AB 778

This bill makes changes to the appellate procedures applicable in proceedings

related to the termination of parental rights.

First, the bill changes certain requirements relating to the notice of intent to

pursue postdisposition or appellate relief in proceedings related to the termination

of parental rights. Under current law, in order to initiate an appeal in a termination

of parental rights matter, a person must file a notice of intent to pursue

postdisposition or appellate relief. This bill creates a requirement that the notice of

intent must include the signature of the person on whose behalf the notice is filed.

The person's counsel, if any, must sign the notice, but may not do so in lieu of the

signature of the person on whose behalf the notice is filed. The bill also expands the

authority of the court to grant an extension of time to file the notice of intent.

Second, the bill establishes an additional requirement for filing a motion to

remand for postjudgment fact-finding on appeal of a judgment or order related to the

termination of parental rights. Under current law, an appellant who intends to

appeal on any ground that may require postjudgment fact-finding must file a motion

in the court of appeals raising the issue and requesting that the court of appeals

retain jurisdiction over the appeal and remand to the circuit court to hear and decide

the issue of possible additional fact-finding. This bill establishes a requirement that

counsel who files the motion for remand or, if the appellant seeking the remand is

unrepresented, the appellant, must file an affidavit in support of the motion for

remand which states with specificity the reasons why postjudgment fact-finding is

necessary. The bill also extends the deadline for filing the motion for remand if the

appellant is not represented by counsel.