CHILDREN AND THE LAW
...Dependency Petitions
......Legal Representation
.........Effect./Ineffect. Representation
............Dependency: Right Recognized/Test
 11 Cards On This Topic:
  • All parties who are represented by counsel at dependency proceedings shall be entitled to competent counsel.
  • Parent who has a due process right to competent counsel can seek to change a prior court order on the ground of ineffective assistance of counsel by filing a W&IC 388 petition.
  • Mother failed to establish both that counsel’s representation fell below prevailing professional norms and that, in the absence of counsel’s failings, a more favorable result was reasonably probable.
  • Though DA not statutorily authorized to represent interests of state in dependency proceeding, F failed to prove his atty ineffective for not objecting to DA's appointment and did not show prejudice.
  • Competent counsel for parents and children in dependency includes right to judicial review of claims of statutory ineffective assistance of counsel.
  • Mother’s claim of ineffective assistance, raised by habeas petition, is cognizable; she made a prima facie showing of violation of statutory right to counsel and prejudice.
  • Claim of ineffective assistance of counsel requires establishing reasonable probability of a different outcome.
  • Assuming ineffectiveness of counsel claim applicable to juvenile dependency proceedings, parent must still demonstrate reasonable probability that result would have been more favorable.
  • Standards for ineffective assistance of counsel claim in dependency proceedings; standards not met due to parent’s lack of cooperation.
  • Permitting parents to plead no contest to section 300 (e) allegations does not amount to ineffective assistance of counsel.
  • Parents in Welf. & Inst. Code §300 proceeding are entitled to effective assistance of counsel, whether appointed or hired.


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