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dependency client samples

 

Introduction Letter to Client Sample (Dependency)

Updated: 06/08/10

Suggested introductory paragraphs for a new dependency client

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General Information Sheet on Understanding a Dependency Appeal

Updated: 06/08/10

An enclosure sheet that introduces the appellant to the dependency appeal process in general terms

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General Information Sheet on Standard of Proof (Dependency)

Updated: 06/08/10

An enclosure sheet that introduces the appellant to the differences in proceedings between criminal and dependency matterss

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General Information Sheet on Standard of Review (Dependency)

Updated: 06/08/10

An enclosure sheet that introduces the appellant to three standards of review in dependency cases

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Phoenix H. Client Advisory Letter (English-only version)

Updated: 06/08/10

Suggested explanation letter for a Phoenix H. filing; counsel is advised to customize this letter to address the client's specific concerns in the appeal

Download Phoenix H. Client Advisory Letter (English) (Word doc)
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Download Phoenix H. Client Advisory Letter (English) (PDF)


New! -- Phoenix H. Client Advisory Letter (Spanish-English version)

Updated: 07/13/11

Suggested generic-explanation letter for a Spanish-speaking client and a Phoenix H. filing; unless fluent, counsel is advised to NOT customize this letter and leave as is. To address a client's specific concerns in the appeal, a separate translated letter or memo must be added to this generic advisory letter.

Download Phoenix H. Client Advisory Letter (Spanish-English) (Word doc)
Download Phoenix H. Client Advisory Letter (Spanish-English) (PDF)


Third District: Counsel's Phoenix H. AOB

Updated: 06/08/10

Model minimum-language format for a formal brief; use in the Third District only

Download Third District: Counsel's Phoenix H. AOB (Word doc)
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New! -- Fifth District: Counsel's Phoenix H. Letter Brief (WI 300/366.26 case)

Updated: 07/13/11

Model minimum-language format for a letter brief; use in the Fifth District only

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New! -- Fifth District: Counsel's Phoenix H. Letter Brief (Family Law case)

Updated: 07/13/11

Model minimum-language format for a letter brief; use in the Fifth District only

Download Fifth District: Counsel's Phoenix H. Letter Brief (Family Law) (Word doc)
Download Fifth District: Counsel's Phoenix H. Letter Brief (Family Law) (PDF)


Third District: In Pro Per Motion For Leave to File Supplemental Phoenix H. Brief (Dependency)

Updated: 06/08/10

Model format for appellant's in pro per motion following counsel's Phoenix H. filing; use in the Third District only

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Fifth District: Court's Order Post-Phoenix H. Brief

Updated: 07/13/10

In the Fifth District only, after appointed counsel files a Phoenix H. brief, the court will issue an order extending 30-days leave for appellant to personally file, with the court, a letter stating a good cause showing that an arguable issue does exist. No formal motion or other pleading will be required of the appellant, except that appellant must attach a proof of service that includes the superior court clerk, trial counsel for the child(ren), appellant’s counsel, and counsel for respondent. If the appellant does not file such a letter within the time permitted or otherwise does not make a good cause showing that an arguable issue does exist, the appeal will be dismissed as abandoned. (See a sample letter and proof of service for appellant below.)

See procedures for the Fifth District

View sample order (PDF)


Fifth District: Client's Phoenix H. Letter Brief

Updated: 06/08/10

In the Fifth District only, counsel may file a letter brief setting out the applicable facts, procedure and law (a "Phoenix H. brief"), and provide a copy of the Phoenix H. brief to the appellant, respondent, the trial court, and CCAP, with a proof of service. Then it is the appellant’s burden to personally make a good cause showing that an arguable issue does exist.

See procedures for the Fifth District

Download Fifth District: Client's Phoenix H. Letter Brief (Word doc)
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Court of Appeal: In Pro Per Proof of Service Sample

Updated: 06/08/10

Sample Proof of Service to provide an appellant who wishes to file a Phoenix H. response

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AOB Cover Letter to Appellant (Dependency)

Updated: 06/08/10

Suggested introductory paragraphs for a non-Phoenix H. brief by counsel

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Information Sheet About Contact Adopted Children in Future

Updated: 06/08/10

An enclosure sheet that introduces the appellant to steps that may allow contact with a child when he or she turns 21. Use discretion for appropriate case.

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Received Opinion - Closing Letter Sample

Updated: 06/08/10

Suggested introductory paragraphs for various options after receipt of the opinion: no further action, petition for rehearing, or petition for review

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Download Closing Letter Sample (PDF)File is in Adobe Acrobat Format


Petition for Review - In Pro Per Filing Instructions (Dependency)

Updated: 06/08/10

An enclosure sheet with instructions for filing a petition for review with the California Supreme Court in a dependency case

Download In Pro Per Filing Instructions (Word doc)
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Download In Pro Per Filing Instructions (PDF)

 

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