Phone: (805) 845-5405 E: info@mysantabarbaralawyer.com

FAMILY CODE SECTION 7860-7864

7860. At the beginning of the proceeding on a petition filed
pursuant to this part, counsel shall be appointed as provided in this
article. The public defender or private counsel may be appointed as
counsel pursuant to this article. The same counsel shall not be
appointed to represent both the child and the child’s parent.

7861. The court shall consider whether the interests of the child
require the appointment of counsel. If the court finds that the
interests of the child require representation by counsel, the court
shall appoint counsel to represent the child, whether or not the
child is able to afford counsel. The child shall not be present in
court unless the child so requests or the court so orders.

7862. If a parent appears without counsel and is unable to afford
counsel, the court shall appoint counsel for the parent, unless that
representation is knowingly and intelligently waived.

7863. Private counsel appointed under this article shall receive a
reasonable sum for compensation and expenses, the amount of which
shall be determined by the court. The amount so determined shall be
paid by the real parties in interest, other than the child, in
proportions the court deems just. However, if the court finds that
any of the real parties in interest are unable to afford counsel, the
amount shall be paid out of the general fund of the county.

7864. The court may continue the proceeding for not to exceed 30
days as necessary to appoint counsel and to enable counsel to become
acquainted with the case.