California Court of Appeal

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In re Jackson W., D055622

In juvenile dependency proceedings, juvenile court's denial of a mother's Welfare and Institutions Code section 388 petition for modifications by which she sought a hearing on whether she received the effective assistance of counsel at an earlier stage of the proceedings, is affirmed where: 1) a parent, after proper advisement, may knowingly, intelligently and voluntarily waive the statutory right to be represented by appointed counsel meeting the definition of "competent counsel" under California Rules of Court, rule 5.660(d), and once this right is waived, the parent is precluded from complaining about counsel's lack of juvenile dependency qualifications; 2) a parent who has a due process right to competent counsel can seek to change a prior court order on the ground of ineffective assistance of counsel by filing a section 388 petition; and 3) petitioner has not met her burden of showing she was entitled to an evidentiary hearing on the petition or that she was prejudiced by counsel's claimed deficiencies.

Appellate Information

  • Decided 04/29/2010
  • Published 04/29/2010

Judges

  • McCONNELL, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • M. Elizabeth Handy, under appointment by the Court of Appeal, for Minors.

  • For Appellees:
  • Kathleen Murphy Mallinger, under appointment by the Court of Appeal, for Defendant and Appellant., John J. Sansone, County Counsel, John E. Philips, Chief Deputy County Counsel, and Lisa Maldonado, Deputy County Counsel, for Plaintiff and Respondent.
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