California Registered Dental Hygienist (RDH) Law and Ethics exam

In a court custody case, which statement is accurate?

1. A minor does not hold his/her own privilege

2. The court may appoint an attorney to represent the best interests of the child

3. Parents can waive their child's privilege

4. Parents' attorney can waive privilege on behalf of the client

The correct answer is: The court may appoint an attorney to represent the best interests of the child

The choice indicating that the court may appoint an attorney to represent the best interests of the child is rooted in the principle that children involved in custody cases often require specific legal representation to address their unique needs and circumstances. When a court recognizes that a minor's interests may differ from those of their parents, it can appoint a Guardian ad Litem, or another attorney, to act on behalf of the child's best interests. This ensures that the child's voice is considered in legal proceedings, which is crucial in determining custody arrangements. In contrast, the other options involve complexities regarding legal privilege and representation. A minor typically does not hold the privilege to make certain legal decisions independently, especially in cases involving custody where adult supervision and decision-making are involved. While parents may express their interests regarding their child's welfare, it does not inherently mean they can waive all privileges on behalf of the child, as the nature of legal privileges can be protective of the child's rights. Also, an attorney representing the parents cannot automatically waive privilege for the child without specific consent, as this could compromise the child's legal rights and interests. Thus, the appointment of an attorney for the child ensures that their rights and needs are adequately represented in court.