CA · rules
Cal. Rules of Court, rule 8.403
Right to appointment of appellate counsel and prerequisites for appeal
(a) Welfare and Institutions Code section 601or 602 proceedings
In appeals of proceedings under Welfare and Institutions Code section 601 or 602, the child is entitled to court-appointed counsel.
(b) Welfare and Institutions Code section 300 proceedings
(1) Any judgment, order, or decree setting a hearing under Welfare and Institutions Code section 366.26 may be reviewed on appeal following the order at the Welfare and Institutions Code section 366.26 hearing only if:
(A) The procedures in rules 8.450 and 8.452 regarding writ petitions in these cases have been followed; and
(B) The petition for an extraordinary writ was summarily denied or otherwise not decided on the merits.
(2) The reviewing court may appoint counsel to represent an indigent child, parent, or guardian.
(3) Rule 5.661 governs the responsibilities of trial counsel in Welfare and Institutions Code section 300 proceedings with regard to appellate representation of the child.
History
(Subd (a) amended effective January 1, 2013.) Rule 8.403 amended effective January 1, 2013; adopted effective July 1, 2010. Advisory Committee Comment 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)(1). 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.
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
1129c13a30bdcada3170cec765c48ce144f46277a312615141832f80babba754
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.