CHILDREN AND THE LAW
...Dependency Petitions
......Legal Representation
.........Waiver/Withdrawal/Relieving of Counsel
 17 Cards On This Topic:
  • Appointed counsel shall continue to represent parent or guardian unless relieved upon substitution of new counsel or for cause.
  • Procedures for withdrawal.
  • Substitution/withdrawal of attorney.
  • Suspension, probation and ethical standards compliance recommended against dependency atty who failed to notify 300 clients of intent to withdraw and not make appearances.
  • Right of self-representation in dependency proceeding is statutory rather than constitutional, and denial of right analyzed under ordinary principles of harmless error.
  • Court erred in holding termination hearing without appointing counsel for absent mother on court's own order, when court knew she was incarcerated in Washington.
  • Where adoption imminent and minors' appointed counsel represents there are no current legal issues to be resolved, court may relieve attorney.
  • Foster/de facto parents could not object to admission of social services report at hearing where their counsel waived his appearance and not allowed to withdraw waiver.
  • Court may not grant attorney’s request to be relieved as counsel for parents in W&IC 366.26 proceeding without complying with statutory and rule requirements for withdrawal.
  • Proper steps for attorney, who cannot locate client in dependency matter, to take when attempting to withdraw.
  • Where parents have lost interest in termination proceedings and no longer want counsel, noticed hearing required before counsel is relieved per W&IC §317.
  • Relieving indigent parent’s appointed counsel over objection after PPPH review violates W&I §317(d); appointment must continue until another attorney substitutes in, or counsel relieved for cause.
  • Error to relieve appointed counsel for absent, indigent parent in termination proceeding absent showing of "knowing and intelligent" waiver.
  • Court suggests, without holding, that Faretta-type analysis may be required before permitting parent to waive right to counsel.
  • Court should determine whether parent with mental disorder is capable of knowingly and intelligently waiving right to appointed counsel.
  • Counsel for parents should not be permitted to withdraw absent compliance with (former) CRC 376 and CCP 284.
  • Attorney who withdraws from representing minor may continue to represent welfare agency if there will be no prejudice to minor.


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