Rule 35a-21. Appeals in Child Protection Matters

(a) Unless a different period is provided by statute, appeals from final judgments or decisions of the Superior Court in child protection matters shall be taken within twenty days from the issuance of notice of the rendition of the judgment or decision from which the appeal is taken. If an extension to file an appeal is granted, the extension may not exceed an additional twenty days in all child protection appeals, except in an appeal in a termination of parental rights proceeding, the extension may not exceed an additional forty days pursuant to Section 79a-2.

(b) If an indigent party, child or youth wishes to appeal a final decision, the trial attorney shall file an appeal or seek review by an appellate review attorney in accordance with the rules for appeals in child protection matters in Chapter 79a. The reviewing attorney determining whether there is a nonfrivolous ground for appeal shall file a limited ''in addition to'' appearance with the trial court for purposes of reviewing the merits of an appeal. If the reviewing attorney determines there is merit to an appeal, the reviewing attorney shall notify the court, and the court shall grant the indigent party's application for appellate counsel, who shall file a limited ''in addition to'' appearance for the appeal with the Appellate Court. The trial attorney shall remain in the underlying juvenile matters case in order to handle ongoing procedures before the local or regional juvenile court. Any attorney who files an appeal or files an appearance in the Appellate Court after an appeal has been filed shall be deemed to have appeared in the trial court for the limited purpose of prosecuting or defending the appeal.

(c) Unless a new appeal period is created pursuant to Section 79a-2 (a), the time to take an appeal shall not be extended past forty days for an appeal from a judgment that did not result in a termination of parental rights (the original twenty days plus one twenty day extension for appellate review) or past sixty days for an appeal from a judgment terminating parental rights (the original twenty days plus one forty day extension for appellate review), from the date of the issuance of notice of the rendition of the judgment or decision.

Committee Notes

(Amended June 15, 2012, to take effect Jan. 1, 2013.) amended June 30, 2008, to take effect Jan. 1, 2009; amended