Rule 5.590.Advisement of right to review in section 300, 601, or 602 cases

After a contested hearing where the court finds the child described by the juvenile statutes or sustains a supplemental or subsequent petition, the court must advise the child (if of sufficient age) and the parent or guardian of four things: the right to appeal if one exists, the necessary steps and time for taking an appeal, an indigent appellant’s right to appointed counsel in the reviewing court, and the right to a free transcript. Where the parent is not present, the clerk gives the advisement by first-class mail to the last known address or by electronic service.

The second subdivision addresses the trap that catches parents most often. When the court sets a section 366.26 hearing, it must advise all parties that preserving any right to review of that setting order on appeal requires seeking an extraordinary writ — filing a notice of intent and a petition. The advisement is given orally to those present; anyone absent must be advised by the clerk within 24 hours by mail or electronic service. Where the notice concerns a hearing at which termination of parental rights will be recommended, electronic service may only be in addition to first-class mail.

Two details make the warning usable: the advisement must include the time for filing the notice of intent, and copies of both forms must be available in the courtroom and must accompany every mailed and electronically served notice.

A third advisement applies to a transfer to tribal court: an appeal must be filed before the transfer is finalized, and failing to obtain a stay will cost appellate jurisdiction.