In Re Sade C. (1996) · DecisionDepot

In Re Sade C.

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Aug 26, 1996 No. S048796Published

Before: Mosk

AI Brief

AI-generated · verify before citing

Holding. The procedures established in Anders v. California and People v. Wende, which require appellate courts to independently review the record for arguable issues when appointed counsel finds no merit in a criminal appeal, do not apply to an indigent parent's appeal from a judgment or order in juvenile dependency or parental rights termination proceedings.

Issues

Does the Anders v. California procedure apply to an indigent parent's appeal from a judgment or order affecting child custody or parental status?
Is an appellate court required to independently review the entire record for arguable issues in juvenile dependency or parental rights termination appeals when appointed counsel finds no merit?

Disposition. affirmed

Quotations verified verbatim against the opinion

“As will appear, our answer is no.”

13 Cal.4th 952 (1996) In re SADE C., a Person Coming Under the Juvenile Court Law.

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN'S SERVICES, Plaintiff and Respondent,

GREGORY C., Defendant and Appellant.

In re VANESSA R., a Person Coming Under the Juvenile Court Law.

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN'S SERVICES, Plaintiff and Respondent,

EDWARD R. et al., Defendants and Appellants.

Docket No. S048796. Supreme Court of California.

August 26, 1996. [958] COUNSEL

Paula C. Mendell, Ellen M. Matsumoto and Judy Weissberg-Ortiz, under appointments by the Supreme Court, for Defendants and Appellants.

[959] Jonathan B. Steiner, Stephanie G. Miller, Bradley A. Bristow and Caremla F. Simoncini as Amici Curiae on behalf of Defendants and Appellants.

No appearance for Plaintiff and Respondent.

OPINION

MOSK, J.

We granted review in this cause to address the question whether Anders v. California (1967) 386 U.S. 738 [18 L.Ed.2d 493, 87 S.Ct. 1396] (hereafter sometimes Anders), which has been considered in decisions including People v. Wende (1979) 25 Cal.3d 436 [158 Cal. Rptr. 839, 600 P.2d 1071] (hereafter sometimes Wende), applies, or must or should be extended, to an indigent parent's appeal from a judgment or order, obtained by the state, adversely affecting his custody of a child or his status as the child's parent. As will appear, our answer is no.

Related research

In No. CK09428, DCS filed a petition requesting the juvenile court to adjudge a minor referred to as Vanessa R. to be within its jurisdiction and to declare her a dependent child. The petition alleged, inter alia, that Vanessa had suffered, or faced a substantial risk that she would suffer, serious physical harm inflicted nonaccidentally by her parents; that she had suffered, or faced a substantial risk that she would suffer, serious physical harm or illness as a result of her parents' failure or inability to furnish adequate supervision or protection; that she was suffering, or was facing a substantial risk that she would suffer, serious emotional damage, evidenced by severe anxiety, depression, withdrawal, or untoward aggressive behavior against herself or others, because of the conduct of her parents and their inability to provide appropriate care; that she was under five years old and had been subjected severe physical abuse at her parents' hands; and that she had been subjected to one or more acts of cruelty by her parents. Facts to the following effect [963] were subsequently established: Vanessa was taken into DCS custody at four months old after she was delivered to a hospital emergency room for treatment of injuries including a fractured clavicle, fractured right arm, and bruises on both knees and (apparently) under her right eye; an emergency room physician was of the opinion that the injuries resulted from abuse and reported the matter; an associate of the child's pediatrician subsequently concurred in that view; the child's mother was Kris M., an "adult teenager[]" and high school graduate, who received Aid to Families With Dependent Children and had normally resided in the home of her mother and stepfather her place of abode at the time of the injuries in question but later moved; the child's father was Edward R., also an "adult teenager[]" and high school graduate, who worked at a grocery store and normally resided in the home of his mother and father.

