B.L.v. J.S

434 S.W.3d 61 (2014)

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Nature of the Case

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Facts

B.L. was born to A.R. (M) and F in 2007. F was incarcerated several times after the birth. In 2011 M gave birth to R.J.P wherein the child shows severe signs of drug withdrawal. Family Services filed petitions to have both children removed from the home. F was served in jail. Both children were placed with F’s mother. Eventually Services placed the children with AP. M failed at a reunification plan. Services recommended that AP have permanent relative custody of the children. F was not represented at any of the hearings as he was in jail. On the 2012 Motion for Permanent Relative Custody, F wanted to be transported to the hearing and to have counsel appointed. The court denied appointment of counsel to F. The court awarded custody to AP. AP then filed a petition to adopt B.L. The court appointed a guardian to represent F’s interests. The court denied F’s motion to dismiss based on F not having a lawyer at the prior hearing. A final hearing was held in 2013, and F was represented by counsel. It was clear that F could not care for the child because of his incarceration. F also alleged that AP did not have the requisite familial relationship to adopt Minor Child. The court allowed the adoption, and F appealed.