Adoption of J.D.T.

796 A.2d 992, 2002 Pa. Super. 88, 2002 Pa. Super. LEXIS 360
CourtSuperior Court of Pennsylvania
DecidedMarch 27, 2002
StatusPublished
Cited by5 cases

This text of 796 A.2d 992 (Adoption of J.D.T.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adoption of J.D.T., 796 A.2d 992, 2002 Pa. Super. 88, 2002 Pa. Super. LEXIS 360 (Pa. Ct. App. 2002).

Opinion

CAVANAUGH, J.

¶ 1 This appeal is from an order dismissing with prejudice a petition for adoption filed by the maternal grandparents of two minor children. The lower court determined that the grandparents did not have standing to adopt because of the limited nature of their relationship with their twin grandsons. We reverse.

¶ 2 The facts, as supported by the record, are that the adoptees are J.T.T. and J.D.T., born on November 23, 1996. The appellant-maternal grandfather, J.G.R., is approximately 69 years of age, and appellant-maternal grandmother, M.R., is approximately 73 years of age.

¶ 3 York County Children and Youth Services (hereinafter the “Agency”) has been involved with the children since they were born since both their mother and their father suffer from addiction problems, involving alcohol and drugs. Because the boys were born prematurely, they remained in the hospital for the first months of their lives. In January, 1997, the parties entered into a protective services agreement. The boys were adjudicated dependent on February 4, 1997, as a result of the mother’s admission into an alcohol rehabilitation program. At that time, the mother was permitted to retain custody of the children since the rehabilitation facility had accommodations for mothers with infant children. However, on or about February 14, 1997, physical custody was transferred to the maternal grandparents. After approximately one week, finding themselves not prepared to care for the infants, the maternal grandparents brought them to a Mend of theirs in Adams County to act as the full-time caregiver. The Agency was notified of this change and it had several phone contacts with the Mend starting on February 20, 1997. The Agency also conducted a field visit of the Mend’s home on March 3,1997, at which time the caseworker indicated that the infants were doing well. In late March, 1997, they were brought back to their maternal grandparents in York County.

¶ 4 At the end of March, 1997, when the mother left the alcohol rehabilitation program prior to completing it, the Agency regained custody of the children from the maternal grandparents and placed them into foster' care. The Agency filed a petition for emergency placement, and, after a hearing, on April 23, 1997, custody was again transferred to the mother, to take effect as soon as space opened up at the rehabilitation center.

¶5 On June 26, 1997, the boys were returned to their mother. She completed the alcohol rehabilitation program on August 8,1997, and informed the Agency that she intended to live with her parents until August 15, 1997. When the mother appeared at a babysitter’s in an inebriated condition on August 19, 1997, the sitter notified the Agency. Mother and maternal grandparents took the children from the sitter, against the wishes of the Agency, who then notified the police. An altercation between the police and the grandfather and mother ensued, which resulted with charges being filed against the grandfather. After this incident, the boys were placed in protective custody by the Agency and their dependency was reaffirmed on August 27, 1997. They have since been put in a succession of four foster home placements, the most recent and final of which occurred in November, 1998, with a family in Franklin County which seeks to adopt the boys.

¶ 6 On at least two occasions in 1998, in April and in October, the grandparents communicated in writing their desire to be considered resources for their grandsons. In the spring of 1999, the maternal grand[994]*994parents participated in the baptism ceremony of the twins.

¶ 7 The parental rights of both mother and father were terminated by the lower court by decree entered on August 12, 1999. The maternal grandparents had filed a petition for adoption on July 9, 1999, and the petition was held in abeyance pending mother’s appeal to this court of the termination order. On July 6, 2000, the appeal was dismissed by this court for failure of mother to file a brief.

¶ 8 Thereafter, counsel for the maternal grandparents took steps to bring the instant petition to the court’s attention for disposition. In the meantime, the foster parents in Franklin County had filed a petition for adoption in Dauphin County. This matter was transferred to York County and the lower court had both petitions before it at the time it dismissed the instant petition for lack of standing.

¶ 9 We have recounted in some detail the extent of the grandparents’ involvement with their grandsons because the lower court engaged in an analysis that assessed on a quantitative basis the extent of the relationship. We find that the nature and quality of the relationship established in this case does not differ in a significant manner from the relationship between grandparents and grandchildren described by the seminal case, In re Adoption of Hess, 530 Pa. 218, 608 A.2d 10 (1992). We read Hess and subsequent case law to establish the existence of standing of grandparents in adoption proceedings even where the relationship between them and their grandchildren does not include periods of extended custody or frequent visitation. It is the fact of consanguinity that confers standing upon the grandparents to seek adoption of their grandchildren.

¶ 10 Relevant portions of the Hess opinion are the following:

Any individual may become an adopting parent. 23 Pa.C.S.A. § 2312.... [T]he [Adoption] Act contemplates that a grandparent might choose to adopt his or her grandchild, and allows the grandparent to benefit from the relationship to the child by relieving the grandparent of the obligation to file a Report of Intention to Adopt. 23 Pa.C.S.A. § 2531(c). Thus while the Act does not reflect a preference for a grandparent’s adoption, it clearly does not exclude grandparents from being considered as prospective adoptive parents. A grandparent seeking to adopt a grandchild also must indicate his or her relationship to that child in the Petition to Adopt. 23 Pa.C.S.A. § 2701(1). This requirement indicates that a relationship between the proposed adoptive parent and the adoptee is a relevant consideration ....
Finally, we think it is important to emphasize that by permitting the grandparents to intervene, we are not guaranteeing that they will prevail. Certainly there may be legitimate factors, such as health or infirmities, which might be construed against the grandparents. Nevertheless, they should be permitted to participate in the proceeding just as any other individual or individuals who seek to adopt a child.

Id. at 13,15.

¶ 11 Particularly pertinent facts in Hess are 1) the children had been in residence with the grandparents for a period of only a few months when they were removed by their father; 2) the parental rights of both mother and father had been terminated at the time the grandparents sought to intervene in the adoption proceedings; and 3) the agency adamantly insisted that it would not consent to the adoption by the grandparents. These facts are similar to the facts in the instant case and militate in [995]*995favor of finding that the grandparents have standing to pursue their adoption petition.

1112 In affirming the denial of standing on behalf of foster parents to file an adoption petition in Chester Cty. v. Cunningham, 540 Pa. 258,

Related

In Re Adoption of G.R.L.
26 A.3d 1124 (Superior Court of Pennsylvania, 2011)
In Re Adoption of J.E.F.
864 A.2d 1207 (Superior Court of Pennsylvania, 2004)
Kb II v. Cbf
833 A.2d 767 (Superior Court of Pennsylvania, 2003)
K.B. v. C.B.F.
833 A.2d 767 (Superior Court of Pennsylvania, 2003)

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Bluebook (online)
796 A.2d 992, 2002 Pa. Super. 88, 2002 Pa. Super. LEXIS 360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adoption-of-jdt-pasuperct-2002.