In re Dependency of M.S.R.
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After trial, a judge found that the State had established all statutory and constitutional factors necessary for the termination of Appellant Nyakat Luak's parental rights to her twin sons. Appellant argued on appeal that the trial court erred in finding two of the statutory factors: (1) that the State expressly and understandably offered or provided to her all the necessary services to correct her parental deficiencies; and, (2) that there was little likelihood those deficiencies could be remedied in the foreseeable future. Additionally, Appellant contended the trial judge erred in not appointing counsel to represent her twin sons. Upon review, the Supreme Court found substantial evidence to support the judge's findings. The Court agreed that children whose parents are subject to dependency and termination proceedings have vital liberty interests at stake and may constitutionally be entitled to counsel to protect those interests. "But whether any individual child is entitled to counsel must be decided case by case." The Court held that the deprivation, if any, of a child's right to counsel in such circumstances may be protected by appellate review. Appellant raised her due process claim for the first time on appeal, denying the trial judge of the opportunity to timely consider the issue. Accordingly, Appellant failed to meet her burden of showing reversible error, and the termination of her parental rights was affirmed.
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