Los Angeles County Department of Children's Services v. Tony B.

In dependency proceedings, an indigent parent is entitled to court-appointed counsel who “shall continue to represent the parent . . . unless relieved by the court upon the substitution of other counsel or for cause. . . (Welf. & Inst. Code, § 317, subd. (d).) 1 Without reference to this statute, the Los Angeles Juvenile Dependency Court adopted a “policy memorandum” providing that attorneys appointed to represent indigent parents are to be relieved following the first review of a permanent placement plan (§ 366.25, subd. (d)) “unless good cause to the contrary is individually shown by any attorney seeking to remain appointed on the case.” On this appeal, we hold the policy is inconsistent with the statute and we therefore reverse an order relieving a father’s attorney.

Facts

The two minors involved in this case were both born under the influence of cocaine, one in 1986 (Tony B.), the other (Tony’s sister, Tanya H.) in 1988. Although each child was the subject of separate juvenile court proceedings at the time of birth, those proceedings were terminated in 1987 (Tony’s case) and 1989 (Tanya’s case). In 1990, the Los Angeles County Department of Children’s Services…