appellate rights when court orders hearing under section 366.26

When the court orders a hearing under Welfare and Institutions Code section 366.26, the court must advise all parties and, if present, the child's parent, guardian, or adult relative, that if the party wishes to preserve any right to review on appeal of the order setting the hearing under Welfare and Institutions Code section 366.26, the party is required to seek an extraordinary writ by filing a Notice of Intent to File Writ Petition and Request for Record (California Rules of Court, Rule 8.450) (form JV-820) or other notice of intent to file a writ petition and request for record and a Petition for Extraordinary Writ (California Rules of Court, Rules 8.452, 8.456) (form JV-825) or other petition for extraordinary writ.

(1)The advisement must be given orally to those present when the court orders the hearing under Welfare and Institutions Code section 366.26.

(2)Within one day after the court orders the hearing under Welfare and Institutions Code section 366.26, the advisement must be sent by first-class mail by the clerk of the court to the last known address of any party who is not present when the court orders the hearing under Welfare and Institutions Code section 366.26.

(3)The advisement must include the time for filing a notice of intent to file a writ petition.

(4)Copies of Petition for Extraordinary Writ (California Rules of Court, Rules 8.452, 8.456) (form JV-825) and Notice of Intent to File Writ Petition and Request for Record (California Rules of Court, Rule 8.450) (form JV-820) must be available in the courtroom and must accompany all mailed notices informing the parties of their rights.

(Subd (b) amended effective July 1, 2010; adopted as subd (e) effective January 1, 1995; previously amended effective January 1, 2007.)

Rule 5.590 amended and renumbered effective July 1, 2010; adopted as rule 1435 effective January 1, 1990; previously amended effective January 1, 1992, January 1, 1993, January 1, 1994, January 1, 1995, and July 1, 1999; previously amended and renumbered as rule 5.585 effective January 1, 2007.

Advisory Committee Comment

Subdivision (a). 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). 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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