Rule 5.661.Representation of the child on appeal
Division 3. Juvenile Rules · Chapter 11. Advocates for Parties · Last amended 2015 · Last verified September 10, 2026
Full Text of Rule 5.661
Plain-English Summary
Where the child is the one seeking appellate relief, the notice of appeal is filed by the child’s trial counsel, the guardian ad litem, or the child.
The harder question is what happens when somebody else appeals. If the child’s trial counsel or guardian ad litem concludes that the child’s best interests cannot be protected on appeal without separate counsel, they must file a recommendation in the Court of Appeal asking for an appointment. It may be filed any time after the notice of appeal, but absent good cause no later than 20 calendar days after the last appellant’s opening brief. A copy goes to the district appellate project and the trial court.
The rule lists eight factors. An actual or potential conflict with a respondent’s interests. The child had no attorney serving as guardian ad litem below. The child is old or developed enough to understand the proceedings and either wants to take part in the appeal or holds a position different from trial counsel’s. The child took a position adverse to a sibling below and the briefs raise the issue. The appeal turns on parentage, inheritance rights, educational rights, evidentiary privileges, consent to treatment, or tribal membership. Postjudgment evidence has undermined the judgment entirely and every party is willing to stipulate to reversal. Trial counsel, having read the briefs, thinks the respondents’ arguments do not adequately protect the child’s interests. And any other factor relevant to those interests.
The recommendation may use form JV-810, and whatever form it takes it must state a factual basis, include the information the form calls for, and be signed under penalty of perjury.
Advisory Committee Comment
The following comment is published by the Judicial Council of California alongside the rule itself — not commentary from this site.
Generally, separate counsel for a nonappealing child will not be appointed for the purpose of introducing postjudgment evidence. See California Code Civ. Proc., § 909; In re Zeth S. (2003) 31 Cal.4th 396; In re Josiah Z. (2005) 36 Cal.4th 664. For further discussion, see In re Mary C. (1995) 41 Cal.App.4th 71.
Frequently Asked Questions
Who files a notice of appeal for the child?
The child’s trial counsel, the guardian ad litem, or the child, where the child is seeking appellate relief from the trial court’s judgment or order.
When should separate appellate counsel be recommended?
Where another party has appealed and the child’s trial counsel or guardian ad litem concludes the child’s best interests cannot be protected on appeal without separate counsel. The recommendation is filed in the Court of Appeal.
Is there a deadline?
The recommendation may be filed any time after a notice of appeal, but absent good cause must be filed no later than 20 calendar days after the last appellant’s opening brief.
What must the recommendation contain?
A factual basis for the recommendation and the information called for by form JV-810, signed under penalty of perjury. A copy is served on the district appellate project and the trial court.
Amendment History
Rule 5.661 amended effective January 1, 2015; adopted effective July 1, 2007.
(Subd (e) amended effective January 1, 2015.)