Right to counsel
Legislation, Abuse/Neglect/Dependency - Accused Parents
A court must appoint counsel for an indigent parent if a child has been placed, or the petitioning agency is recommending that the child be placed, in out-of-home care. Cal. Wel. & Inst. Code § 317(b). Otherwise, appointment is discretionary. Cal. Wel. & Inst. Code § 317(a)(1).
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Though timing of appointment is not specified, Section (d) states that “Counsel shall represent the parent, guardian, child, or nonminor dependent at the detention hearing and at all subsequent proceedings before the juvenile court.” Cal. Wel. & Inst. Code § 317. In addition, notices issued to the parents in dependent child proceedings include a statement about the right to counsel and the procedure to obtain appointed counsel. See e.g. Cal. Wel. & Inst. Code § 291(d)(6)(B),(C)&(D); § 292(d); § 293(d) (doesn't include statement as to procedure to obtain counsel). |
Appointment of Counsel:
categorical
Qualified:
yes
