In re A.K.H., ___ N.C. App. ___ (November 5, 2024)

Held: 
Affirmed
  • Facts: Father was appointed counsel during the child’s neglect and dependency proceedings and later retained private counsel. After at permanency planning hearing, Father consented to the withdrawal of his retained counsel. Father did not participate in later permanency planning hearings or communicate with DSS. Father was appointed new counsel following the filing of the petition to terminate his parental rights (TPR) from which Father appeals. Father’s rights were terminated based on three grounds. Father appeals, arguing the trial court denied his right to counsel.
  • Whether a parent has forfeited or waived their right to counsel is a conclusion of law reviewed de novo.
  • G.S. 7B-1101(a) mandates a parent be represented by counsel during TPR proceedings unless the parent has forfeited or waived their right to counsel. Counsel may withdraw for justifiable cause with permission of the court and reasonable notice to their client. If no notice has been provided, the court must deny the motion to withdraw or grant a reasonable continuance. A parent forfeits their right to counsel when “their actions rise to the level of ‘egregious dilatory or abusive conduct.’ ” Sl. Op. at 8 (citation omitted).
  • Father “waived and forfeited his right to counsel.” Sl. Op. at 10. Father was advised of his right to counsel and elected and was awarded appointed counsel. He later retained his own private counsel who made an appearance in the neglect and dependency case. Father then consented to the withdrawal of his retained counsel. Though previously involved in the case, thereafter Father did not participate in permanency proceedings, request new appointed counsel, engage in his case plan, or communicate with DSS or the child’s GAL until years later when the TPR petition was filed and he was appointed new counsel. Citing In re T.A.M., 378 N.C. 64 (2021), a parent’s repeated failure to communicate with appointed counsel, failure to attend multiple hearings, and avoidance of communication with DSS and other parties delay juvenile proceedings, affect judicial efficiency, and impede the overall objective of the Juvenile Code to achieve permanency for the child at the earliest possible age.
Category:
Termination of Parental Rights
Stage:
Appointment of Counsel
Topic:
Forfeiture of Counsel
Tags:
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forfeiture
counsel