Christopher Moore, Below v. Charlene M. Hall, Below

Summary

The court held that an indigent parent whom the Family Court determined was entitled to appointed counsel in a termination-of-parental-rights proceeding could not be required to proceed without counsel unless the parent knowingly and intelligently waived or forfeited that right. Because the Family Court neither adequately investigated the request for substitute counsel nor conducted the required waiver inquiry, the termination judgment was reversed and remanded for a new hearing with appointed counsel. The court did not reach the sufficiency of the evidence supporting termination.