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Name: In re Albert A.
Case #: E063869
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 01/14/2009

Failure to provide timely writ notice to mother was good cause to consider her claims in appeal from parental rights termination. Minors were dependents of the court and placed with their grandmother. Mother did not attend the six-month review hearing where services to her were terminated and a permanency planning hearing was set. Subsequently, the court terminated mother's parental rights. On appeal, mother argued that although she did not challenge the order setting the permanency planning hearing by filing an extraordinary writ, there was good cause to consider her claim of error on appeal from the order terminating parental…

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Name: In re K.M.
Case #: G051656
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 11/20/2015

Juvenile court did not have jurisdiction to make subsequent ICWA orders following termination of parental rights while appeal was pending. Parents appealed from the order terminating their parental rights to the minor. The only issue raised on appeal was the Department's failure to inquire concerning the minor's Indian heritage as required by ICWA. The Department conceded that it failed to comply with ICWA. However, instead of stipulating to a limited reversal, the Department asked the court to consider evidence of a subsequent hearing in the juvenile court concerning its remedial efforts at notification. The Department contended that the appeal was…

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Name: In re A.C.
Case #: D066943
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 08/17/2015

Father forfeited right to raise issues from termination of services at 12-month review hearing for failure to pursue a writ. After father filed his notice of intent to file a writ petition following the termination of his services at the 12-month review hearing, his appointed attorney reviewed the case and found no meritorious issue. She notified the court that no writ petition would be filed, and the notice of intent to file a petition was dismissed. In his appeal from the subsequent termination of his parental rights, father contended that the court should treat the appeal as a writ…

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Name: In re A.L.
Case #: B242179
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 03/03/2014

The juvenile court's blanket order allowing press access to dependency proceedings was invalid because it conflicts with Welfare and Institutions Code section 346 which allows courts discretion to determine access on a case-by-case basis. The presiding judge of the juvenile court in Los Angeles issued a blanket order allowing the press access to dependency proceedings unless it was shown that there was a reasonable likelihood that it would result in harm to the minor. The order further provided that no one would be denied access to a courtroom until an objection had been made and the objecting party had demonstrated…

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Name: In re X.Z.
Case #: B247449
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 12/04/2013

If sufficient advisement of the right to writ review is otherwise provided, failure to include relevant time deadlines is not error. When mother was incarcerated, her two-month old child, X.Z., was detained. At the six-month status review hearing, her reunification services were terminated and a section 366.26 hearing was set. The court advised the parties of their right to seek writ review but did not inform them of relevant deadlines. Mother did not seek writ review. She appealed the termination of parental rights, challenging the findings and orders made at the six-month status review hearing. The appellate court affirmed, finding…

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Name: In re Ryan K.
Case #: B235259
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 06/29/2012

The juvenile court may consider issues beyond those giving rise to reversal where new developments affecting the minor's interest arise during the appeal. In a prior appeal from a dependency order granting father custody and ordering visitation for mother, the court reversed the visitation order only, finding that the trial court erred in giving father discretion over visits. After the remittitur issued, mother filed a 388 petition, presenting new evidence that the minor was neglected in father's custody. The social worker's report substantiated the evidence in mother's petition. The juvenile court denied the petition, noting that it only…

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Name: In re M.C.
Case #: A129528
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 09/29/2011

The juvenile court has the authority to review an Agency's decision declining to file a dependency petition, and that authority does not violate the separation of powers doctrine. The minor ran away from his home in Guatemala when he was 16 years old, and was found homeless in San Francisco. The Department of Human Services investigated, and declined to file a petition. Legal Services for Children served as counsel to the minor and challenged the Department's decision not to initiate dependency proceedings by filing an application pursuant to Welfare and Institutions Code section 331 seeking court review. The juvenile…

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