In Griffin v. Illinois (1956) 351 U.S. 12 [100 L.Ed. 891, 76 S.Ct. 585, 55 A.L.R.2d 1055] (hereafter sometimes Griffin), the court was presented with the question whether the Fourteenth Amendment's due process or equal protection clause was violated when a state provided an indigent criminal defendant, like all others, an appeal as of right; required him to furnish a transcript of trial proceedings for adequate and effective review; but denied him a copy because he was unable to make the purchase for lack of funds. It gave an affirmative answer. Writing for a four-member plurality, Justice Black relied on both the due process clause and its requirement of fundamental fairness and the equal protection clause and its requirement of similar treatment for similarly situated individuals. "[O]ur ... constitutional guaranties of due process and equal protection both call for procedures in criminal trials which allow no invidious discriminations between persons and different groups of persons. Both equal protection and due process emphasize the central aim of our entire judicial system all people charged with crime must, so far as the law is concerned, `stand on an equality before the bar of justice in every American court.'" (Id. at p. 17 [100 L.Ed. at p. 898] (plur. opn. by Black, J.).) "It is true that a State is not required by the Federal Constitution to provide ... a right to appellate review at all. [Citation.] But that is not to say that a State that does grant appellate review can do so in a way that discriminates against some convicted defendants on account of their poverty. Appellate review has now become an integral part of the [state] trial system for finally adjudicating the guilt or innocence of a defendant. Consequently at all stages of the proceedings the Due Process and Equal Protection Clauses protect persons ... from [967] invidious discriminations." (Id. at p. 18 [100 L.Ed.2d at pp. 898-899] (plur. opn. by Black, J.).) "There can be no equal justice where the kind of" appeal "a man gets depends on the amount of money he has. Destitute defendants must be afforded as adequate" and effective "appellate review as defendants who have money enough to buy transcripts." (Id. at p. 19 [100 L.Ed. at p. 899] (plur. opn. by Black, J.).) Concurring in the judgment, Justice Frankfurter rested solely on the equal protection clause. (Id. at pp. 20-26 [100 L.Ed. at pp. 900-903] (cone. opn. of Frankfurter, J.).)

(3) First, Anders establishes certain procedures for state appellate courts that are "prophylactic" in nature. (Pennsylvania v. Finley, supra, 481 U.S. at p. 555 [95 L.Ed.2d at p. 545]; see Penson v. Ohio, supra, 488 U.S. at p. 80 [102 L.Ed.2d at pp. 308-309] [speaking of Anders's "safeguards"].) It does not, however, "set down" any "independent... command" derived from the United States Constitution itself. (Pennsylvania v. Finley, supra, 481 U.S. at p. 555 [95 L.Ed.2d at p. 545]; see Penson v. Ohio, supra, 488 U.S. at p. 80 [102 L.Ed.2d at pp. 308-309].) If, after conscientious examination, appointed appellate counsel, in an indigent criminal defendant's first appeal as of right, moves the appellate court for leave to withdraw on the ground that the appeal is "wholly frivolous," "without merit," or generally "lack[ing] any basis in law or fact" (McCoy v. Court of Appeals of Wisconsin, supra, 486 U.S. at pp. 438-439, fn. 10 [100 L.Ed.2d at p. 453]), these steps must be taken: Counsel must submit an Anders brief which, although a peculiar kind of brief, is a brief nonetheless "referring to anything in the record that might arguably support the appeal." (Anders v. California, supra, 386 U.S. at p. 744 [18 L.Ed.2d at p. 498].) The defendant must next be "furnished" a copy and "allowed ... [time] to raise any points that he chooses...." (Ibid.) The court must then conduct an Anders review, which is a "full examination of all the proceedings ... to decide whether the case is wholly frivolous." (Ibid.) If it does not find any point to be "arguable on [its] merits," it may grant counsel's motion to withdraw and proceed to dismiss the appeal, so far as federal constitutional principles are concerned, or decide it on the merits, if state law requires, on the basis that "the case is wholly frivolous." (Ibid.) By contrast, if it does so find, it must "afford the [defendant] the assistance of counsel to argue the appeal" (ibid.) apparently, either [978] by denying counsel's motion to withdraw or by granting his request and appointing new counsel in his place.

