Children
Mother Who Placed Child in Short-term Foster Care with Private Agency had Right to Counsel before Termination Trial Began
Eva Klain
Indigent mother had a constitutional and statutory right to court-appointed counsel beginning before termination of parental rights trial when private adoption agency first decided to proceed with an adoption over her objection. Once a private adoption agency decides to seek adoption over the objection of a parent, that parent has the right to counsel. In the future, a state-licensed private adoption agency must advise the court at the same time that it notifies an indigent parent it plans to proceed with adoption so counsel can be appointed. Whether the child is entitled to representation should also be considered.