In Re Kristin H.

Bad Law
46 Cal. App. 4th 1635·1996 WL 362800
Court of Appeal of CaliforniaJuly 1, 1996Docket Nos. H014212, H014894California14,430 words

Opinion

Opinion

BAMATTRE-MANOUKIAN, J.

An indigent parent in a dependency proceeding has a right to appointed counsel where out-of-home placement of the child is an issue. (Welf. & Inst. Code, § 317.) [1] Effective January 1, 1995, section 317.5 has been added to the code. It provides that parties who are represented by counsel at dependency proceedings "shall be entitled to competent counsel." Today we consider the nature of this statutory right.

We believe section 317.5 reflects legislative recognition that dependency proceedings may "work a unique kind of deprivation" ( In re Emilye A. (1992) 9 Cal. App.4th 1695, 1707 [ 12 Cal. Rptr.2d 294 ]) and implicate fundamental interests deserving of protection — both a parent's "fundamental liberty interests" in maintaining the parent-child relationship ( In re Laura F. (1983) 33 Cal.3d 826, 844 [ 191 Cal. Rptr. 464 , 662 P.2d 922 ]) and the child's "fundamental independent right" in being part of a family unit. ( Adoption of Kay C. (1991) 228 Cal. App.3d 741, 749 [ 278 Cal. Rptr. 907 ].) In consideration of these compelling interests, which have been recognized as ranking "among the most basic of civil rights" ( In re B.G. (1974) 11 Cal.3d…

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