J.G.W. v. Greene Cnty. Juvenile Office
J.G.W. v. Greene Cnty. Juvenile Office
Opinion of the Court
K.N.P. (Mother) appeals from a judgment terminating her parental rights to her son, J.G.W. The judgment also terminated the parental rights of the father, who voluntarily consented to the termination. Mother presents two points. Because her first point is dispositive, we do not address the second point. Mother's first point contends the trial court erred in terminating her parental rights because there is no proof in the record that she was notified of her right to counsel, as required by § 211.462.
The facts relevant to the dispositive issue can be briefly summarized. During the underlying abuse and neglect proceedings, Mother was represented by attorney Rina Edge (Edge). On March 6, 2017, a permanency hearing was held. During that hearing, Edge was granted permission to withdraw as Mother's attorney due to lack of contact and Mother's failure to appear in court.
*929On March 8, 2017, the petition for termination of parental rights (TPR) was filed. Two summons issued to Mother were returned non est. Mother did not appear at trial, and no attorney appeared on her behalf. There is nothing in the record before us showing that Mother was given notice of her right to be represented by counsel in the TPR proceeding.
Mother's point contends the trial court erred in terminating her parental rights because her due process rights were violated, in that there is no proof that she was properly notified of her right to counsel as required by § 211.462. We agree. In relevant part, § 211.462 states:
The parent or guardian of the person of the child shall be notified of the right to have counsel , and if they request counsel and are financially unable to employ counsel, counsel shall be appointed by the court. Notice of this provision shall be contained in the summons . When the parent is a minor or incompetent the court shall appoint a guardian ad litem to represent such parent.
§ 211.462.2 (emphasis added). This statute performs an essential role in protecting the due process rights of a parent threatened with termination of his or her parental rights. Therefore, we strictly apply the terms of § 211.462.2. In re D.P.P. ,
This case is indistinguishable from In Interest of K.S. ,
DANIEL E. SCOTT, J.-CONCUR
WILLIAM W. FRANCIS, JR., J.-CONCUR
All statutory references are to RSMo (2016).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.