AKKIKO M. v. Superior Court

This petition by a minor dependent of the juvenile court (Welf. & Inst. Code, § 300) challenges an order “recusing” Legal Services for Children, Inc., from representing her without charge in proceedings concerning her education and treatment, We conclude that the court erred in barring representation by counsel of the minor’s choice without first ruling that the minor was not capable of choosing or did not select competent counsel.

Petitioner’s first contact with juvenile court occurred in 1978, when a petition was granted, declaring her a dependent child of the court, as one whose home was unfit because of “neglect, cruelty, depravity, or physical abuse.” (§ 300, subd. (d).) At that time she was entitled to appointment of counsel (§ 318, subd. (a)), but apparently was not separately represented. More recently, she was involved in court proceedings for voluntary commitment to a mental health facility (§ 6552) and proceedings to appoint a conservator (§ 5352). Legal Services for Children, Inc., a nonprofit law firm that represents minors without fee, was asked to advise her in connection with the former proceeding and was appointed to replace the public defender’s office…