Skip to content
Name: In re Ryan R.
Case #: A107177
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 09/20/2004
Subsequent History: 12/15/04 revw. den.

Mother did not appear at the 366.26 hearing, and the notice of her right to appeal was sent to the wrong address. On the sixtieth day following the hearing, she notified counsel that she wished to file a notice of appeal, which counsel did on the following day, one day after the sixty day limit. The appellate court dismissed the appeal. Through the mailed notice to mother and the oral advisement to counsel (that her appointment would be relieved following protection of appellate rights), the juvenile court fulfilled whatever constitutional duty it had to inform mother of her appellate rights. The only statutory duty is to advise a parent who is present of his right to appeal. Further, mother clearly knew about her right to appeal, as she notified counsel and requested an appeal, albeit on the sixtieth day. Also, there was no exception to the sixty-day rule because the court did not file its order terminating parental rights on Judicial Council form JV-320. The court’s order was issued when it was orally pronounced.