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In the Interest of J. M. B.

The juvenile court erred in denying the mother's request for counsel.

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The mother of J. M. B. appeals from the juvenile court’s order terminating her parental rights. Because appellant was completely and erroneously denied her right to legal counsel during the termination hearing, we vacate the order and judgment and remand this case to the juvenile court for a rehearing. The record shows that J. M. B., then two years old, was removed from appellant’s home in February 2005 based on drug-related allegations. Appellant was subsequently convicted on drug-related charges and given a sentence of 10 years, to serve 7 in incarceration.

In April 2005, the Department of Family and Children Services “DFCS” filed a petition alleging J. M. B. to be deprived, and the juvenile court held a 72-hour detention hearing on the petition. Appellant was appointed counsel and represented at the hearing. Throughout 2005 and 2006, the juvenile court held several hearings on appellant’s case, all of which she attended and some of which she was represented by counsel. For reasons unclear in the record, appellant was not represented during other hearings, although she did waive her right to counsel on at least one occasion.

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