In re Samuel A.
The court held that, absent a specific finding of a parent's incompetence, a juvenile court may not appoint a guardian ad litem for that parent in a dependency proceeding, thereby reversing the March 12, 2020 order appointing a guardian ad litem for Patricia A., vacating the subsequent orders barring her direct communication with counsel, and remanding for further proceedings to protect the due-process rights of competent parents in California dependency cases.
Date Filed: September 21, 2021
Case Name: In re Samuel A.
Case Number: B306103
Court: California Court of Appeal, Second Appellate District, Division Seven
(‘The Court decides that a juvenile court may not appoint a guardian ad litem for a parent in a dependency proceeding unless the court makes a specific finding of the parent’s incompetence. Accordingly, the appellate court reverses the March\u202f12,\u202f2020 order appointing a guardian ad litem for Patricia\u202fA., vacates all subsequent orders that barred her from communicating directly with counsel, and remands for further proceedings. This holding limits the use of guardians ad litem as a punitive or administrative tool, reinforcing due‑process protections for competent parents in California dependency (probate‑related) cases.’, ‘c2b55d26’)
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.