In Re: T.S., E.S., minors, Apl. of: T.H.-H. - (majority)Annotate this Case
This appeal involved a proceeding in which parental rights were involuntarily terminated. Throughout the termination proceedings, up to and including the hearing on the termination petition, an attorney guardian ad litem represented the best interests of the children involved. The primary issue presented for the Pennsylvania Supreme Court's review was whether the common pleas court erred in failing to appoint a separate attorney to represent their legal interests. The Court held a child’s statutory right to appointed counsel under Section 2313(a) of the Adoption Act was not subject to waiver. During contested termination-of-parental-rights proceedings, where there is no conflict between a child’s legal and best interests, an attorney-guardian ad litem representing the child’s best interests can also represent the child’s legal interests. As illustrated by the facts of this case, if the preferred outcome of a child is incapable of ascertainment because the child is very young and pre-verbal, there can be no conflict between the child’s legal interests and his or her best interests; as such, the mandate of Section 2313(a) of the Adoption Act that counsel be appointed “to represent the child,” 23 Pa.C.S. 2313(a), is satisfied where the court has appointed an attorney-guardian ad litem who represents the child’s best interests during such proceedings.