The indigent parent has a "liberty interest ... in the care, custody, and management of" his child. (Santosky v. Kramer, supra, 455 U.S. at p. 753 [71 L.Ed.2d at p. 606]; accord, id. at pp. 758-759 [71 L.Ed.2d at pp. 609-610]; Lassiter v. Department of Social Services, supra, 452 U.S. at p. 27 [68 L.Ed.2d at pp. 649-650]; see In re Marilyn H., supra, 5 Cal.4th at p. 306.) This concern has been characterized as "fundamental." (Santosky v. Kramer, supra, 455 U.S. at pp. 753, 759 [71 L.Ed.2d at pp. 606, 610]; accord, In re Carmaleta B. (1978) 21 Cal.3d 482, 489 [146 Cal. Rptr. 623, 579 P.2d 514]; see Lassiter v. Department of Social Services, supra, 452 U.S. at p. 27 [68 L.Ed.2d at p. 649] [using the term "important"]; id. at p. 31 [68 L.Ed.2d at p. 652] [using the term "extremely important"].) The parent has a [988] derivative "liberty interest" (Santosky v. Kramer, supra, 455 U.S. at p. 753 [71 L.Ed.2d at p. 606]) in the "accuracy and justice" (Lassiter v. Department of Social Services, supra, 452 U.S. at p. 27 [68 L.Ed.2d at p. 650]; see Santosky v. Kramer, supra, 455 U.S. at pp. 760-761, 765 [71 L.Ed.2d at pp. 610-611, 614]) of the resolution of his appeal. This concern has been described as "extremely important" in general (Lassiter v. Department of Social Services, supra, 452 U.S. at p. 31 [68 L.Ed.2d at p. 652]), and in fact "commanding" when parental status is involved and not merely child custody (id. at p. 27 [68 L.Ed.2d at p. 650]; accord, Santosky v. Kramer, supra, 455 U.S. at p. 759 [71 L.Ed.2d at p. 610]; see id. at p. 760 [71 L.Ed.2d at p. 611] [using the term "vital"]).[15] As a theoretical matter, these interests call for Anders's "prophylactic" procedures: they would arguably receive added, and appropriate, protection if steps were taken to ensure that "counsel acts in the role of an active advocate in behalf of his client" (Anders v. California, supra, 386 U.S. at p. 744 [18 L.Ed.2d at p. 498]). It must be noted, however, that the appealed-from decision, which is adverse to the parent and is predicated on detriment he caused or allowed his child to suffer, is presumptively accurate and just. (Cf. McCoy v. Court of Appeals of Wisconsin, supra, 486 U.S. at p. 436 [100 L.Ed.2d at pp. 451-452] [stating that, "[i]f a convicted defendant elects to appeal, ... he must assume the burden of convincing an appellate tribunal that reversible error occurred at trial"].)

The child has a "liberty interest[]" (Santosky v. Kramer, supra, 455 U.S. at p. 754, fn. 7 [71 L.Ed.2d at p. 606]) in a "normal family home" (id. at p. 759 [71 L.Ed.2d at p. 610]), with his parents if possible (id. at p. 760 [71 L.Ed.2d at pp. 610-611]), or at least in a home that is "stable" (In re Marilyn H., supra, 5 Cal.4th at p. 306). This concern has been characterized as "important" (Santosky v. Kramer, supra, 455 U.S. at p. 754, fn. 7 [71 L.Ed.2d at p. 606] [semble]) and even "compelling" (In re Marilyn H., supra, 5 Cal.4th at p. 306). "It is undisputed that children require secure, stable, long-term, continuous relationships with their parents or [other caretakers]. There is little that can be as detrimental to a child's sound development as uncertainty over whether he is to remain in his current `home,' ... especially when such uncertainty is prolonged." (Lehman v. Lycoming County Children's Services (1982) 458 U.S. 502, 513-514 [73 L.Ed.2d 928, 938, 102 S.Ct. 3231].) The child has a derivative "liberty interest[]" (Santosky v. Kramer, supra, 455 U.S. at p. 754, fn. 7 [71 L.Ed.2d at p. 606]) in an accurate and just resolution of his parent's appeal (see id. at pp. 760-761, 765 [71 L.Ed.2d at pp. 610-612, 614]). This concern too might be called "important" (Santosky v. Kramer, supra, 455 U.S. at p. 754, fn. 7 [71 L.Ed.2d at p. 606] [semble]) and even "compelling" (In re Marilyn H., supra, 5 Cal.4th at p. [989] 306).[16] (7c) As a theoretical matter, these interests may either call for, or counsel against, Anders's "prophylactic" procedures. What the parent wants or needs is not necessarily what the child wants or needs. (See Santosky v. Kramer, supra, 455 U.S. at p. 788, fn. 13 [71 L.Ed.2d at pp. 628-629] (dis. opn. of Rehnquist, J.).) If consistent, any added protection arguably given to the parent might benefit the child as well. If inconsistent, however, such protection might effectively cause the child harm by helping the parent. The presumption, evidently, is that the wants and needs of parent and child are inconsistent. As stated, the appealed-from decision, which is predicated on detriment the parent caused or allowed his child to suffer, is presumptively accurate and just. (Cf. Santosky v. Kramer, supra, 455 U.S. at p. 760 [71 L.Ed.2d at p. 611] [stating that, "[a]fter the State has established parental unfitness ..., the court may assume ... that the interests of the child and the natural parents ... diverge"].)[17]

