Domestic Relations – Parent & Child – Termination of Parental Rights – Right to Counsel – Waiver – Guardian ad Litem’s Role

In re P.D.R. (Lawyers Weekly No. 12-06-0418, 8 pp.) (Patricia Timmons-Goodson, J.) Appealed from Mecklenburg County District Court. (Elizabeth T. Trosch, J.) On discretionary review from the Court of Appeals. N.C. S. Ct. Full-text opinion.

Holding: Our Court of Appeals applied G.S. § 15A-1242 to find that a trial court had abused its discretion by allowing the respondent in a termination-of-parental-rights (TPR) proceeding to waive her right to counsel. Section 15A-1242 applies in criminal proceedings and has no application in TPR proceedings.

We reverse the Court of Appeals on the applicability of § 15A-1242. We remand to allow the Court of Appeals to decide whether the role of the guardian ad litem in this case is one of assistance or substitution.