1. Home
  2. Browse Decisions
  3. Cal.App.4th
  4. 230 Cal.App.4th
  5. 230 Cal.App.4th 219 (2014)
 

IN RE ERNESTO R.

No. B255116.

230 Cal.App.4th 219 (2014)

178 Cal.Rptr.3d 451

In re ERNESTO R., A Person Coming Under the Juvenile Court Law. SANTA BARBARA COUNTY CHILD WELFARE SERVICES, Petitioner and Respondent, v. JASMIN R., Respondent and Appellant.

Court of Appeals of California, Second District, Division Six.

October 1, 2014.

Attorney(s) appearing for the Case

Maureen L. Keaney , under appointment by the Court of Appeal, for Appellant.

Michael C. Ghizzoni , County Counsel, Maria Salido Novatt and Bo L. Bae , Deputy County Counsel, for Respondent.

OPINION

YEGAN, J. —

An attorney in a dependency case has no obligation to file a futile Welfare and Institutions Code section 388 petition to modify an existing order.1 The decision not to do so is not a "failure" within the meaning of ineffective assistance of counsel jurisprudence. Use of the word "failure" carries the connotation of deficiency or negligence, i.e., not doing something that should have been...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases