Right to counsel

Indigent parents have a right to counsel in abuse/neglect cases. N.C. Gen. Stat. §§ 7A-451(a)(12); 7B-602(a).  Representation “continues through any critical stage of the action or proceeding". N.C. Gen. Stat. § 7A-451(b).

Where a permanency order has been entered and a parent merely maintains the right to seek a modification of a court order (e.g., a visitation modification), the case is not considered to be at a critical stage. See e.g., In the Matter of A.A., J.R., No. COA23-1127, 2024WL3041378 (N.C. Ct. App. June 18, 2024).   However, if a modification is sought and the court's jurisdiction again becomes "active", counsel is reappointed for the parent on a provisional basis. See id. at *2 ["'when a motion is filed to conduct a modification hearing under § 7B-1000 and counsel for respondent parents appointed through § 7B-602 have been released, the court shall appoint provisional counsel pursuant to § 7B-602.' N.C.G.S. § 7B-1000(d) (cleaned up)."].

The fact that a parent consents to adoption does not eliminate the right to counsel, where the request for consent to adopt stemmed from an abuse/neglect proceeding. In the Matter of Maynard, 448 S.E.2d 871, 874 (N.C. Ct. App. 1994).