In re Darlice C.

Good Law
105 Cal. App. 4th 459·129 Cal. Rptr. 2d 472·2003 Cal. App. LEXIS 61·2003 Daily Journal DAR 663·2003 Cal. Daily Op. Serv. 546
Court of Appeal of CaliforniaJanuary 16, 2003No. C042466California2,722 words

Opinion

lead Opinion

Sims, J.

*462 Opinion

Darlice C., mother of Steven J., Calvina L., Myra L., and Isaiah L., has pending appeals from orders of the Superior Court of Sacramento County, sitting as the juvenile court (hereafter juvenile court), terminating her parental rights. 1 In the instant petition, Darlice C. concurrently seeks habeas corpus relief in the form of an order commanding the juvenile court to vacate the orders terminating her parental rights. 2 She claims, inter alia, she was not afforded competent assistance of counsel in that counsel failed to advise the court of the existence and applicability of the “sibling relationship exception” to adoptability, which, if applicable, would prevent termination of her parental rights. 3 We shall issue an order to show cause returnable to the juvenile court. 4

Sacramento County Department of Health and Human Services (hereafter DHHS) contends that habeas corpus may not be used to collaterally attack an order terminating parental rights on the ground the parent was not afforded competent assistance of counsel. For reasons that follow, we disagree.

“The indigent parent has a ‘liberty interest... in the care, custody, and management of his [or her] child.…

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