In re C.T.T., 288 N.C. App. 136 (2023)
Held:
Affirmed
- Facts: Father filed a TPR petition against mother and provisional counsel was appointed to mother. Mother was personally served with the petition and summons as was her provisional counsel. Mother’s provisional counsel made arguments to dismiss based on insufficiency of process, which were denied. Mother was not present for the hearing, and the court released provisional counsel. The TPR was granted, and mother appeals. This summary addresses the release of provisional counsel.
- “The purpose of provisional counsel is to ensure a respondent parent’s rights are adequately protected for termination proceedings.” Sl.Op. at 10-11 (citation omitted). The court must determine whether provisional counsel should be retained or released when the parent fails to appear at the hearing.
- The court’s release of provisional counsel was proper under G.S. 7B-1108.1 and -1101.1(a)(1). Mother was personally served. Mother was in communication with her provisional counsel. Counsel was aware that mother would not be attending the hearing. The court inquired of provisional counsel at the TPR hearing about their communication with mother and determined counsel made adequate efforts to inform mother of her rights.
Category:
Termination of Parental RightsStage:
Appointment of CounselTopic: