In re Adoption of Chaden M.
Annotate this CaseIn a guardianship proceeding, the juvenile court granted guardianship of Child to the Department of Social Services (DSS). Mother was deemed to have consented to the guardianship because neither she nor her appointed attorney filed a timely notice of objection on her behalf. The court of special appeals reversed. At issue on appeal was whether Mother had a statutory right to effective assistance of counsel despite her failure to file a timely notice of objection and request for counsel. Mother asserted that because DSS alleged that Mother was disabled, she had a right to counsel in the guardianship proceeding. The Court of Appeals affirmed, holding (1) once counsel for Mother had entered her appearance, at the request of DSS and after DSS alleged that Mother may have been disabled, Mother thereafter had a right to effective assistance of counsel as an allegedly disabled parent in a guardianship proceeding; (2) counsel rendered ineffective assistance because, after entering her appearance on behalf of Mother, counsel failed to preserve Mother's right to challenge the guardianship proceedings by failing to file a timely notice of objection; and (3) Mother was entitled to file a belated notice of objection.
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