The second element embraces the state's interests. The state has a "parens patriae interest in preserving and promoting the welfare of the child...." (Santosky v. Kramer, supra, 455 U.S. at p. 766 [71 L.Ed.2d at p. 615]; accord, Lassiter v. Department of Social Services, supra, 452 U.S. at p. 27 [68 L.Ed.2d at p. 650].) This concern has been characterized as "urgent" (Lassiter v. Department of Social Services, supra, 452 U.S. at p. 27 [68 L.Ed.2d at p. 650]; accord, Santosky v. Kramer, supra, 455 U.S. at p. 766 [71 L.Ed.2d at p. 615]) and even "compelling" (In re Marilyn H., supra, 5 Cal.4th at p. 307). The state also has an interest in an accurate and just resolution of the parent's appeal. (See Santosky v. Kramer, supra, 455 U.S. at p. 766 [71 L.Ed.2d at p. 615]; Lassiter v. Department of Social Services, supra, 452 U.S. at p. 27 [68 L.Ed.2d at p. 650].) This concern might be called "important" (Santosky v. Kramer, supra, 455 U.S. at p. 754, fn. 7 [71 L.Ed.2d at p. 606]) and even "compelling" (In re Marilyn H., supra, 5 Cal.4th at p. 306). Finally, the state has a "fiscal and administrative interest in reducing the cost and burden of [the] proceedings." (Santosky v. Kramer, [990] supra, 455 U.S. at p. 766 [71 L.Ed.2d at p. 615]; accord, Lassiter v. Department of Social Services, supra, 452 U.S. at p. 28 [68 L.Ed.2d at p. 650].) This concern has been deemed merely "legitimate." (Lassiter v. Department of Social Services, supra, 452 U.S. at p. 28 [68 L.Ed.2d at p. 650].) To be sure, money counts little. "[I]t is hardly significant enough to overcome private interests as important as those" of the indigent parent and his child. (Ibid.) But time counts more. Proceedings such as these "must be concluded as rapidly as is consistent with fairness...." (Id. at p. 32 [68 L.Ed.2d at p. 653].) A "period of time" that "may not seem ... long ... to an adult ... can be a lifetime to a young child." (In re Marilyn H., supra, 5 Cal.4th at p. 310.) "Childhood does not wait for the parent to become adequate." (Ibid. As a theoretical matter, these interests may either call for, or counsel against, Anders's "prophylactic" procedures. They are in opposition to the extent that an economical and expeditious resolution is hindered. They are in support, by contrast, to the extent that an accurate and just resolution is facilitated. But to repeat: The appealed-from decision, which is adverse to the parent and is predicated on detriment he has caused or allowed his child to suffer, is presumptively accurate and just. It presumptively establishes that the child's welfare lies with someone other than his parent.

