Termination of Parental Rights

82.13.d Post Appeal Issues-Appellate Courts

In Re Q.K.T., COA04-412, Michael Reece for appellant-father
Absent a determination by the court that the issue of indigency should be re-determined, the respondent's entitlement to counsel continues on appeal, without the necessity of a new affidavit of indigency. Further, an affidavit of indigency, executed pursuant to G.S. § 7A-450 and used by the trial court to determine a respondent's right to appointed counsel at a termination of parental rights hearing, is not a document filed pursuant to Rule 26 or Rule 9 of the Rules of Appellate Procedure. Therefore, the failure to complete, serve or file an affidavit of indigency does not deprive the trial court of subject matter jurisdiction.
COA Opinion