CHILDREN AND THE LAW
...Dependency Petitions
......Legal Representation
.........Effect./Ineffect. Representation
............Termination Proceedings: Examples
 10 Cards On This Topic:
  • No error in denying motions to relieve and substitute counsel where motions came late in continued hrg, court's inquiry into complaint was adequate, and total lack of atty/client communication prevented adequate defense.
  • Mother showed prima facie case of prejudicial ineffective assistance where trial atty failed to file Welf. & Inst. Code §388 petition despite "dramatic changes" mother made and imprisonment of abusive F.
  • Mother did not demonstrate prejudice as a result of her counsel not challenging adequacy of W&IC 366.26 adoption assessment report.
  • Alleged father received ineffective assistance of counsel where counsel did not object to lack of notice, communicate with him or attempt to establish his status as a presumed or biological father.
  • Absent waiver of right to confrontation, ineffective assistance to permit judge to speak to M in chambers w/o parents or their counsel present.
  • 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.
  • Uncooperative father fails to establish ineffective assistance or that attorney’s failure to disqualify self would have led to more favorable result.
  • Parents have obvious due process entitlement to competent counsel at hearings with potential for termination of parental rights.
  • Failure to request court reporter amounted to de facto waiver of indigent client’s right to appeal and was ineffective assistance of counsel.
  • Failure to object to admission of social study not ineffective assistance of counsel.


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