Janet O. v. Superior Court

In Janet O. v. Superior Court (1996) 42 Cal.App.4th 1058, the juvenile court entered an order pursuant to section 317 relieving appointed counsel for indigent parents based on evidence indicating that the parents had lost interest in the proceedings and their children and no longer desired counsel. The parents filed a petition for writ of mandate to set aside the order. ( Janet O., supra, 42 Cal.App.4th at p. 1062.) On review, this court distinguished Tanya H. on the basis that there "it was apparent that the father -- who was present at the review hearing and appealed the decision relieving his counsel -- maintained an interest in the dependency proceedings." ( Id. at p. 1065.) The Court concluded that where it could be demonstrated that a parent no longer desired representation, counsel could be relieved. We held, however, that such a parent was entitled to a noticed hearing. ( Id. at pp. 1066-1067.)