CHILDREN AND THE LAW
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Dependency Petitions
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Legal Representation
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Effect./Ineffect. Representation
............Habeas Corpus
4 Cards On This Topic:
Habeas petitions are recognized as proper vehicles for raising claims of ineffective assistance of counsel in dependency proceedings.
Mother entitled to seek review of parental rights termination order by petition for writ of habeas corpus; Court of Appeal declines to follow In re Meranda P.
Where "no satisfactory explanation" for atty's failure to file Welf. & Inst. Code §388 petition, ineffective assistance claim properly raised by appeal rather than writ of habeas corpus.
Mother may seek habeas relief based on ineffective assistance re termination hearing where petition filed same time as opening brief in appeal from judgment terminating parental rights; cannot challenge antecedent final orders by habeas corpus.