Legal Opinion
In Re: Adoption of: A.D.M., A Minor
Supreme Court of Pennsylvania
Decided March 28, 2017No. In Re: Adoption of: A.D.M., A Minor - No. 85 MAP 2016PublishedCited by 1 opinion
1Opinion of the CourtJustice Wecht
This case requires us to determine whether 23 Pa.C.S. § 2313(a), which mandates the appointment of counsel for children involved in contested involuntary termination of parental rights ("TPR") proceedings, is satisfied by the appointment of a guardian ad litem ("GAL") provided that the GAL is an attorney. We hold that it is not.
I. Background
The plain language of Section 2313(a) requires the trial court to appoint a separate, independent attorney to represent a child's legal interests in a TPR case. The trial court erred in failing to appoint such counsel, and the Superior Court erred in…
2Cases cited12 opinions
- Arizona v. FulminanteSupreme Court of the United States · 1991
- Commonwealth v. SpotzSupreme Court of Pennsylvania · 2011
- Commonwealth v. MartinSupreme Court of Pennsylvania · 2010
- Chanceford Aviation Properties, L.L.P. v. Chanceford Township Board of SupervisorsSupreme Court of Pennsylvania · 2007
- Oliver v. City of PittsburghSupreme Court of Pennsylvania · 2011
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3Cited by1 opinion
- In Re: Adoption of: C.E.M. Appeal of: C.E.M.Superior Court of Pennsylvania · 2017