IN RE PARENTAL RIGHTS AS TO N.D.O.

No. 42937.

115 P.3d 223 (2005)

In the Matter of THE PARENTAL RIGHTS AS TO N.D.O., T.L.O., and T.O. Letesheia O., A/K/A Latesheia O., Appellant, v. The State of Nevada, Division of Child and Family Services, Department of Human Resources, Respondent.

Supreme Court of Nevada.

July 14, 2005.


Attorney(s) appearing for the Case

Mills & Mills and Gregory S. Mills, Las Vegas, for Appellant.

Brian Sandoval, Attorney General, and Dennis C. Wilson, Deputy Attorney General, Carson City, for Respondent.

Before The Court En Banc.


OPINION

PARRAGUIRRE, J.

In considering this appeal, we necessarily examine when a constitutional right to counsel exists in the context of a parental rights termination proceeding, for without this constitutional right, no ineffective-assistance-of-counsel claim will lie. We conclude that the right to counsel must be assessed on a case-by-case basis, consistent with the United States Supreme Court's decision in Lassiter v. Department of Social...

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