Z.O., In re (2022) G060663 G060663; filed 4/27/22. ![[Files/CaseFiles/G060663.PDF]] [Opinion PDF](https://www.courts.ca.gov/opinions/archive/G060663.PDF) ## Rule excerpts Published Discussion I; quoting In re James F. (2008) 42 Cal.4th 901, 910-911. Filed April 27, 2022; modified May 24, 2022 to conditionally affirm and remand. The quoted passage was unchanged. > “In a dependency case, a parent who is mentally incompetent must appear by a guardian ad litem appointed by the court. [Citations.] The test is whether the parent has the capacity to understand the nature or consequences of the proceeding and to assist counsel in preparing the case. [Citations.] The effect of the guardian ad litem’s appointment is to transfer direction and control of the litigation from the parent to the guardian ad litem, who may waive the parent’s right to a contested hearing. [Citations.] [¶] Before appointing a guardian ad litem for a parent in a dependency proceeding, the juvenile court must hold an informal hearing at which the parent has an opportunity to be heard. [Citation.] The court or counsel should explain to the parent the purpose of the guardian ad litem and the grounds for believing that the parent is mentally incompetent. [Citation.] If the parent consents to the appointment, the parent’s due process rights are satisfied. [Citation.] A parent who does not consent must be given an opportunity to persuade the court that appointment of a guardian ad litem is not required, and the juvenile court should make an inquiry sufficient to satisfy itself that the parent is, or is not, competent. [Citation.] If the court appoints a guardian ad litem without the parent’s consent, the record must contain substantial evidence of the parent’s incompetence.” (In re James F. (2008) 42 Cal.4th 901, 910-911.) — Z.O., In re (2022) G060663, slip op., p. 8.