![]() ![]() The three key elements in determining whether additional procedures are justified can be found in Mathews v. Rather than such a rigid cost-balancing analysis, the court should have taken a looser approach based on fundamental fairness. Any attempted infringement on either interest gives rise to due process protections under the Fourteenth Amendment. The impact on inheritance rights and the family relationship essentially equate to a deprivation of both property and liberty interests. There is a strong interest in preserving the family unit, so the right to appointed counsel should be applied here to protect the parent's right to a meaningful hearing. This may be equal to or even greater than the deprivation of an individual's personal liberty. There is no more fundamental right than the right of a parent to be involved in a child's life and upbringing. In this situation, the long period of incarceration and the mother's previous lack of interest in her child make its conclusion reasonable. The trial court is best positioned to make a determination on whether appointed counsel would be appropriate. ![]() The proceeding to terminate parental rights is not like a criminal proceeding because its goal is to benefit the child rather than punish the parent. There are no grounds to reverse its decision because there is no clear Constitutional right to appointed counsel when personal liberty is not at risk. However, the lower court did not abuse its discretion because it considered each of these factors as they applied to the specific case. In situations such as these, when a parent may not understand all of the complex issues in the proceeding, there may be a high risk of error. There is some conflict between the individual's interests and the state's interests because the state would prefer an efficient, inexpensive resolution to the matter. The government also has a compelling interest in the child's well-being, however, and both sides have an interest in a fair and accurate decision. Granted, the private interest in this case is extremely important because it involves the right to the companionship, care, custody, and management of children. The three main factors to consider in a due process claim are the importance of the private interests, the importance of the government's interests, and the risk of error from using the current procedures. Her parental rights were terminated after the taking of testimony, but she appealed on the grounds that she was entitled to have a lawyer appointed for her. At a hearing where the Department of Social Services sought to terminate her parental rights, she did not indicate that she was indigent and was not represented by an attorney. She later was convicted of murder in an unrelated proceeding and sentenced to a prison term of 25 to 40 years. As a result, she lost custody of the child. Lassiter was found to have neglected her infant son and failed to provide him with adequate medical care. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |