In Re Jesse C.

San Diego County Health & Human Services Agency v. Jesse C.

Good Law
1999 Cal. App. LEXIS 462·71 Cal. App. 4th 1481·84 Cal. Rptr. 2d 609·99 Daily Journal DAR 4415·99 Cal. Daily Op. Serv. 3452
Court of Appeal of CaliforniaMay 11, 1999D031955California3,872 words

Opinion

Opinion

Benke, J.

Welfare and Institutions Code section 317, subdivision (c), requires in a dependency proceeding that counsel be appointed for the minor when it appears to the court such representation would benefit the child. Subdivision (d) of section 317 requires such representation continue until there is a substitution of counsel or counsel is relieved “for cause.” In the present case counsel was appointed for the minors when the dependency petition was filed. Representation continued until the second postperma-nency planning review hearing when, based on the fact adoption was imminent and on the representation by minors’ attorney there were no current legal issues to be resolved, the court relieved counsel.

The issue is whether relieving counsel under such circumstances was proper. We conclude that it was.

Background

On March 24, 1995, the San Diego County Health and Human Services Agency (Agency) filed section 300, subdivisions (b) and (j) petitions as to siblings Jesse C., age five, Yvette C., age three, and Timothy U., age one. The petitions alleged the failure of their mother to provide a suitable home.

At the detention hearing the Child Advocacy Division of the Public…

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