In re La'Derrick W.

Summary

The Appellate Division reversed a Family Court order terminating the mother's parental rights based on permanent neglect. It held that Family Court abused its discretion by permitting the mother's attorney to withdraw without providing notice, making the purported withdrawal ineffective and requiring reassignment of counsel and a new hearing.

Holdings

1. An attorney of record may withdraw as counsel only upon notice to the client; Family Court abused its discretion by granting the mother's attorney's withdrawal motion without notice to her.
2. Because the purported withdrawal of counsel was ineffective, the termination order was improperly entered as a default order, and the appeal was not precluded.
3. The order terminating parental rights must be reversed and the matter remitted to Family Court for reassignment of counsel and a new hearing on the petition.

Questions Presented

1. Whether Family Court abused its discretion by permitting the mother's attorney of record to withdraw without notice to the mother.
2. Whether the ineffective withdrawal rendered the termination order improperly entered as a default order and permitted appellate review.
3. Whether the matter should be remitted for reassignment of counsel and a new hearing on the termination petition.

Disposition

reversed_and_remanded