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Does Parent Have Right to Challenge Counsel's Failure to File Timely NOA from Order Terminating Parental Rights

(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? (In re A.R. (Jan. 21, 2020, A158143) [nonpub. order], review granted 5/13/2020 (S260928).)

Review on this issue has also been granted with briefing deferred in:

  • In re A.M. (July 10, 2020, E075218) [nonpub. opn.], review granted 10/21/2020 (S264012)

Updated: 10/21/2020

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