In re O.M.S-W

Citations

• 2020 Ohio 201

Syllabus

The trial court erred in depriving a mother of her right to counsel during proceedings to terminate her parental rights. Such right to counsel cannot be denied absent careful inquiry into whether the parent has waived it knowingly, voluntarily, and intelligently, and waiver cannot be inferred from an unexplained failure to appear at a hearing. Neither the trial court nor its magistrate considered factors affecting whether the claimed waiver was knowing or intelligent, and appointed counsel apparently did not either attempt to reach his client at the scheduled visitation with her daughter where service of notice of the termination hearing finally was effected, or then request a continuance of that hearing to attempt to communicate with her. Judgment reversed and case remanded.