Right to counsel

However, an adult can be taken into emergency temporary custody without court order if “no other option is available to mitigate the circumstances of that adult,” Cal. Welf. & Inst. Code § 15703(a). Upon taking the adult into custody, the superior court must be notified and protective proceedings must be initiated. Id. at (a), (c). Temporary custody may “not exceed a period commencing at the time the endangered adult has been taken into protective custody to the first court day commencing not more than 72 hours thereafter.” Cal. Welf. & Inst. Code § 15703.1(a).

At the hearings on the petition for emergency protective services, the adult who is the subject of the hearing has the right to counsel regardless of whether they are present at the hearing. Furthermore, “If the person is indigent or lacks the capacity to waive counsel, the court shall appoint counsel. The attorney shall advise the endangered adult of his or her rights in relation to the proceeding and shall represent him or her before the court.” Cal. Welf. & Inst. Code § 15705.30(b).

Because the right to counsel does not attach immediately upon initiation of protective custody, we have classified the right to counsel as “qualified.”