A similar argument is that Anders's "prophylactic" procedures must be extended beyond an indigent criminal defendant's first appeal as of right in order to reach an indigent parent's appeal from a state-obtained decision adversely affecting child custody or parental status under direct compulsion of the equal protection clause of the Fourteenth Amendment and its requirement of similar treatment for similarly situated individuals. The premise fails. Criminal defendants and parents are not similarly situated. By definition, criminal defendants face punishment. Parents do not. (Lassiter v. Department of Social Services, supra, 452 U.S. at p. 34 [68 L.Ed.2d at p. 654] (conc. opn. of Burger, C.J.).) Criminal defendants, as such, are expressly given protections in the United States Constitution itself. (See U.S. Const., Amends. V, VI, VIII, & XIV, § 1; cf. id., art. III, § 3 [treason].) Parents are not. Moreover, at trial, criminal defendants have a general right under the Fourteenth Amendment's due process clause to the assistance of appointed trial counsel if indigent (Gideon v. Wainwright, supra, 372 U.S. at pp. 336-345 [9 L.Ed.2d at pp. 800-806]), are entitled to fully confront and cross-examine witnesses under the Sixth Amendment as made applicable to the states through the Fourteenth Amendment's due process clause (Pointer [992] v. Texas (1965) 380 U.S. 400, 403-406 [13 L.Ed.2d 923, 925-928, 85 S.Ct. 1065]), and are favored by the imposition on the state of the burden of proof beyond a reasonable doubt, also through the Fourteenth Amendment's due process clause (In re Winship (1970) 397 U.S. 358, 361-364 [25 L.Ed.2d 368, 373-375, 90 S.Ct. 1068]); and, in their first appeal as of right, they have a general right to appointed appellate counsel under both the due process and equal protection clauses of the Fourteenth Amendment (Douglas v. California, supra, 372 U.S. at pp. 354-358 [9 L.Ed.2d at pp. 812-815]). Parents are not so benefited. In analogous proceedings at the trial level, they do not have a general due process right to appointed trial counsel (Lassiter v. Department of Social Services, supra, 452 U.S. at pp. 24-32 [68 L.Ed.2d at pp. 647-653]), are not entitled to full confrontation and cross-examination (In re Malinda S., supra, 51 Cal.3d at pp. 384-385 [semble]), and are not favored through the standard of proof beyond a reasonable doubt (see Santosky v. Kramer, supra, 455 U.S. at pp. 768-770 [71 L.Ed.2d at pp. 616-617]); on appeal, they do not have a general federal constitutional right to appointed appellate counsel, at least not by operation of the due process clause. All this is not to magnify criminal defendants and diminish parents. It is only to show that, for present purposes, they are not similarly situated.[19]

Generally, the Courts of Appeal have confined Anders and Wende to criminal appeals. (See, e.g., In re Olsen (1986) 176 Cal. App.3d 386, 389-392 [221 Cal. Rptr. 772] [holding that Anders and Wende are applicable to criminal appeals of misdemeanors as well as felonies].) They have generally declined to reach into civil appeals. (See, e.g., Berger v. Godden (1985) 163 Cal. App.3d 1113, 1117, fn. 2 [210 Cal. Rptr. 109] [distinguishing Wende in the area of civil appeals]; Grillo v. Smith (1983) 144 Cal. App.3d 868, 873, fn. 3 [193 Cal. Rptr. 414] [same]; see also Adoption of Chad T. (1995) 39 Cal. App.4th 1107, 1108-1109 [46 Cal. Rptr.2d 147] [declining to extend Wende to appeals from a termination of parental rights under the Family Code, which is obtained by a private party and not the state]; cf. Ronald S. v. Superior Court (1995) 34 Cal. App.4th 1467, 1468-1469 [41 Cal. Rptr.2d 139] [declining to extend Wende to proceedings on a petition for "extraordinary relief" challenging a (presumably) adverse order under the juvenile court law].) Exceptions, however, are apparent. (See County of Madera v. Jacobson (1987) 194 Cal. App.3d 569, 570-573 [239 Cal. Rptr. 602] (per curiam) [purporting to extend Wende to paternity appeals]; Conservatorship of Besoyan (1986) 181 Cal. App.3d 34, 36-38 [226 Cal. Rptr. 196] (per curiam) [same as to conservatorship appeals]; Conservatorship of Susan T. (1994) 8 Cal.4th 1005, 1023 [36 Cal. Rptr.2d 40, 884 P.2d 988] (conc. and dis. opn. of Mosk, J.) [following Besoyan]; see also In re Adrian O. (1984) 155 Cal. App.3d 631, 635 [202 Cal. Rptr. 287] [appearing to assume that Wende is applicable to appeals from a termination of parental rights under the juvenile court law]; In re Edward S. (1982) 133 Cal. App.3d 154, 157-158 [183 Cal. Rptr. 733] [same as to appeals from an adjudication of juvenile delinquency under the juvenile court law]; In re Laylah K. (1991) 229 Cal. App.3d 1496, 1498, fn. 1 [281 Cal. Rptr. 6] [same]; In re Deon D. (1989) 208 Cal. App.3d 953, 955-956 [256 Cal. Rptr. 490] [same].)

In Re Sade C.

AI Brief

OPINION

MOSK, J.

More from California Supreme Court

Related research

NOTES

AI Brief