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Name: In re Madison W.
Case #: F049851
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 08/10/2006

Mother’s 388 petition was denied, and three days later her parental rights were terminated. In her notice of appeal, she stated that she was appealing from the order terminating parental rights on January 13, 2006. The notice of appeal did not mention the January 10 order denying the 388 petition. Mother’s opening brief on appeal challenged the denial of the 388 petition. Respondent filed a brief disputing the court’s jurisdiction to address the 388 petition, as it was not included in the notice of appeal. Appellate counsel thereafter moved to amend the notice of appeal to include the 388 petition. The court addressed the 388 petition, while not condoning the practice of only citing the termination order in the notice of appeal. The court held that it would henceforth liberally construe a parent’s notice of appeal from an order terminating parental rights to encompass the denial of a parent’s section 388 petition provided the trial court issued its denial during the 60-day period prior to filing the parent’s notice of appeal.