In Re Joshua B.

Orange County Social Services Agency v. Angela B.

Good Law
1996 Cal. App. LEXIS 835·48 Cal. App. 4th 1676·56 Cal. Rptr. 2d 556·96 Daily Journal DAR 10709·96 Cal. Daily Op. Serv. 6599
Court of Appeal of CaliforniaAugust 30, 1996G018439California1,321 words

Opinion

Opinion

Wallin, J.

Christine and Leonard B., foster parents and de facto parents of Joshua B., appeal the order of the juvenile court under Welfare and Institutions Code section 388 returning Joshua to the custody of his biological mother, Angela B., and continuing dependency under a family maintenance plan. We find substantial evidence supports the court’s order and affirm. In the published portion of this opinion, we conclude we are not required to appoint counsel for an indigent parent who is a respondent, but we retain discretion to do so.

I-III

IV

Although we appointed appellate counsel for Angela, we questioned, on our own motion, whether we are required to do so when an indigent parent of a dependent child is the respondent rather than the appellant. We conclude we are not required to appoint counsel in such a situation, but our discretion to do so will be liberally exercised.

The Supreme Court has recently dealt with the question of appointed counsel for a respondent parent in a nondependency case in In re Bryce C. (1995) 12 Cal.4th 226 [ 48 Cal.Rptr.2d 120 , 906 P.2d 1275 ]. There, the stepfather petitioned to free the child from the biological father’s custody and control on…

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