Does a statutory violation of Section 10 of the Civil Code of Civil Procedure constitute a violation of due process and a failure to render effective assistance of counsel?
California, United States of America
The following excerpt is from Lake Cnty. Dep't of Soc. Servs. v. J.P. (In re J.P.), A135427, A136437 (Cal. App. 2013):
We decline to decide whether this statutory violation constituted a violation of due process and a failure to render effective assistance of counsel because we find no prejudice, even under the stringent due process prejudice test of Chapman v. California (1967) 386 U.S. 18. The premise for minors' argument is their contention the only
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