Dept. of Human Services v. C. M. W.

"A parent raising an inadequate-assistance claim bears the burden of proving 'not only that trial counsel was inadequate, but also that the inadequacy prejudiced the parent's rights to the extent that the merits of the juvenile court's decision are called into serious question.'" Dept. of Human Services v. M. E., 297 Or App 233, 245, 441 P3d 713 (2019).

Mother appealed the juvenile court's termination of her parental rights. On appeal, Mother argued she did not receive the statutorily required notice of the time and place of the trial, and therefore, the juvenile court plainly erred when it terminated her parental rights, considering her absence and the lack of notice. In addition, Mother argued she received inadequate assistance of counsel, as her attorney failed to object to the juvenile court proceeding without her when the required notice was not given. "A parent raising an inadequate-assistance claim bears the burden of proving 'not only that trial counsel was inadequate, but also that the inadequacy prejudiced the parent's rights to the extent that the merits of the juvenile court's decision are called into serious question.'" Dept. of Human Services v. M. E., 297 Or App 233, 245, 441 P3d 713 (2019). The Court disagreed with Mother’s plain error argument, finding that the record was not sufficient to establish that the juvenile court plainly erred in the way that Mother suggested. However, the Court further concluded that Mother may have received in adequate assistance of counsel, and therefore, vacated the termination judgment and remanded for further proceedings on Mother’s inadequate-assistance claim.