In re Antoine C.

In 1977 the California Supreme Court held in In re Roger S. (1977) 19 Cal.3d 921 [ 141 Cal.Rptr. 298 , 569 P.2d 1286 ] that minors 14 years of age and older must be afforded certain due process rights when the minor’s parents seek to admit the minor into a state psychiatric hospital. The minor’s potential loss of liberty “requires that the person receive a hearing after adequate written notice of the basis for the proposed action; an opportunity to appear in person and to present evidence in his own behalf; the right to confrontation by, and the opportunity to cross-examine, adverse witnesses; a neutral and detached decision maker; findings by a preponderance of the evidence; and a record of the proceeding adequate to permit meaningful judicial appellate review. [Citations.]” (In re Roger S., supra, at pp. 937-938.) The court also stated, “Inasmuch as a minor may be *426 presumed to lack the ability to marshal the facts and evidence, to effectively speak for himself and to call and examine witnesses, or to discover and propose alternative treatment programs, due process also requires that counsel be provided for the minor. [Citations.]” (At p. 938; italics supplied.)

In…