In the Matter of: M.E., M.E., R.B., M.B., S.B.

Mother and father of three children appeal termination of their respective parental rights. Mother appeals arguing that the trial court erred in finding persistence of conditions sufficient to terminate her rights. We reverse, finding that the Department failed to make reasonable efforts to reunite Mother with her children. Father appeals alleging that he was denied counsel and/or the effective assistance of counsel. The trial court appointed counsel to represent Father but thereafter relieved appointed counsel without stating a basis and did not appoint substitute counsel. Father retained an attorney on the eve of trial but this retained attorney only appeared on four of the seven days of trial and was absent during significant portions of the days he attended. Since the trial court initially found that Father was entitled to appointed counsel and never made a finding that Father was no longer entitled to appointed counsel or that he had waived the right to counsel, we find that the trial court erred when it failed to appoint substitute counsel. Father attempted to retain counsel; however, retained counsel's repeated failures to attend the hearings was equivalent to Father having no counsel. Thus, Father was deprived of the right to counsel. Accordingly, we vacate the judgment terminating Father's parental rights.