CHILDREN AND THE LAW
...Dependency Petitions
......Legal Representation
.........For Minor
............Appointment of Counsel: In General
 12 Cards On This Topic:
  • Counsel should be appointed for M in 232 proceedings, unless showing made that interests will be protected; Failure not reversible error absent miscarriage of justice.
  • Juvenile court improperly considered need-based SSI benefits in determining parent's ability to pay for legal services of attorney appointed by the court to represent parent and minor in dependency proceeding.
  • If dependent C has potential tort claim against county, juv. court must appoint separate GAL for C to oversee the action and otherwise protect C's interests prior to initiation of civil case; court must also appoint pro bono or contingency counsel.
  • Trial ct. "consider[ed]" appointment of counsel for Cs as required by PC 1516.5 and proceeded before trial to appoint counsel familiar with case from prior representation.
  • Attorney representing multiple siblings in dependency proceedings may be disqualified only if siblings have an actual, present conflict of interest.
  • No error in failing to appoint counsel for child in former Civ. Code §232 termination proceedings.
  • Failure to appoint counsel for child not error where Dept. of Social Services adequately protecting child’s interests.
  • Failure to appoint counsel for minor in Welf. & Inst. Code §300 (d) proceedings is reversible error.
  • Juvenile court has duty to determine whether substitution of "retained" counsel for counsel appointed under Welf. & Inst. Code §318 is required.
  • Child’s alleged dissatisfaction with attorney must be examined by court.
  • No error to fail to appoint counsel for 4-year-old in former Civ. Code §232 proceeding.
  • Minor has right to appointed counsel, but not particular attorney, at initial, and subsequent, dependency hearings.


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