Children were placed with CYS and adjudicated dependent due to mother's impending homelessness and father's incarceration. The trial court appointed a GAL for the children at the beginning of the dependency proceedings. Mother was later incarcerated for probation violations. CYS filed a TPR petition and trial court declined to terminate mother's rights finding that she had obtained both housing and employment and attended almost all of her available visits and bonded with the children. Children were scheduled to be reunited with mother but mother was again incarcerated for a probation violation and the GAL filed a second TPR petition citing mother's re-incarceration and the cancellation of her visiting privileges. Mother petitioned for the appointment of counsel for the children, citing §2313(a), and noting that the GAL's position could be adverse to the children's position. The trial court denied mother's petition, focused on the second sentence of §2313(a) which gave the court authority to appoint counsel or a GAL and held that the GAL would best represent the children's interests. The trial court terminated mother's parental rights and she appealed arguing that the trial court erred in denying her motion for appointment of counsel for the children and abused its discretion in terminating her parental rights. A divided panel of the Superior Court affirmed and mother appealed.