Matter of Parker J. (Beth F.)

Summary

The Court of Appeals held that the right to assigned counsel in a proceeding to terminate parental rights includes the right to effective assistance of counsel. Counsel was ineffective where, despite being assigned more than two months earlier, he had not spoken with the mother before the fact-finding hearing, failed to request an adjournment to consult with her, and proceeded despite her lack of understanding of the proceeding. The court reversed and remitted for a new hearing; the dissent would have found the record insufficient to establish ineffective assistance and criticized the absence of a Family Court procedure for resolving off-record claims.