422 So.3d 525
Ala. Civ. App.2025Background
- The mother, L.S.H., appealed a Cullman Juvenile Court judgment that declared her child dependent and awarded custody to the paternal grandparents.
- The paternal grandparents had filed a dependency petition; the mother initially had private counsel, but both withdrew due to her inability to pay.
- The mother submitted an affidavit of substantial hardship, seeking court-appointed counsel, citing her indigency.
- The juvenile court denied her request for appointed counsel, stating it was a "private petition" case, not a State-initiated one.
- Trial proceeded the same day as the denial, with the mother unrepresented; the court awarded custody to the grandparents.
- The mother, through later-retained counsel, challenged the judgment, arguing a denial of her statutory right to counsel under Alabama law, but her postjudgment motion was denied by law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Right to appointed counsel in dependency proceeding | Mother argued the court was statutorily required to inform her of, and appoint her, counsel if indigent, regardless of petitioner. | Paternal grandparents relied on the juvenile court's view that appointment of counsel is unnecessary in private petitions. | Reversed and remanded: Court must determine indigency and appoint counsel if appropriate, as statute applies to all dependency actions, not just those brought by the State. |
Key Cases Cited
- R.H. v. D.N., 5 So. 3d 1253 (Ala. Civ. App. 2008) (right to counsel in dependency proceedings is fundamental and protected by statute)
- Smoke v. State, Dep't of Pensions & Sec., 378 So. 2d 1149 (Ala. Civ. App. 1979) (parents have a protected statutory right to counsel in dependency cases)
- Ex parte D.B.R., 757 So. 2d 1193 (Ala. 1998) (it is the trial court's responsibility, not the appellate court's, to determine indigency for appointment of counsel)