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IN RE ADOPTION OF L.B.M.

No. 84 MAP 2016 No. 85 MAP 2016.

161 A.3d 172 (2017)

IN RE: ADOPTION OF: L.B.M., a Minor. Appeal of: J.P., Mother. In re: Adoption of: A.D.M., a Minor. Appeal of: J.P., Mother.

Supreme Court of Pennsylvania.

DECIDED: March 28, 2017.

Attorney(s) appearing for the Case

Kristin Diller Nicklas, Esq. , Nicklas Law Offices, for J.P., Appellant.

Michael John Connor, Esq. , Walker Connor & Spang, LLC, for J.D.M., Appellee.

Kristen B. Hamilton, Esq. , Stiltner, Taccino & Hamilton, for Guardian Ad Litem, Appellee.

Theresa M. Yaukey, Esq. , MidPenn Legal Services, for Franklin County Children and Youth Services, Appellee.

Marsha Levick, Esq. , Riya Saha Shah, Esq. , Lisa Bolotin Swaminathan, Esq. , Juvenile Law Center, for Juvenile Law Center, ACLU of PA, Community Legal Srvs., National Assoc. of Counsel for Children, et al., Amicus Curiae.

Kevin Lewis Quisenberry, Esq. , Community Justice Project, for Community Justice Project, Amicus Curiae.

Benjamin Nelson Zuckerman, Esq. , Juvenile Court Project, for Juvenile Court Project, Amicus Curiae.

Justice Wecht delivers the Opinion of the Court with respect to Part I, Part II(A), and Part II(C), and announces the judgment of the Court. The opinion is joined in full by Justices Donohue and Dougherty. Chief Justice Saylor and Justice Todd join the opinion, except with respect to Part II(B), and the Chief Justice files a concurring opinion, joined by Justice Todd. Justices Baer and Mundy file separate dissenting opinions, which they each cross-join.

OPINION

This case requires us to determine whether 23 Pa.C.S. § 2313(a), which mandates the appointment of counsel for children involved in contested involuntary termination of parental rights ("TPR") proceedings, is satisfied by the appointment of a guardian ad litem ("GAL") provided that...

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