Writ versus Appeal

Name: In re Cody R.
Case #: D073527
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/17/2018
  • Categories: 361.5(b) Bypass Reunification, 366.26 termination hrg., 388 Modification Petn., Appealable Orders, Dependency (300), Duties/Competence of Counsel, Placement Issues, Procedural Issues, Standing, Writ versus Appeal

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…

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Name: In re Hannah D.
Case #: F074143
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 03/10/2017
  • Categories: Dependency (300), Procedural Issues, Writ versus Appeal

Father's failure to challenge order terminating reunification services by way of writ precluded his review of the order on appeal from the subsequent 366.26 hearing, despite court's failure to orally advise him of writ requirement. At a status review hearing…

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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
  • Categories: Dependency (300), Procedural Issues, Writ versus Appeal

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…

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Name: In re A.O.
Case #: E062111
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 11/12/2015
  • Categories: Dependency (300), Rights of Parents, Writ versus Appeal

Where trial court did not advise mother of her right to appeal following the disposition hearing, appellate court reached merits of mother's arguments despite untimely appeal. Mother appealed the jurisdictional and dispositional findings concerning the minor, arguing that there 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
  • Categories: Dependency (300), Procedural Issues, Reunification services, Writ versus Appeal

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…

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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
  • Categories: Appealable Orders, Dependency (300), Procedural Issues, Writ versus Appeal

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…

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Name: Jennifer T. v. Superior Court
Case #: B197412
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 01/24/2008
  • Categories: Dependency (300), Writ versus Appeal

Proper remedy for trial court's failure to advise mother of writ requirements was to deem her purported appeal to be a petition for writ of mandate. Disagreeing with In re Merrick V., the court held that the failure to advise…

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Name: In re Paul W.
Case #: H029866
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 05/23/2007
  • Categories: Dependency (300), Misc, Rights of Parents, Writ versus Appeal

Mother was not a party to the habeas proceeding initiated by father to determine whether he received ineffective assistance of counsel. The juvenile court issued an order to show cause on father's petition for writ of habeas corpus, which claimed…

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Name: In re Brandy R.
Case #: G037792
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 04/12/2007
  • Categories: 366.26 termination hrg., Dependency (300), Writ versus Appeal

Trial court proceedings are not stayed pending the issuance of a remittitur from a prior writ proceeding. Mother argued in an appeal from the termination of her parental rights that the juvenile court was without jurisdiction to begin the 366.26…

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Name: In re Tabitha W.
Case #: E039935
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 11/03/2006
  • Categories: Dependency (300), Jurisdictional Hearings, Writ versus Appeal

Mother appealed from the order denying her reunification services and the order denying her visitation. Father appealed from the order taking jurisdiction and removing the minors, as well as the same orders as mother. Both parents also filed 39.1b writs.…

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