Adoption of: S.V.C., Appeal of: J.C.

CourtSuperior Court of Pennsylvania
DecidedAugust 20, 2024
Docket364 WDA 2024
StatusUnpublished

This text of Adoption of: S.V.C., Appeal of: J.C. (Adoption of: S.V.C., Appeal of: J.C.) 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: S.V.C., Appeal of: J.C., (Pa. Ct. App. 2024).

Opinion

J-A18026-24

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN RE: ADOPTION OF: S.V.C., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: J.J.C., FATHER : : : : : No. 364 WDA 2024

Appeal from the Order Entered February 29, 2024 In the Court of Common Pleas of Westmoreland County Orphans’ Court at No(s): No. 073 of 2023

IN RE: ADOPTION OF: A.M.C., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: J.J.C., FATHER : : : : : No. 365 WDA 2024

Appeal from the Order Entered February 29, 2024 In the Court of Common Pleas of Westmoreland County Orphans’ Court at No(s): 072-2023

IN RE: ADOPTION OF: L.O.C., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: J.J.C., FATHER : : : : : No. 366 WDA 2024

Appeal from the Order Entered February 29, 2024 In the Court of Common Pleas of Westmoreland County Orphans’ Court at No(s): 074-2023

BEFORE: OLSON, J., MURRAY, J., and BENDER, P.J.E. J-A18026-24

MEMORANDUM BY MURRAY, J.: FILED: August 20, 2024

J.J.C. (Father) appeals from the orphans’ court’s orders terminating his

parental rights to his three minor daughters, S.V.C. (born in August 2013),

L.O.C. (born in October 2015), and A.M.C. (born in February 2018)

(collectively, Children). We affirm.

The orphans’ court summarized the factual and procedural background:

The factual history of this case began with the [Westmoreland County Children’s Bureau (WCCB)] seeking emergency custody of S.V.C., A.M.C., and L.O.C. on May 4, 2022. [] WCCB sought emergency custody after it was discovered that an older [brother] of the [C]hildren named [A.V.C. (born in September 2012)] had been found dead, and Mother1 and Father were considered the prime suspects for this homicide. Following an adjudication hearing on June 7, 2022, services were offered to the [C]hildren to deal with the trauma that [they] suffered, and services were recommended to Mother and Father to address their statuses as indicated perpetrators of physical abuse.

Over the course of the next two years, the [juvenile c]ourt2 held three permanency review hearings at regular intervals. At each hearing, the [c]ourt made a determination as to Father’s level of compliance with the court-ordered services found in the family service plan and[, Father’s] progress made toward achieving reunification with the [C]hildren. Based upon the evidence presented, Father never received a higher rating than minimal compliance and was never found to make any progress toward reunifying the family unit. At the time of adjudication, the [c]ourt found that Father posed a grave threat3 to the [C]hildren ____________________________________________

1 L.E. (Mother) and Father are the parents of all three Children and A.V.C.

2 The same judge presided over the juvenile and orphans’ court proceedings.

3 “As a usual rule, parental visitation is not denied [in dependency matters]

except where a grave threat to the child can be shown.” Int. of L.B., 229 A.3d 971, 976 (Pa. Super. 2020) (citation omitted). “The ‘grave threat’ (Footnote Continued Next Page)

-2- J-A18026-24

if he were to continue having contact with them; therefore, visitation between Father and the [C]hildren [was] suspended at that time. [WCCB] expressed concerns over Father’s criminal history and indicated status as a perpetrator of physical abuse, which would demonstrate an inability to protect the [C]hildren. Additionally, [WCCB] was not confident that Father would be cognizant of the [C]hildren’s mental health needs and be able to offer them the support necessary for their continued development.

During the course of the dependency matter, [WCCB] contracted for service providers to offer mental health, parenting, and anger management services to Father while he remained incarcerated. These services were aimed to address the issues exemplified in Father’s criminal history and involvement with the child welfare system, specifically related to his inability to protect the [C]hildren. While incarcerated, Father participated in a parenting course aimed at addressing self-awareness, self-care, and parenting skills. [WCCB] expressed that, in order for Father to move toward reunification, he would need specific parenting instruction to parent through trauma and minimizing domestic violence risk in the home. After delays in scheduling, Father underwent a mental health assessment while incarcerated, but [WCCB has] not received any indication that Father has followed up with mental health services. Father was able to complete an anger management course while incarcerated[. However, Father has also] been ordered to participate in offender’s counseling and domestic violence counseling. Due to his pending criminal matter and the requirements of the program, Father has not participated in any offender’s counseling. Lastly, Father has not been able to visit with the [C]hildren since they entered care due to the grave risk to the [C]hildren. In sum, Father has been found to be minimally compliant and made no progress toward reunification with the [C]hildren.

[WCCB] petitioned for involuntary termination [of both Mother’s and Father’s parental rights to Children] on August 21, 2023, and an initial hearing was scheduled for October 18, 2023. Because both parents requested a fully contested hearing …, the matter was continued to December 21, 2023. At the time of the December 21, 2023 hearing, both Mother and Father requested a ____________________________________________

standard is met when the evidence clearly shows that a parent is unfit to associate with his or her children.” Id. at 975 n.3 (citation and some quotation marks omitted).

-3- J-A18026-24

continuance and asked the [orphans’ c]ourt to determine whether [a] termination of parental rights hearing should take place while a criminal matter[,which] played a large role in the basis for adjudicating the minor [C]hildren dependent[,] was still pending. The [c]ourt recessed the matter and allowed the parties to submit written argument on the issue, but Mother and Father ultimately withdrew their request and elected to proceed with the hearing on February 1, 2024. On that date, Mother voluntarily relinquished her parental rights, and a contested hearing on the petition to involuntarily terminate Father’s rights began. [The hearing concluded after additional testimony] on February 15, 2024….

Orphans’ Court Opinion, 6/14/24, at 2-4 (footnotes added).

Father was present at the hearing and represented by counsel. Adam

Gorzelsky, Esquire, represented Children as guardian ad litem (GAL) and legal

counsel. GAL indicated there was no conflict between Children’s legal and

best interests. N.T., 2/1/24, at 4.

Documents admitted into evidence4 detailed the facts leading up to

WCCB’s May 4, 2022, application for emergency custody of Children. On

November 23, 2019, WCCB received a referral stating

Father had beat[en] the oldest child[, A.V.C.,] in the home with “some sort of cord[,]” and [A.V.C.] had suffered numerous welts and scratches. The Father late[r] admitted to beating [A.V.C.] with a small belt. The Father was indicated as a perpetrator of physical abuse. The Mother had confronted the Father regarding the injuries, at which time the Father strangled the Mother,

____________________________________________

4 The orphans’ court took judicial notice, without objection by Father, of Father’s ChildLine referral history and criminal history (WCCB Exhibits 1 and 2), as well as the juvenile court’s orders and findings in the dependency matters (WCCB Exhibit 4). See N.T., 2/1/24, at 5-9.

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In re Involuntary Termination of Parental Rights to E.A.P.
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In re T.S.M.
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Bluebook (online)
Adoption of: S.V.C., Appeal of: J.C., Counsel Stack Legal Research, https://law.counselstack.com/opinion/adoption-of-svc-appeal-of-jc-pasuperct-2024.