California Court of Appeal

Order terminating the Mother's parental rights to her son is affirmed, where: 1) an attorney in a dependency case has no obligation to file a futile Welfare and Institutions Code section 388 petition to modify an existing order; and 2) the decision not to file a section 388 petition is not a "failure" within the meaning of ineffective assistance of counsel jurisprudence.

Appellate Information

• Decided 10/01/2014
• Published 10/01/2014

Judges

• Yegan

Court

• California Court of Appeal

Counsel