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Can You Appeal a Juvenile Dependency Court Decision in California?

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Can You Appeal a Juvenile Dependency Court Decision in California?

Summary: This page covers Can You Appeal a Ruling in Juvenile Dependency Court in California?, What Do You Need to File a Successful Appeal in Juvenile Dependency Court?, What Is the Success Rate of Appeals in California?.

Even if you don’t like the juvenile dependency court decision, you have a few options about what to do next. If you still have the possibility of getting custody, it’s a good idea to work on your Child Protective Services (CPS) case and follow your reunification plan.

In some cases, the outcome of the juvenile dependency case involves the child receiving permanent custody with someone else. Whatever the decision, you have the right to appeal it. With an appeal, a higher court will review the lower court’s decision to ensure it was the right outcome.

Can You Appeal a Ruling in Juvenile Dependency Court in California?

Legally, you are absolutely allowed to appeal a decision in California dependency court. However, there are specific situations when an appeal is allowed. For example, you can appeal the CPS case if there were legal or procedural errors. Similarly, you can argue that the evidence presented at the trial wasn’t enough proof.

It’s essential to talk to an experienced attorney and learn how to appeal dependency rulings. In the appeal, you aren’t allowed to re-litigate the case or present new evidence. You are only allowed to appeal on specific grounds, so talk to your attorney about what you need to do to change the outcome of your case.

What Do You Need to File a Successful Appeal in Juvenile Dependency Court?

To learn how to get a juvenile dependency case dismissed or to file an appeal, you first have to understand your justifications. For example, some cases are appealed for the following reasons.

  • The other side mishandled evidence that was used in the trial.
  • The parent’s constitutional rights were violated.
  • There was an error in how the law was applied.

Once you are confident that you have grounds for an appeal, the next step is searching for a juvenile dependency attorney near me. Filing a legal case can be challenging, and appeals are especially complex.

Your attorney will fill out the Notice of Appeal form (JV-800). This form will include information about the case and whether you want to appeal all or part of the decision. Once this form is filed, your lawyer will provide a transcript of the court proceedings to the court clerk.

Next, the CPS attorney will prepare your appellate brief. Depending on the case, they may need to present an oral argument before the court as well. Once this entire process is complete, you just have to wait for the juvenile dependency court decision.

What Is the Success Rate of Appeals in California?

In California, a little under 20% of appeals are successful. However, this figure can vary significantly based on the type of case, your legal help, the quality of the evidence, and other factors. The following are just a few of the factors that will determine whether your appeal is successful or not.

  • The quality of the evidence
  • The jurisdiction where your appeal is filed
  • The quality of your attorney
  • The strength of your argument
  • The specifics of the case

If you have a strong case for an appeal, you are significantly more likely to be successful. Because of how complex these cases are, it is always a good idea to seek out professional legal help. During your consultation, your attorney can look through your case to determine if there are any grounds for an appeal. Then, they can discuss the odds of your case being successful.

Get Help With Your Juvenile Dependency Case

Navigating the California court system can be complex. While the court is legally bound to do everything they can to protect your parental rights and ensure the safety of your children, even well-intentioned CPS workers and judges can make mistakes. Because of this, you need to have the best juvenile dependency lawyer on your side to appeal your case.

If you have been negatively impacted by a juvenile dependency court decision, we can take a look at your case. To learn more, reach out to our legal team today.

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