T.W. v. Superior Court CA5

California Court of Appeal Dec 8, 2023 No. F086989Unpublished

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Holding. The court denied the father's petition for extraordinary writ, finding no merit to his claim that the juvenile court erred by failing to appoint separate counsel for his children earlier in the dependency proceedings. The court held that the father failed to demonstrate an actual conflict of interest or that any alleged error resulted in a different outcome.

Issues

Whether the juvenile court erred by failing to appoint separate counsel for the children prior to the section 366.26 hearing setting.
Whether the father has standing to challenge the representation of his children and whether he forfeited the issue by failing to raise it in the trial court.

Disposition. denied

Quotations verified verbatim against the opinion

“We find no merit to father’s argument and, accordingly, we deny the petition for extraordinary writ on the merits.”

“In all other situations, appointment of separate counsel for minors in a sibling group is required only when an actual conflict exists.”

“A court should set aside a judgment due to error in not appointing separate counsel for a child or relieving conflicted counsel only if it finds a reasonable probability the outcome would have been different but for the error.”

Filed 12/8/23 T.W. v. Superior Court CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

T.W., F086989 Petitioner, (Super. Ct. Nos. JD141693-00, v. JD141694-00, JD141695-00, JD141696-00) THE SUPERIOR COURT OF KERN COUNTY,

Respondent; OPINION KERN COUNTY DEPARTMENT OF HUMAN SERVICES,

Real Party in Interest.

THE COURT* ORIGINAL PROCEEDINGS; petition for extraordinary writ. Susan M. Gill, Judge. Law Office of Steven L. Bynum and Steven L. Bynum for Petitioner. No appearance for Respondent. No appearance for Real Party in Interest. -ooOoo-

* Before Levy, Acting P. J., Poochigian, J. and Smith, J.

T.W. (father)1 seeks extraordinary writ relief from an October 10, 2023, order terminating reunification services between him and his four children, between the ages of 10 and six years old, and setting a hearing under Welfare and Institutions Code section 366.262 to consider termination of parental rights and the permanent placement of the children. Father seeks reversal of the order based on the argument that the juvenile court should have relieved the children’s counsel and appointed separate counsel for the children prior to going forward with the October 10, 2023 hearing. We find no merit to father’s argument and, accordingly, we deny the petition for extraordinary writ on the merits. We also deny as moot father’s related request for a temporary stay of the section 366.26 hearing set for February 5, 2024. DISCUSSION Background A section 300 petition was filed against mother and father on December 24, 2020, alleging their four children had suffered, or there was a substantial risk they would suffer, serious physical harm inflicted non-accidentally to them by father and the inability of mother to protect them. Detention hearings were held December 28 and 29, 2020. Following several continuances and a first amended petition, which was filed October 12, 2021, the allegations were found true February 28, 2023, the children were adjudged dependents, and reunification services were denied mother and father. At the six-month review hearing October 10, 2023, both mother and father objected to the setting of the section 366.26 hearing but did not provide any further evidence or authority. The deputy public defender, Robin Walters, who represented all

T.W. v. Superior Court CA5

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