CHILDREN AND THE LAW
...Dependency Petitions
......Legal Representation
.........For Minor
............Guardian Ad Litem
 11 Cards On This Topic:
  • Children under 12 may be, and those over 12 shall be, made parties to actions under Uniform Parentage Act and represented by guardian ad litem.
  • 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.
  • Juv. ct. made prohibited gift of public funds in ordering County pay for independent counsel to investigate possible tort action against County on behalf of dependent child; juv. court must first appoint GAL who may then seek counsel.
  • GAL in medical malpractice case had the authority to dismiss minor's action without prejudice and without court approval.
  • Juvenile court not required to appoint GAL for dependent child, or to cede to a legal guardian the right to decide whether to withdraw his life-sustaining medical treatment.
  • Changes to WIC 326.5 to be applied prospectively only; in cases where petition alleging abuse or neglect filed before effective date, no need to appoint new GAL.
  • Since counsel was appointed for minor, juvenile court did not err in failing to appoint separate guardian ad litem on or after the 7/1/01 effective date of W&IC §326.5.
  • Court did not err in allowing dependent Cs' civil suit against County where claim statute tolled while Cs were without GAL or parent and County should have allowed late claim application.
  • Mother had standing to raise issue of failure to appoint GAL for C since lack of independent individual protecting/asserting C's interests impacts parent-child relationship at stake in dependency.
  • In a paternity support action, mother who acts as guardian ad litem cannot also represent M in propria persona.
  • Public Guardian properly appointed as GAL to minor under PC §2920.


    •