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Name: In re A.R.
Case #: S260928
Court: CA Supreme Court
District CalSup
Opinion Date: 04/05/2021

When an attorney fails to file a timely appeal in accordance with a client's instruction in a parental rights termination case, relief may be sought based on the attorney's failure to provide competent representation. Mother asked her court-appointed counsel to appeal the court's order terminating her parental rights. The attorney did not file the notice of appeal until four days after the 60-day filing deadline had passed. Mother timely filed her opening brief and requested relief from default. The Court of Appeal denied the application and dismissed mother's appeal for lack of jurisdiction. Mother then filed a petition for writ…

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Name: In re J.A. et al.
Case #: E072398
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 12/06/2019

Mother's appeal properly dismissed where it was filed sixteen months after the minors were removed from her and the case exited to family court. Following a dependency proceeding in 2017, the juvenile court sustained a petition, removed the minor twins from mother, and granted the formerly noncustodial father sole legal and physical custody. The court granted mother supervised visitation and phone calls. The court then dismissed dependency jurisdiction, and exited the matter to family court. At no point in the hearing did the court advise mother that she had the right to appeal the orders. …

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Name: In re Cody R.
Case #: D073527
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/17/2018

Parent had no standing to challenge the social worker's actions under the relative placement statutes where there was no showing that she could have reunified. The child was removed from parental custody after he was found severely malnourished to the point of starvation. The juvenile court sustained a dependency petition and bypassed reunification services based on a finding of severe physical abuse. It set a hearing under section 366.26. The court did not advise the parents that they could challenge this order only by way of a writ petition, but mother filed a notice of intent to file such a…

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Name: In re M.P.
Case #: H038640
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 06/21/2013

Appointment of GAL was necessary where mother suffered from delusions. Dependency proceedings were initiated due to mother's severe mental health problems, including delusions that mother and daughter were being raped nightly. Counsel informed the court that it was necessary to appoint a Guardian Ad Litem (GAL) for mother, and that mother did not want a GAL, but did want a Marsden hearing. The court appointed a GAL and did not hold a Marsden hearing. On appeal, mother challenged both the appointment of the GAL and the court's failure to hold a Marsden hearing. The appellate court rejected the arguments and…

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