Rule 5.663.Responsibilities of children’s counsel in delinquency proceedings (§§ 202, 265, 633, 634, 634.3 634.6, 679, 700)

Division 3. Juvenile Rules · Chapter 11. Advocates for Parties · Last amended 2023 · Last verified September 10, 2026

In one sentenceRule 5.663 defines the role of a child’s counsel in delinquency proceedings: expressed-interest advocacy, confidentiality, and representation at every stage including after disposition.

Full Text of Rule 5.663

Text sizeJump to: (a) (b) (c) (d)

(a) Purpose

This rule is designed to ensure public safety and the protection of the child’s best interest at every stage of the delinquency proceedings by clarifying the role of the child’s counsel in delinquency proceedings. This rule is not intended to affect any substantive duty imposed on counsel by existing civil standards or professional discipline standards.

(b) Responsibilities of counsel

A child’s counsel is charged with providing effective, competent, diligent, and conscientious advocacy and making rational and informed decisions founded on adequate investigation and preparation. Counsel must maintain a confidential relationship with the child and provide legal representation based on the child’s expressed interests.

A child is entitled to have their interests represented by counsel at every stage of the proceedings, including in the postdispositional phase. Counsel must continue to represent the child unless relieved by the court upon the substitution of other counsel, or for cause.

(d) Limits to responsibilities

A child’s counsel is not required:

(1) To assume the responsibilities of a probation officer, social worker, parent, or guardian;

(2) To provide nonlegal services to the child; or

(3) To represent the child in any proceedings outside of the delinquency proceedings.

End

Plain-English Summary

This short rule settles a question that recurs in juvenile practice — whose instructions does the lawyer take? In delinquency, counsel provides legal representation based on the child’s expressed interests, not the lawyer’s view of the child’s best interests, and maintains a confidential relationship with the child. The advocacy must be effective, competent, diligent and conscientious, with rational and informed decisions built on adequate investigation and preparation.

Representation runs through every stage of the proceedings, including the postdispositional phase, and counsel continues unless relieved by the court on substitution or for cause.

The limits are stated as plainly as the duties. Counsel need not take on the role of probation officer, social worker, parent or guardian, need not provide nonlegal services, and need not represent the child in proceedings outside the delinquency case.

The rule is about clarifying the role. It is not meant to alter any substantive duty that existing civil or professional discipline standards already impose.

Frequently Asked Questions

Does a delinquency lawyer advocate for the child’s wishes or their best interests?

The child’s expressed interests. Counsel must maintain a confidential relationship with the child and provide legal representation based on what the child expresses.

How long does the representation last?

Through every stage of the proceedings, including the postdispositional phase. Counsel must continue unless relieved by the court on substitution of other counsel or for cause.

What is counsel not required to do?

Assume the responsibilities of a probation officer, social worker, parent or guardian; provide nonlegal services; or represent the child in proceedings outside the delinquency case.

Amendment History

Rule 5.663 amended effective July 1, 2023; adopted as rule 1479 effective July 1, 2004; amended and renumbered effective January 1, 2007.

(Subd (b) amended effective July 1, 2023.) (Subd (c) amended effective July 1, 2023; previously amended effective January 1, 2007.) (Subd (d) amended effective January 1, 2007.)

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified September 10, 2026. · Official source

Also known as: delinquency counsel responsibilities Californiaexpressed interests juvenile defensechild counsel postdispositional delinquencyrole of minor counsel delinquency