Donald W. v. Arizona Department of Economic Security

OPINION

KESSLER, Judge.

¶ 1 In this appeal, we determine whether parents have the right to effective assistance of appointed counsel in parental severance hearings and, if so, under which standard we determine whether counsel was ineffective. We confirm prior Arizona law holding that ineffective assistance of appointed counsel may constitute reversible error in the severance context. We further hold that for assistance of appointed counsel to withstand constitutional scrutiny, it must satisfy standards of fundamental fairness.

¶ 2 For the reasons stated below, we conclude that Appellant-Mother…