In a Decision – Div. of Child Protection and Permanency v. Q.W. (an "Unreported Decision") >> the Court Held:
The Appellate Division in proceedings carrying a right to counsel delineated the proper colloquy for a family court to follow in determining whether a waiver of counsel has been made knowingly and intelligently.
Mother argued her waiver of appointed counsel was invalid and family court abused its discretion by allowing the fact-finding hearing to proceed while she was not represented by counsel. The court set out the "abbreviated yet meaningful colloquy" needed to ensure that a parent understood the nature of the proceeding and the issues in proceeding pro se. In this case, the motion judge did not warn mother adequately about the nature of the charges, the potential consequences or the need to comply with judicial rules.