CHILDREN AND THE LAW
...Dependency Petitions
......Legal Representation
.........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.