Kern County Department of Human Services v. Tina M.

A child’s dependency appeal, challenging the juvenile court’s evaluation of the child’s best interests, involves a delicate balancing of considerations. We must decide what role a child’s appellate counsel plays in this balance and, in particular, under what circumstances appellate counsel may investigate whether dismissal of an appeal is in the child’s best interests.

We conclude the following: (1) appellate counsel has the power to seek dismissal of a child’s dependency appeal based on the child’s best interests, and the Court of Appeal has the power to consider and rule on such a motion; (2) pursuant to appellate counsel’s power, counsel may seek funds to meet personally with her client to investigate a potential motion; but (3) appellate *672 counsel may actually file a motion to dismiss only after consultation with and authorization from the child or the child’s guardian ad litem. Here, appellate counsel for two minor siblings failed to demonstrate cause for the appropriation of funds in light of the guardian ad litem’s unequivocal opposition to any motion to dismiss. We affirm the Court of Appeal’s denial of appellate counsel’s request for funds, but remand without…