California Supreme Court Watch

Mar 08, 2021
#21-105 In re B.K., S266192.

#21-105 In re B.K., S266192. (B307799; nonpublished opinion; Los Angeles County Superior Court; 20CCJP01221, 20CCJP01221A, 20CCJP01221B.) Petition for review after the Court of Appeal dismissed an appeal from orders in a juvenile dependency proceeding.

Review granted: 03/10/2021

The court ordered briefing in the above two cases deferred pending decision in In re A.R., S260928 (#20-120), which presents the following issues: (1) Does a parent in a juvenile dependency case have the right to challenge her counsel’s failure to file a timely notice of appeal from an order terminating her parental rights under Welfare and Institutions Code section 366.26? (See Welf. & Inst. Code, § 317.5, subd. (a); In re Kristin H. (1996) 46 Cal.App.4th 1635 [ineffective assistance of counsel claim in dependency proceeding brought on a petition for writ of habeas corpus].) (2) If so, what are the proper procedures for raising such a claim?