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§7.07 Right to Counsel

You must appoint counsel for an unrepresented child unless you find that the child won't benefit from the appointment and you state your reasons on the record. [WIC §366.26(f)(1); see Part 1, §3.05.]

You must appoint counsel for an unrepresented indigent parent, but the same attorney may not represent both the child and a parent. [WIC §366.26(f)(2).] You may continue the hearing up to 30 days to appoint counsel. [WIC §366.26(g).]

Before you may relieve parent’s counsel and terminate parental rights, you must investigate the circumstances fairly and impartially. [See Katheryn S. v Superior Court (2000) 82 CA4th 958, 972–975.]


   
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© 2006 by Judicial Council of California
updated as of January 1, 2012