San Diego County Health & Human Services Agency v. Elizabeth N.

*1538 Opinion

— This case involves 14-year-old Kristen B., who became a dependent of the juvenile court and was removed from parental custody after she consistently disclosed to family members, social workers and law enforcement agents that her stepfather had sexually abused her. Shortly before the jurisdiction hearing, Kristen recanted. Kristen’s trial attorney (minor’s counsel), recognizing her dual role of advocating for her client’s stated interest and advocating for her client’s safety and best interests, called Kristen to testify at the jurisdiction hearing. Kristen testified she had lied about the sexual abuse and wanted to return home. In closing argument, minor’s counsel advised the court of Kristen’s position but advocated against returning her to parental custody. The court sustained the allegations of the petition, declared Kristen a dependent and placed her in out-of-home care.

Kristen’s mother, Elizabeth N., appeals the court’s jurisdictional and dispositional findings. Elizabeth contends Kristen received ineffective assistance of counsel when minor’s counsel was impermissibly argumentative and undermined Kristen’s credibility on direct examination. We affirm the…