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KSTGeneral information, not legal advice
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Against which ruling in a juvenile protection case may a special appeal be taken to the Supreme Court, and on what ground?

General information · Not legal advice

Material to check

In the practice file we read the written decision that dismissed the appeal, with its proof of service, because the provision reaches only a decision dismissing an appeal; we also read the petition for special appeal and the papers it cites, since the ground is that the decision violated a statute or regulation.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading takes the provision strictly: a special appeal lies to the Supreme Court only against a decision that dismisses an appeal, and only in the case where that decision violates a statute or regulation, so a ruling of any other kind, or one attacked only on the facts, falls outside it.

Another reading notes what the provision does not itself supply: the ground is expressed only as a violation of law, without saying how far the Supreme Court examines the ruling, and the form of the petition and the period for it come from further provisions this provision applies by reference, which must be read in the official text.

Your judgment

Where a petition asserts only that the facts were wrongly found and cites no provision breached, how could the file show a violation of law within the meaning of this provision?

PRO SE does not make this decision or keep a case record on this public site.

When to reconsider

We look at this again if the provision is amended to widen or narrow the ground of violation of law, or if a Supreme Court decision explains what counts as a decision dismissing an appeal or a violation of law.

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