CHILDREN AND THE LAW
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Dependency Petitions
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Legal Representation
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Effect./Ineffect. Representation
............Termination Proceedings: In Gen.
8 Cards On This Topic:
Right to appointed counsel in termination proceedings must be decided on case-by-case basis.
Parent and child have due process rights to effective assistance of counsel at termination proceeding.
Claim of ineffective counsel at Welf. & Inst. Code §366.22 hearing allows treatment as writ, not appeal.
Child properly freed from parental control despite allegations of ineffective assistance of counsel. Test stated.
Burden on the parent to affirmatively show ineffective assistance of counsel. Test stated.
Termination of parental rights reversed for ineffective assistance of counsel; reasonably probable result would have been different.
Party challenging effective representation of child’s attorney must show specific deficiencies and relevance thereof.
Parents in custody proceeding have standing to assert child’s right to adequate counsel.