(a) Advisement of right to appeal
If at a contested hearing on an issue of fact or law the court finds that the child is described by Welfare and Institutions Code section 300, 601, or 602 or sustains a supplemental or subsequent petition, the court after making its disposition order other than orders covered in (b) must advise, orally or in writing, the child, if of sufficient age, and the parent or guardian of:
(1) The right of the child, parent, and guardian to appeal from the court order if there is a right to appeal;
(2) The necessary steps and time for taking an appeal;
(3) The right of an indigent appellant to have counsel appointed by the reviewing court; and
(4) The right of an indigent appellant to be provided with a free copy of the transcript.
If the parent or guardian is not present at the hearing, the advisement must be made by the clerk of the court by first-class mail to the last known address of the party or by electronic service in accordance with section 212.5.
(Subd (a) amended effective January 1, 2020; adopted as subd (d) effective January 1, 1990; previously amended effective January 1, 2007; previously amended and relettered as subd (a) effective July 1, 2010.)
(b) Advisement of requirement for writ petition to preserve appellate rights when court orders hearing under section 366.26
When the court orders a hearing under section 366.26, the court must advise all parties and, if present, the child's parent, guardian, or adult relative, that if the party wishes to preserve any right to review on appeal of the order setting the hearing under section 366.26, the party is required to seek an extraordinary writ by filing a Notice of Intent to File Writ Petition and Request for Record (California Rules of Court, Rule 8.450) (form JV-820) or other notice of intent to file a writ petition and request for record and a Petition for Extraordinary Writ (California Rules of Court, Rules 8.452, 8.456) (form JV-825) or other petition for extraordinary writ.
(1) The advisement must be given orally to those present when the court orders the hearing under section 366.26.
(2) If a party is not present when the court orders a hearing under section 366.26, within 24 hours of the hearing, the advisement must be made by the clerk of the court by first-class mail to the last known address of the party or by electronic service in accordance with section 212.5. If the notice is for a hearing at which the social worker will recommend the termination of parental rights, the notice may be electronically served in accordance with section 212.5, but only in addition to service of the notice by first-class mail.
(3) The advisement must include the time for filing a notice of intent to file a writ petition.
(4) Copies of Petition for Extraordinary Writ (California Rules of Court, Rules 8.452, 8.456) (form JV-825) and Notice of Intent to File Writ Petition and Request for Record (California Rules of Court, Rule 8.450) (form JV-820) must be available in the courtroom and must accompany all mailed and electronically served notices informing the parties of their rights.
(Subd (b) amended effective July 1, 2019; adopted as subd (e) effective January 1, 1995; previously amended effective January 1, 2007, and July 1, 2010.)
(c) Advisement requirements for appeal of order to transfer to tribal court
When the court grants a petition transferring a case to tribal court under Welfare and Institutions Code section 305.5, Family Code section 177(a), or Probate Code section 1459.5(b), and rule 5.483, the court must advise the parties orally and in writing, that an appeal of the order must be filed before the transfer to tribal jurisdiction is finalized, and that failure to request and obtain a stay of the order for transfer will result in a loss of appellate jurisdiction.
(Subd (c) adopted effective January 1, 2016.)
Rule 5.590 amended effective January 1, 2020; adopted as rule 1435 effective January 1, 1990; previously amended effective January 1, 1992, January 1, 1993, January 1, 1994, January 1, 1995, July 1, 1999, January 1, 2016, and January 1, 2019; previously amended and renumbered as rule 5.585 effective January 1, 2007; previously amended and renumbered as rule 5.590 effective July 1, 2010.
Advisory Committee Comment
Subdivision (a). The right to appeal in Welfare and Institutions Code section 601 or 602 (juvenile delinquency) cases is established by Welfare and Institutions Code section 800 and case law (see, for example, In re Michael S. (2007) 147 Cal.App.4th 1443, In re Jeffrey M. (2006) 141 Cal.App.4th 1017, and In re Sean R. (1989) 214 Cal.App.3d 662). The right to appeal in Welfare and Institutions Code section 300 (juvenile dependency) cases is established by Welfare and Institutions Code section 395 and case law (see, for example, In re Aaron R. (2005) 130 Cal.App.4th 697, and In re Merrick V. (2004) 122 Cal.App.4th 235).
Subdivision (b). Welfare and Institutions Code section 366.26(l) establishes important limitations on appeals of judgments, orders, or decrees setting a hearing under section 366.26, including requirements for the filing of a petition for an extraordinary writ and limitations on the issues that can be raised on appeal.