The superior court must receive the notice of appeal within 60 days of the court’s order. If you wish to contest a detention order (initial order removing the child) or jurisdictional order (trial), you must file the notice of appeal within 60 days after the dispositional hearing (the day the court decides whether to order reunification services). A failure to file a notice of appeal within 60 days of the dispositional hearing or any subsequent hearing normally prevents any review of the juvenile court’s orders.
If you wish to appeal a ruling on a petition for modification (called a section 388 petition), you must specify that you are appealing the order on the 388 petition as well as the court's order at the review hearing, dispositional hearing, or hearing on whether to place the child for adoption (called a section 366.26 hearing). The notice of appeal must be filed within 60 days of the ruling on the 388 petition. If the review hearing, dispositional hearing, or section 366.26 hearing is completed more than 60 days after the ruling on the 388 petition, you must file two timely notices of appeal.
Generally, orders setting or continuing a hearing and orders concerning discovery are not appealable. You must wait for the court to make its decision on the 388 petition, review hearing, dispositional hearing, or section 366.26 hearing. Some orders after the dispositional hearing concerning the placement of the children or visitation are appealable.
One cannot appeal an order from a dispositional hearing or review hearing when the court sets the matter for a section 366.26 hearing. Instead, a parent (or minor if the minor seeks appellate review) must sign and file a notice of intent to file a petition for extraordinary writ under rules 8.452 and 8.456. The juvenile court normally gives the form to the parents when it sets a section 366.26 hearing. The notice of intent to file a writ petition must be received by the juvenile court within 7 days after the order setting the section 366.26 hearing. The parent has an additional 5 days if the form is mailed to the parent because the parent was not present at the hearing when the court set the section 366.26 hearing. A couple of weeks after the notice is filed, a record will be sent to the parent or the juvenile court attorney. The actual petition (a form attached to a brief with legal arguments) must be filed in the court of appeal within 10 from the day the record is deemed "filed."
If you wish to file a notice of appeal, use this form. If the appellant directs the attorney to file a notice of appeal, he or she normally does so. If the appellant is a parent, the parent should sign the notice of appeal.
The superior court is the juvenile court. The “appellant” is the party filing the notice of appeal. The appellant’s (or if the notice is prepared by the attorney, the attorney’s) name and address belong in the top left hand corner.
Below the top box, write in the county of the court and the juvenile court’s address.
Below the box, put the name or names of the minors where it says “CASE NAME:”
Write the case numbers in the box for CASE NUMBERS. Usually, there is a separate case number for each minor. The appeal is valid only as to the minors and case numbers listed in the notice of appeal.
In item 1, give the date of the court order the appeal is from and the order that it is being challenged. You must list all dates and orders you wish to appeal from.
In item 2, write in (a) the appellant’s name, (b) address, and (c) telephone number; also (d) indicate the name, address, and telephone number of any person the court or appellate counsel should contact. Be sure to keep the appellate court and your attorney informed of your whereabouts.
Print the date and your name and sign your name at the arrow ( ▶ ). If the appellant is a parent, the parent should sign the notice of appeal.
In item 3, indicate if items 4 through 6 on page two were completed. Items 4 through 6 need not be completed, but it is usually helpful if they are.
On page two, in the boxes on the top, write the minors' names and the case numbers.
In item 4, indicate the appellant’s relationship to the minors.
In item 5, list the names of all minors who are subject to the appeal and their dates of birth.
In item 6, the order appealed from is either:
a. A declaration of dependency, which is when the court finds the petition filed by Child Protective Services is true and the minors should be protected by the juvenile court. Give the dates of the juvenile court hearings from which you wish to appeal.
b. A decision from a section 366.26 hearing to terminate parental rights, appoint a guardian or place the child in long-term foster care Give the date of the juvenile court hearing from which you wish to appeal.
c. An order concerning placement after parental rights have been terminated under section 366.28.
d. Another appealable order by the dependency court, such as a petition for modification under section 388. Give the dates of the juvenile court hearings from which you wish to appeal.
g. If you wish to an attorney on appeal but cannot afford one, indicate that you are indigent and request the appointment of counsel. The minor and an indigent parent who appeals have the right to appointed counsel; otherwise, it is discretionary.
For respondent minors who need appointment of counsel on appeal, submit this form to the court of appeal.