BURGER, C.J., Concurring Opinion

SUPREME COURT OF THE UNITED STATES

452 U.S. 18

Lassiter v. Department of Social Services

CERTIORARI TO THE COURT OF APPEALS OF NORTH CAROLINA

CHIEF JUSTICE BURGER, concurring.

I join the Court's opinion and add only a few words to emphasize a factor I believe is misconceived by the dissenters. The purpose of the termination proceeding at issue here was not "punitive." Post at 48. On the contrary, its purpose was protective of the child's best interests. Given the record in this case, which involves the parental rights of a mother under lengthy sentence for murder who showed little interest in her son, the writ might well have been a "candidate" for dismissal as improvidently granted. See ante at 333. However, I am content to join the narrow holding of the Court, leaving the appointment of counsel in termination [p35] proceedings to be determined by the state courts on a case-by-case basis.