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