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To Be or Not to Be: How to Know When a Parent Attorney in a TPR Is Provisional Counsel and What That Means for Withdrawing

This entry was contributed by Timothy Heinle on April 9, 2021 at 3:15 pm and is filed under Child Welfare Law.

Consider the common scenario in which a proceeding under Article 11 of G.S. Chapter 7B is filed to terminate a parent’s rights to their child. How and when an attorney is appointed for the respondent parent in a termination of parental rights proceeding (TPR), whether the attorney is provisional or confirmed, and how the attorney may withdraw, depends on a few factors. Ongoing confusion on these points has led to several appeals in recent years, including a new ruling by our Supreme Court. See In re K.M.W., 376 N.C. 195 (2020). This post reviews the governing principles under North Carolina case law and statutes. Continue Reading
This entry was tagged with the following terms: abuse, abuse neglect and dependency, court appointed counsel, neglect, provisional counsel, termination of parental rights.

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