Summary
The New York Court of Appeals held that an indigent parent facing termination of parental rights is entitled to the effective assistance of assigned counsel. The court concluded that counsel's failure to communicate with the mother before the fact-finding hearing, request an adjournment, and adequately prepare deprived her of meaningful representation. The court reversed the Appellate Division's order and remitted the matter to Family Court for a new hearing.
Topics
Practice areas
Questions Presented
- Whether the right to assigned counsel in a proceeding to terminate parental rights includes the right to effective assistance of counsel.
- Whether assigned counsel provided ineffective assistance when he had not communicated with the parent before the fact-finding hearing, failed to request an adjournment to consult with her, and appeared unprepared to proceed.
- Whether the mother was entitled to a remedy based on ineffective assistance apparent on the face of the record.
Holdings
- The right to assigned counsel in proceedings to terminate parental rights necessarily encompasses the right to effective assistance of counsel.
- Under the circumstances shown on the record, the mother was deprived of effective assistance of counsel because counsel failed to request even a brief adjournment to communicate with her before the fact-finding hearing and was not prepared to represent her meaningfully.
- A parent who establishes ineffective assistance of counsel on the face of the record in a parental-rights-termination proceeding is entitled to a remedy.
Key quotations
“We conclude that the parent was deprived of the right to the effective assistance of counsel to which she was entitled.” (*1)
“We agree with the Appellate Division—as do all parties to this appeal—that the right to assigned counsel in proceedings to terminate parental rights necessarily encompasses the right to effective assistance of counsel.” (*2)
“With so much at stake, counsel could not allow the fact-finding hearing to begin without at least requesting a brief adjournment to discuss the proceeding and its implications with his client.” (*3)
“Accordingly, the order of the Appellate Division should be reversed, without costs, and the matter remitted to Family Court for a new hearing.” (*4)
Factual background
The mother of twins born in 2020 faced termination of her parental rights in a permanent-neglect proceeding. Although counsel had been assigned more than two months earlier, he had not spoken with her before the fact-finding hearing began; after learning that she would not surrender her rights, he did not request an adjournment to consult with her or review the records on which the agency relied. The court proceeded with the hearing, permitted the mother to waive counsel and represent herself, and later denied an immediate request for counsel before granting only brief recesses for telephone consultation.
Procedural history
The Onondaga County Department of Children and Family Services commenced a proceeding to terminate the mother's parental rights. Family Court found the mother in default, later conducted fact-finding and dispositional hearings, determined that she had permanently neglected the children, and terminated her parental rights. The Appellate Division affirmed, rejecting her ineffective-assistance and counsel-waiver claims. The Court of Appeals reversed and remitted for a new hearing.
Remand instructions
Remand to Family Court, Onondaga County, for a new hearing.