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In re K.A.S.E.

Court of Appeals of Missouri, Southern District, Second Division

February 14, 2018

IN THE INTEREST OF: K.A.S.E., A minor child under seventeen years of age.
v.
S.L.E., Respondent-Appellant. GREENE COUNTY JUVENILE OFFICE, Petitioner-Respondent,

         APPEAL FROM THE CIRCUIT COURT OF GREENE COUNTY Honorable D. Andrew Hosmer, Associate Circuit Judge

          Nancy Steffen Rahmeyer, P.J.

         S.LE. ("Appellant") appeals from the termination of her parental rights to K.A.S.E. ("Child") on the basis that:

• she qualified for an attorney pursuant to section 211.462,
• she requested an attorney,
• an attorney was appointed for her,
• a date was set for a hearing,
• the hearing was moved to a date three months earlier by the court's own motion,
• one day before the hearing her court-appointed attorney filed a motion to withdraw, admitting that he had mailed the notice to his client and she probably had not received it,
• the court granted the motion to withdraw leaving Appellant unrepresented at the hearing,
• the court proceeded on that day to terminate Appellant's parental rights,
• Appellant appeared at the juvenile court that same day after the hearing and was told the hearing was completed. She requested and received another appointment of counsel a week later.

         We agree with Appellant that the court abused its discretion in granting Appellant's attorney's Motion to Withdraw prior to trial because the action deprived Appellant of her right to counsel and due process of ...


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