The CASA appointed to represent mother's oldest daughter Tiffany also asserts on appeal that the court abused its discretion in refusing mother's request for a continuance and that the termination proceeding was unfair. We do not address mother's and daughter's first argument because we agree with the second argument, as explained below. State ex rel Juv. It is also the type of proceeding where the need for finality dictates that procedures used, including appeal, be carried out expeditiously. Because of the importance of expeditious resolution of such proceedings, a parent may challenge the adequacy of court-appointed counsel in the course of a direct appeal from a termination on parental rights.
Fundamental fairness emphasizes factfinding procedures.
The requirements of notice, adequate counsel, confrontation, cross-examination, and standards of proof flow from this emphasis. In terms of adequacy of counsel, fundamental fairness does not require any particular theory of the case, and tactical choices by counsel generally will not constitute inadequate assistance. We believe that mother has met that burden here. Mother's trial counsel candidly admitted that he did not prepare to conduct a trial. We do not agree that counsel's inadequacy was due solely to mother's conduct.