Involuntary Termination of Parental Rights Right to Counsel Notice
In Re Adoption of C.A.S., PICS Case No. 17-1050 (Pa. Super. June 21, 2017) Strassburger, J. (8 pages).
Orphans' court erred in failing to grant a continuance and in finding that father waived his right to counsel in a hearing to involuntarily terminate his parental rights. Order vacated.
Mother and her boyfriend petitioned to involuntarily terminate father's parental rights. Father appeared pro se at the hearing and requested a continuance to seek counsel. Father explained that he had contacted the legal services organization named in some of the documents he received but that they told him they did not take custody cases. The court focused on the forms provided to father that directed him to file a form with the court to get court-appointed counsel and father's failure to do so and denied the continuance and terminated father's parental rights. Father appealed.
Father argued that the orphans' court erred in terminating his parental rights without providing him with court-appointed counsel. Parents in involuntary termination proceedings had a constitutional right to counsel but a parent could waive that right if he or she was provided with clear instructions on how to petition for counsel but failed to take action. In this case, father received six documents including a blank in forma pauperis statement. Five of the documents included instructions on how to request court-appointed counsel or legal assistance. Two of the documents told father to fill out the enclosed in forma pauperis statement and deliver it to the court. However, three other documents told father to contact the legal services organization to obtain counsel or legal assistance and provided a phone number and address for the organization. Since father could have easily been misled by the conflicting and inaccurate instructions, the trial court erred in finding that he waived his right to counsel and failing to grant a continuance.