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In the Interest of B. R. F.

The Court found that it had jurisdiction to grant an out-of-time application for discretionary appeal from an order terminating a mother's parental rights, because the mother's due process rights were violated when her court-appointed trial counsel inaccurately informed her that she was not entitled to court-appointed counsel for appeal.

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In granting a mother’s out-of-time application for discretionary appeal of the termination of her parental rights to her minor child, B. R. F., citing In the Interest of S. M. B.,1 we asked the parties to address in their appellate briefs the question of whether this court has jurisdiction to grant the out-of-time appeal. We conclude that, under the circumstances of this case, this court has jurisdiction to grant an out-of-time application for discretionary appeal from an order terminating parental rights. And for the reasons set forth herein, we affirm the trial court’s termination of the mother’s parental rights.

1. In this case, a constitutional violation concerning the appeal occurred when the mother’s right to file an application for discretionary appeal with the assistance of a court-appointed attorney was frustrated because of the ineffective assistance or denial of counsel; therefore, this court has jurisdiction to grant the out-of-time application for discretionary appeal from the order terminating the mother’s parental rights.

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