In Re: Adoption of L.B.M.

J.L.P. (“Mother”) and J.D.M. (“Father”) were the parents of A.D.M. (born March 2007) and L.B.M. (born May 2011). Franklin County Children and Youth Services (“CYS”) conducted a home visit with Mother. The visit was prompted by a referral alleging that Mother was on the verge of becoming homeless. Mother contacted CYS seeking to place the children due to her unstable living conditions. At the time, Father was incarcerated. That same day, the trial court ordered the children to be placed with CYS. Soon after, the children were adjudicated dependent. As required by statute, the trial court appointed a GAL for the children at the beginning of the dependency proceedings. Mother pleaded guilty to possession of drug paraphernalia and was sentenced to twelve months of probation. Following Mother’s repeated periods of incarceration, CYS filed a TPR petition. The trial court declined to terminate Mother’s parental rights, finding that Mother, while only recently released from jail, had obtained both housing and employment. However, she would be incarcerated again for probation violations. A second termination hearing was scheduled. The trial court recognized that A.D.M.’s bond with Mother was much stronger than L.B.M.’s, and that A.D.M. would be affected adversely by the termination. However, the trial court found that A.D.M. also had a strong bond with his foster parents, and that it was in A.D.M.’s best interests to sever the bond with Mother because his most important need was permanency. The trial court terminated Mother’s parental rights, finding that Mother had not remedied the conditions leading to the children’s placement. In assessing the children’s best interests, the court found that L.B.M.’s primary bond was with his foster parents. Mother appealed, alleging that the trial court erred in denying Mother’s motion for the appointment of counsel, and that the trial court abused its discretion in terminating Mother’s parental rights. This case required the Supreme Court to determine whether 23 Pa.C.S. sec. 2313(a), which mandated the appointment of counsel for children involved in contested involuntary termination of parental rights proceedings, was satisfied by the appointment of a GAL provided that the GAL is an attorney. The Supreme Court held that it was not. "Because the trial court erred in failing to appoint counsel for the children, and because that error is structural, we remand for a new TPR proceeding following the appointment of counsel. Because of the remand, we need not reach, and we express no opinion regarding, Mother’s challenge to the trial court’s finding on the merits that Mother’s parental rights should be terminated." View "In Re: Adoption of L.B.M." on Justia Law