Summary
holding an order terminating parental rights should be affirmed when the children were represented by a GAL at the termination hearing but were unrepresented during prior hearings not on direct appeal
Summary of this case from In re A.B.KOpinion
No. 297A07.
Filed January 25, 2008.
Termination of Parental Rights — guardian ad litem representation — termination hearing but not prior hearings
Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 183 N.C. App. 217, 644 S.E.2d 28 (2007), reversing an order entered on 19 December 2005 by Judge Regan A. Miller in District Court, Mecklenburg County. Heard in the Supreme Court 11 December 2007.
North Carolina Guardian ad Litem Program, by Pamela Newell Williams, Appellate Coordinator, and Matt McKay, Attorney Advocate, for appellant Guardian ad Litem; and Mecklenburg County Attorney's Office, by Twyla H. George, for petitioner-appellant Mecklenburg County Department of Social Services. Betsy J. Wolfenden for respondent-appellee mother.
The decision of the Court of Appeals reversing an order terminating respondent's parental rights in her two children is reversed for the reason stated in the dissenting opinion that an order terminating parental rights should be affirmed when both children were represented by a guardian ad litem at the termination hearing but were unrepresented during some prior hearings not on direct appeal to the Court of Appeals.
For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed and that court is instructed to reinstate the order of the trial court terminating respondent's parental rights.
REVERSED.