In re: C.D.H., 265 N.C. App. 609

DHHS filed neglect/dependency petition for C.D.H. (Connor) in Sept 2016 after mother’s history of substance abuse, mental-health issues, and unstable housing; child placed in kinship care then foster care.
Mother attended only the initial nonsecure custody hearing (Sept 2016); thereafter she repeatedly missed hearings though was represented by the same court‑appointed counsel at subsequent dates.
DHHS filed to terminate mother’s parental rights in April 2017; multiple continuances occurred and termination was heard on 13 Feb 2018 without mother present.
At the termination hearing mother’s counsel did not move to continue, cross‑examine witnesses, object to evidence, or present argument or evidence on mother’s behalf.
Trial court terminated mother’s parental rights on 7 Mar 2018 (grounds of neglect, failure to pay reasonable portion of care, dependency) and mother timely appealed alleging ineffective assistance of counsel.

Issue	Plaintiff's Argument (DHHS)	Defendant's Argument (Mother)	Held
Whether mother received ineffective assistance of counsel at termination hearing	Counsel’s inaction did not warrant relief; outcome would not have changed	Counsel’s complete lack of advocacy at hearing was deficient and denied a fair hearing	Court remanded for trial‑court factfinding on counsel’s contacts with mother and whether ineffective assistance occurred
Whether mother waived right to effective counsel by failing to attend hearings	N/A	Mother argues she did not waive right and was entitled to effective advocacy despite absences	Court declined to decide waiver on record; remand required to determine if mother’s conduct waived or undermined counsel’s efforts
Whether prejudice can be presumed from counsel’s alleged deficiencies	DHHS and GAL argue no prejudice because outcome would remain the same	Mother argues prejudice from lack of advocacy denied fair hearing	Court held record insufficient to assess prejudice and left prejudice determination to trial court on remand
Whether procedural safeguards were followed in termination proceedings	N/A	Mother contends fundamental fairness required inquiry into counsel’s actions	Court agreed safeguards require inquiry; remanded for hearing to ensure fairness

Santosky v. Kramer, 455 U.S. 745 (U.S. 1982) (parents entitled to fundamentally fair procedures before state severs parental rights)
In re K.N., 181 N.C. App. 736 (N.C. Ct. App. 2007) (discussing due process in parental‑rights terminations)
In re Bishop, 92 N.C. App. 662 (N.C. Ct. App. 1988) (statutory right to counsel includes effective assistance)
In re J.A.A., 175 N.C. App. 66 (N.C. Ct. App. 2006) (standards for proving ineffective assistance in juvenile proceedings)
In re S.N.W., 204 N.C. App. 556 (N.C. Ct. App. 2010) (remanding for inquiry into counsel’s efforts to contact absent parent)
State v. Lawson, 310 N.C. 632 (N.C. 1984) (appellate review confined to the record on appeal)
State v. Davidson, 77 N.C. App. 540 (N.C. Ct. App. 1985) (counsel may refrain from advocacy if preparation reveals nothing to be said)
In re R.R., 180 N.C. App. 628 (N.C. Ct. App. 2006) (client conduct can preclude claims of counsel ineffectiveness)
In re D.E.G., 228 N.C. App. 381 (N.C. Ct. App. 2013) (trial court must inquire into counsel’s efforts before excusing advocacy when parent absent)
State v. Fair, 354 N.C. 131 (N.C. 2001) (IAC claims often require remand for development of factual record)