217 Cal. App. 4th 441
Cal. Ct. App.2013Background
- Juvenile dependency petition filed Jan 11, 2012 for M.P. (age 11) under Welf. & Inst. Code §300(b),(c).
- Mother A.P. appeals August 7, 2012 order after contested jurisdiction/disposition hearing.
- GAL was appointed for mother following a closed hearing on April 3, 2012; Marsden-type hearing not held.
- Record includes medical and psychological reports detailing mother's alleged severe mental health issues.
- Court ordered M.P. with father; dependency terminated and dismissed on August 7, 2012.
- Appellate issue focuses on GAL appointment and lack of separate Marsden-type hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether GAL appointment for mother was proper | Record showed mother's incompetence, requiring GAL | Mother contested competency and ability to participate | Affirmed GAL appointment supported by record |
| Whether failure to hold a separate Marsden-type hearing was reversible | Marsden-type inquiry unnecessary given GAL | Court should have conducted Marsden review | Not reversible error; GAL addressed concerns; no remand warranted |
| Whether evidence supported mother's legal incompetence to require GAL | Substantial evidence showed delusional beliefs impairing counsel interaction | Evidence insufficient to prove incompetence at statutory level | Substantial evidence supported incompetence necessitating GAL |
| Whether due process required a Marsden-type hearing in dependency context | Proceedings do not require separate Marsden-type hearing; Dependency context differs from criminal Marsden |
Key Cases Cited
- In re Sara D., 87 Cal.App.4th 661 (2001) (appoint GAL when parent unable to participate in proceedings; competence standard adopted)
- In re James F., 42 Cal.4th 901 (2008) (guardianship/guardian ad litem standards; preponderance evidence required; competency determination)
- Marsden, 2 Cal.3d 118 (1970) (right to substitute counsel; basis for inquiry and hearing)