Discretionary appointment of counsel

A court must appoint counsel for a child unless it determines there would be no benefit to doing so. Cal. Wel. & Inst. Code § 317(c)(1) (“If a child or nonminor dependent is not represented by counsel, the court shall appoint counsel for the child or nonminor dependent, unless the court finds that the child or nonminor dependent would not benefit from the appointment of counsel. “).  Though timing of appointment is not specified, Section (d) states, “Counsel shall represent the parent, guardian, child, or nonminor dependent at the detention hearing and at all subsequent proceedings before the juvenile court.” Cal. Wel. & Inst. Code § 317.

The child’s attorney acts as a guardian ad litem. Cal. Welf. & Inst. Code § 317(c)(2).  The attorney is required to “advise the court of the child’s wishes” if the child is four years of age or older, but counsel is not permitted to “advocate for return of the child if, to the best of [the attorney’s] knowledge, return of the child conflicts with the protection and safety of the child.” § 317(e)(2); see also Cal. Welf. & Inst. Code § 16001.9 (which is applicable to “[a]ll children placed in foster care, either voluntarily or after being adjudged a ward or dependent of the juvenile court pursuant to Section 300, 601, or 602,” and provides an enumerated list of rights to children, including the right “to have an attorney appointed to advise the court of the child’s wishes … and to request a hearing if the child feels their appointed counsel is not acting in their best interest or adequately representing their legal interests.”) (emphasis added).