347 P.3d 301
Okla. Civ. App.2014Background
- N.L. is an alleged deprived child initially adjudicated deprived and placed with DHS for foster care.
- Mother Tracy Seal failed to complete most ISP requirements and had no contact with N.L. for over two years.
- DHS-witnesses stated termination of parental rights would be in N.L.'s best interests.
- Foster parent testified she would facilitate contact; Mother admitted no contact or financial support.
- Trial court found clear and convincing evidence of failure to correct conditions and that termination was in N.L.'s best interests; the child’s attorney was absent at trial and did not participate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Right to effective assistance of counsel for the child in deprived termination | NL denied effective representation due to absence of counsel | State argues proceedings complied with law and advocacy concerns were not demonstrated | Reversed and remanded for a new trial |
| Standard for assessing counsel's effectiveness in termination cases | Apply Strickland-type standard requiring appellate review of prejudice | State contends the standard is appropriately applied but argues no prejudice shown | Applied the criminal-trial standard for effectiveness in this context |
| Whether absence of child's counsel violated constitutional rights and required reversal | Child's right to counsel and meaningful representation denied | Record shows appointed counsel with limited participation; no clear prejudice shown | Reversed and remanded for new trial for lack of effective assistance |
Key Cases Cited
- In re S.B.C., 64 P.3d 1080 (2002 OK) (standard of proof in termination; relevance to rights)
- In re K.L.C., 12 P.3d 478 (2000 OK CIV APP 98) (effective assistance standard in civil proceedings)
- In re D.D.F., 1990 OK (OK Supreme Court) (parent’s right to counsel mirrors effective-assistance standard)
- In re S.S., 90 P.3d 571 (2004 OK CIV APP 33) (child's right to counsel meaningful representation)
- In re A.F.K., 317 P.3d 221 (2014 OK CIV APP 6) (adopts Strickland standard for effectiveness in termination)
- K.L.C., 12 P.3d 478 (2000 OK CIV APP 98) (prejudice presumed when counsel acts not in client's interest)
- D.D.F., 801 P.2d 703 (1990 OK) (counsel's right to effective assistance; standard applied)