Supreme Judicial Court -- January 30, 2012
Facts: Child's legal guardians filed a petition to adopt her pursuant to G.L. c. 210 s3(a), 6. The child's father, who is indigent and whose parental rights would be terminated if the petition were granted, filed an objection to the adoption.
Procedural History: The Probate and Family Court appointed counsel for the father and child. CPCS sought a ruling as to whether it was authorized to compensate counsel in these circumstances. In doing so, CPCS moved to intervene for purposes of asking the judge to reserve and report the question of the father's and child's entitlement to appointed counsel in a case initiated by private parties.
Issue #1: Whether indigent parents have a right to court-appointed counsel in termination/adoption proceedings filed by persons with care and custody of the child?
Yes. The court agreed that an indigent parent has a constitutional right to counsel when an action for adoption is commenced by the would-be adoptive parents, just as the parent would be entitled to counsel had the action been initiated by the department or other agency. This is so because the Supreme Court of the United States has deemed that the interests of parents in their relationships with their children are fundamental and constitutionally protected. The cost to this interest in erroneously terminating the parent's rights is too high to risk without the assistance of counsel. Therefore, an indigent parent facing possible loss of parental rights will not have a meaningful right to be heard without the right to assistance of counsel. This guarantees that the court's decision concerning this fundamental right is made with the “utmost care” and “an extra measure of evidentiary protection.”
Issue #2: Whether children of indigent parents have a right to court-appointed counsel in termination/adoption proceedings filed by persons with care and custody of the child?
Yes. With regard to the child, the court also determined that the child cannot have a meaningful opportunity to be heard in a contested proceeding without the assistance of counsel, regardless of whether the case was initiated by the department, agency, or a private party. Furthermore, children are entitled to appointed counsel in a variety of other cases where the parent-child relationship is at stake. (MS)
