CHILDREN AND THE LAW
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Dependency Petitions
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Legal Representation
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For Minor
............Counsel For Siblings
8 Cards On This Topic:
One attorney may represent all dependent siblings unless actual conflict of interest then exists or it is reasonably likely an actual conflict will arise. Court must relieve counsel from joint representation only when actual conflict arises.
Appointing separate counsel for sisters unnecessary where younger sister's interest in permanent plan of adoption did not affect elder's interest in guardianship-no conflict of interest existed.
Order disqualifying CLC Unit 1 from representing 4 siblings affirmed given substantial evidence of actual conflict.
Where siblings separated erroneously by court and actual conflict arose, trial court on remand must appoint separate counsel for each child.
Attorney may not continue to represent multiple minors among whom there is an actual conflict of interest, and when an actual conflict arises, attorney must be relieved from representation of any of them.
When there are multiple children with conflicting interests, trial ct. needs to determine if each C needs separate counsel or whether they can be divided into groups, each with separate attorney.
No need to appoint separate counsel for each minor absent showing of actual conflict of interest between them.
Failure to appoint separate counsel during jurisdictional proceedings for children who may have divergent interests not per se error, but may be error for visitation; standard of review on right to counsel.