A Child's Voice Will Be Heard in Parental Termination Hearing
As attorneys who represented amici in the recent Pennsylvania Supreme Court case In re L.B.M., we write to respond to the June 26, public interest column describing the Pennsylvania Supreme Court's decision in that case, ("Providing a Voice for the Child in Court"). With respect for our colleagues at the Support Center for Child Advocates, we believe that this column understates both the breadth and the clarity of the court's holding in that case.
September 11, 2017 at 04:59 PM
4 minute read
As attorneys who represented amici in the recent Pennsylvania Supreme Court case In re L.B.M., we write to respond to the June 26, public interest column describing the Pennsylvania Supreme Court's decision in that case, (“Providing a Voice for the Child in Court”). With respect for our colleagues at the Support Center for Child Advocates, we believe that this column understates both the breadth and the clarity of the court's holding in that case.
In re L.B.M. is a landmark opinion establishing definitively that when a child's right to a lifelong relationship with her family might be severed in a contested termination of parental rights hearing, she is entitled to a client-directed attorney who fulfills the traditional role of counsel and advocates for her wishes before the court. The Supreme Court, in its “main opinion” joined by five of the seven justices, held it is “evident from the plain, unambiguous language of the statute that a lawyer who represents the child's legal interests, and who is directed by the child, is a necessity.” The main opinion further held that failure to appoint legal counsel for a child warrants automatic reversal of a termination of parental rights decree. None of these holdings was limited to the facts of the case.
The opinion creates no ambiguity in the meaning of the term legal interests. In fact, the court itself resolves any ambiguity in the term by stating that legal interests “are synonymous with the child's preferred outcome.” The court further cites to a comment to the Rules of Juvenile Court Procedure, which explains that legal interests representation requires the child's attorney “to express the child's wishes to the court regardless of whether the attorney agrees with the child's recommendation.”
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