Cal. Rules of Court, rule 8.403 · Article 2. Appeals
Right to appointment of appellate counsel and prerequisites for appeal
Text — As posted by the Judicial Council of California (read October 22, 2026)
(a) Welfare and Institutions Code section 601or 602 proceedings
In appeals of proceedings under Welfare and Institutions Code section 601 or 602, the child is entitled to court-appointed counsel.
(b) Welfare and Institutions Code section 300 proceedings
(1) Any judgment, order, or decree setting a hearing under Welfare and Institutions Code section 366.26 may be reviewed on appeal following the order at the Welfare and Institutions Code section 366.26 hearing only if:
(A) The procedures in rules 8.450 and 8.452 regarding writ petitions in these cases have been followed; and
(B) The petition for an extraordinary writ was summarily denied or otherwise not decided on the merits.
(2) The reviewing court may appoint counsel to represent an indigent child, parent, or guardian.
(3) Rule 5.661 governs the responsibilities of trial counsel in Welfare and Institutions Code section 300 proceedings with regard to appellate representation of the child.
Notes and commentary — not rule text
History
(Subd (a) amended effective January 1, 2013.)
Rule 8.403 amended effective January 1, 2013; adopted effective July 1, 2010.
Advisory Committee Comment
The right to appeal in Welfare and Institutions Code section 601 or 602 (juvenile delinquency) cases is established by Welfare and Institutions Code section 800 and case law (see, for example, In re Michael S. (2007) 147 Cal.App.4th 1443, In re Jeffrey M. (2006) 141 Cal.App.4th 1017 and In re Sean R. (1989) 214 Cal.App.3d 662). The right to appeal in Welfare and Institutions Code section 300 (juvenile dependency) cases is established by Welfare and Institutions Code section 395 and case law (see, for example, In re Aaron R. (2005) 130 Cal.App.4th 697, and In re Merrick V. (2004) 122 Cal.App.4th 235).
Subdivision (b)(1). Welfare and Institutions Code section 366.26(l) establishes important limitations on appeals of judgments, orders, or decrees setting a hearing under section 366.26, including requirements for the filing of a petition for an extraordinary writ and limitations on the issues that can be raised on appeal.
Source of truth
- Edition
- As posted by the Judicial Council of California (read October 22, 2026)
- Official file
- https://courts.ca.gov/cms/rules/index/eight/rule8_403
- Text hash
- sha256 99d66b3a9dd87463aba2bcefd724341b4f6541ec92cc9cc9651604d80cc5f16c
- Composed by
- compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph
This rule cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Welfare and Institutions Code
- Welf. & Inst. Code, § 300Printed as Welfare and Institutions Code section 300
- Welf. & Inst. Code, § 366.26Printed as Welfare and Institutions Code section 366.26 | Welfare and Institutions Code section 366.26(l) | the Welfare and Institutions Code section 366.26
- Welf. & Inst. Code, § 395Printed as Welfare and Institutions Code section 395
- Welf. & Inst. Code, § 601Printed as Welfare and Institutions Code section 601 or 602
- Welf. & Inst. Code, § 602Printed as Welfare and Institutions Code section 601 or 602
- Welf. & Inst. Code, § 800Printed as Welfare and Institutions Code section 800
California Rules of Court
- Cal. Rules of Court, rule 5.661Representation of the child on appealPrinted as Rule 5.661
- Cal. Rules of Court, rule 8.450Notice of intent to file writ petition to review order setting hearing under Welfare and Institutions Code section 366.26Printed as rules 8.450 and 8.452
- Cal. Rules of Court, rule 8.452Writ petition to review order setting hearing under Welfare and Institutions Code section 366.26Printed as rules 8.450 and 8.452
Cited by 2 provisions
Provisions in this library whose text cites Cal. Rules of Court, rule 8.403. Each shows the citation as that text prints it.
California Rules of Court
- Cal. Rules of Court, rule 8.409Preparing and sending the recordPrinted as rule 8.403(b)(2)
- Cal. Rules of Court, rule 8.416Appeals from all terminations of parental rights; dependency appeals in Orange, Imperial, and San Diego Counties and in other counties by local rulePrinted as rule 8.403(b)(2) | rules 8.403-8.412
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.