CHILDREN AND THE LAW
...Dependency Petitions
......Legal Representation
.........For Parents
............Guardian Ad Litem
 21 Cards On This Topic:
  • Guardian ad litem required where litigant lacks legal capacity to make decisions.
  • Juvenile court's error in the process used for appointment of GAL for a parent in a dependency proceeding is a form of trial error amenable to harmless error analysis.
  • No error in appointing GAL for incompetent mother and not holding a Marsden-type hearing where mother's general complaints about counsel did not indicate he was providing inadequate representation.
  • Juv. court violated mother's DP rights by appointing GAL w/out her consent and w/out inquiring into her competency but error harmless where parental rights likely to have been terminated despite violation.
  • Although dependency court failed obligation to appoint a GAL to appear for F, or have his LPS guardian appear, F's due process rights not violated and error not prejudicial.
  • As mother was herself a minor throughout C's dependency proceedings, she was entitled to the protections of a GAL and it was reversible error not to appoint one.
  • Guardian ad litem must be appointed for a ••presumed•• father who is a minor, even though he personally does not appear.
  • Although juvenile court violated mother's due process rights by appointing GAL, error harmless where her fundamental rights not compromised and no prejudice shown.
  • Appointing GAL for mother in dependency proceedings, without consent, explanation or competency inquiry, violated her due process rights and was reversible error.
  • Error to grant mother's motion to set aside jurisdictional findings based on purported due process violation re GAL appointment. Sara D. could not be applied to vacate final dependency orders absent W&IC 388 petition.
  • Error to appoint GAL for incompetent mother where she did not consent to, nor have opportunity to state her position about appointment, and was not properly served with copy of petition.
  • Juvenile court's refusal to appoint GAL for mother or to order psychological evaluation of her was not in error.
  • Where no notice and no hearing when GAL appointed for minor's grandmother/caretaker, grandmother's right to due process violated, and jurisdictional and dispositional orders required reversal.
  • On inadequate record and no good cause for delay in contesting it, no showing trial court erred in appointing GAL for mother.
  • Appointment of GAL for mother, without consent, notice, hearing or evidence of incompetence, violated her due process rights.
  • Failure of juvenile court to hold a hearing on the motion to appoint GAL and to give mother an opportunity to be heard violated her constitutional right to due process.
  • Court has no duty to appoint GAL for alleged F who has not appeared in dependency proceeding; to become party in meaning of W&IC 372, alleged F must enter appearance.
  • Court properly appoints GAL for rambling, delusional mother who is unable to assist her attorney in conduct of case.
  • Court not req’d to provide guardian for mentally ill, drug addicted F where court believed him competent, he had able counsel and he understood and participated in proceedings.
  • Reversal of dependency orders required where juvenile court accepts GAL’s waiver of mother’s due process trial rights.
  • GAL not required where mother understood nature of proceedings, participated and cooperated with counsel.


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