§ 2313. Representation.
(a) Child.--The court shall appoint counsel to represent the child in an involuntary termination
proceeding when the proceeding is being contested by one or both of the parents. The
court may appoint counsel or a guardian ad litem to represent any child who has not
reached the age of 18 years and is subject to any other proceeding under this part
whenever it is in the best interests of the child. No attorney or law firm shall represent
both the child and the adopting parent or parents.
(a.1) Parent.--The court shall appoint counsel for a parent whose rights are subject to termination
in an involuntary termination proceeding if, upon petition of the parent, the court
determines that the parent is unable to pay for counsel or if payment would result
in substantial financial hardship.
(b) Payment of costs.--The court, in its discretion, may order all or part of the costs attendant to a proceeding
under this part to be paid by the county wherein the case is heard, the adopting parents
or apportioned to both, provided that if the adopting parents shall be ordered to
bear all or a portion of the costs of this part that:
(1) the court may direct that the payment of the fees or a portion thereof may be paid
by a court ordered schedule of payments extending beyond the date of the involuntary
termination hearing; and
(2) the fee shall not exceed $150.
(June 23, 1982, P.L.617, No.174, eff. 60 days; May 21, 1992, P.L.228, No.34, eff.
60 days)
Notes of Decisions
In re T.S., 192 A.3d 1080 (Pa. 2018).
· cites it 8× “, a majority of the Court agreed on several points: (a) in the context of contested termination-of-parental-rights ("TPR") proceedings, the first sentence of Section 2313(a) requires that the common pleas court appoint an attorney to represent the child's legal interests, i.”
In the Int. of: H.H.N., Appeal of: D.B., 296 A.3d 1258 (Pa. Super. Ct. 2023).
· cites it 4× “23 Pa.C.S. § 2313(a). Our Supreme Court has explained that “Section 2313(a) requires the appointment of counsel who serves the child’s legal interests in contested, involuntary TPR proceedings.”
In Re: A.J.R.O., Appeal of: D.C.O., 270 A.3d 563 (Pa. Super. Ct. 2022).
· cites it 4× “in the termination proceedings pursuant to 23 Pa.C.S. § 2313(a).10 See id. (reiterating that, absent a conflict between ____________________________________________ 10 This subsection provides as follows: (a) Child.”
In re K.M., 53 A.3d 781 (Pa. Super. Ct. 2012).
· cites it 2× “’s behalf during the contested termination proceedings pursuant to 23 Pa.C.S. § 2313(a). The following facts are relevant to our review.”
In re K.J.H., 180 A.3d 411 (Pa. Super. Ct. 2018).
· cites it 2× “(recognizing the unique position of children, who have no one to raise failure to appoint statutorily-required counsel on their own behalf); G.”
In Re: G.M.S., a minor, Appeal of: L.N.C., 193 A.3d 395 (Pa. Super. Ct. 2018).
· cites it 2× “We first address Mother's argument that the orphans' court erred by failing to appoint counsel to represent Children's legal interests pursuant to 23 Pa.C.S. § 2313(a) and our Supreme Court's recent holding in In Re Adoption of L.”
In Re:Adopton of: M.D.Q. Appeal of: A.M.-Q. mother, 192 A.3d 1201 (Pa. Super. Ct. 2018).
· cites it 3× “2d 871 (1984) ] (holding 23 Pa.C.S. § 2313(a) creates a statutory right for a child to have counsel appointed who actively advances his or her needs and welfare and owes loyalty exclusively to him or her).”
In Re Adoption of Hess, 562 A.2d 1375 (Pa. 1989).
· cites it 6× “The statute, at 23 Pa.C.S. § 2313, authorizes a court to appoint counsel or a guardian ad litem for the children, but neither the Adoption Act nor any other law bestows upon biological grandparents the right to act on behalf of grandchildren who are not in their custody and…”
In Re: C.M.K., Appeal of: CYS, 203 A.3d 258 (Pa. Super. Ct. 2019).
“2018) (reiterating, in contested termination of parental rights proceedings, 23 Pa.C.S. § 2313(a) requires appointment of counsel to represent child's legal interests, i.”
In Re: J.M., A Minor, Appeal of: A.M., 191 A.3d 907 (Pa. Super. Ct. 2018).
· cites it 2× “3d 172 (2017) instructive, despite that case involving the appointment of counsel in termination of parental rights cases under 23 Pa.C.S. § 2313. Justice Wecht, the author of the lead opinion in L.”
In the Interest of: D.N.G., Appeal of:A.G., 230 A.3d 361 (Pa. Super. Ct. 2020).
· cites it 2× “under 23 Pa.C.S. § 2313(a). The guardian ad litem from the dependency proceedings, Tracy Chambers- Coleman, Esquire, continued to represent the child’s best interests.”
— 23 Pa. Cons. Stat. § 2313(a) — 342 cases
In re T.S., 192 A.3d 1080 (Pa. 2018).
“, a majority of the Court agreed on several points: (a) in the context of contested termination-of-parental-rights ("TPR") proceedings, the first sentence of Section 2313(a) requires that the common pleas court appoint an attorney to represent the child's legal interests, i.”
In the Int. of: H.H.N., Appeal of: D.B., 296 A.3d 1258 (Pa. Super. Ct. 2023).
“23 Pa.C.S. § 2313(a). Our Supreme Court has explained that “Section 2313(a) requires the appointment of counsel who serves the child’s legal interests in contested, involuntary TPR proceedings.”
In Re: A.J.R.O., Appeal of: D.C.O., 270 A.3d 563 (Pa. Super. Ct. 2022).
“in the termination proceedings pursuant to 23 Pa.C.S. § 2313(a).10 See id. (reiterating that, absent a conflict between ____________________________________________ 10 This subsection provides as follows: (a) Child.”
In re K.M., 53 A.3d 781 (Pa. Super. Ct. 2012).
“’s behalf during the contested termination proceedings pursuant to 23 Pa.C.S. § 2313(a). The following facts are relevant to our review.”
— 23 Pa. Cons. Stat. § 2313(b) — 2 cases
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.