An Important Message from the Supreme Court Regarding the Extremely Short Period to File a Notice of Appeal in TPR and Adoption Cases

Here is a message from Debra Alsaker-Burke, Child Protection Program Manager at the Supreme Court:

New Appeal Deadline on Magistrate Court Decisions – Termination of Parental Rights and Adoption.

On July 1, 2009, new rule IAR 11.1 became effective. This rule provides that an appeal from an order granting or denying the termination of parental rights or an order granting or denying an adoption is appealable by right to the Supreme Court so the district court is no longer involved in these appeals and is no longer an option for such an appeal. I.A.R. 11.1 also provides that the appeal is to be expedited in accord with I.A.R.12.2. Rule 12.2 governs the expedited review for appeals brought pursuant to Rule 11.1 as well appeals in custody cases brought by way of permissive appeal pursuant to Rule 12.1 and sets out specific time limits for these appeal. It specifically states that a notice of appeal filed pursuant to 11.1 (termination or adoption) must be filed within 14 days of the order. Several of these appeals have already been dismissed for failure to file within this deadline, which is jurisdictional. In addition, several of these appeals have been significantly delayed by motions for waiver of fees or appointment of counsel on appeal. If you file one of these motions please bring it to the clerk and the court’s attention that it is an expedited appeal.

Effective January 1 appellants are also being asked to designate on the notice of appeal whether it is an expedited appeal. This order will be on the court’s website soon.

There has also been a change in I.A.R. 35 (d) regarding briefing that requires all minors to be referred to by initials or some other designation. Briefs are now scanned and placed on Lexis and this is to protect the privacy of the minor.


The Supreme Court sent out a similar warning not too long ago (See SCOIDBlog October 23, 2009, Alert: Two New Rules Affecting Parental Termination Appeals). Apparently the problem persists. So, if you work in a law firm that handles such cases be sure to alert the other attorneys in your office of the rule changes.