In re Adoption of Ashlee M.B.

31 Pa. D. & C.4th 364, 1996 Pa. Dist. & Cnty. Dec. LEXIS 280
CourtPennsylvania Court of Common Pleas, Berks County
DecidedMay 17, 1996
Docketno. 73806
StatusPublished

This text of 31 Pa. D. & C.4th 364 (In re Adoption of Ashlee M.B.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Berks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Adoption of Ashlee M.B., 31 Pa. D. & C.4th 364, 1996 Pa. Dist. & Cnty. Dec. LEXIS 280 (Pa. Super. Ct. 1996).

Opinion

SCHMEHL, J.,

This matter comes before the court on a petition to terminate the parental rights of William H.B. The child at issue is Ashlee M.B., a female child born on December 20, 1989. The [366]*366child’s mother is Katherine J.A. The child’s natural father is William H.B. David R.A., Katherine’s husband, seeks to adopt Ashlee.

From the time of Ashlee’s birth until she was 5 months old, William lived with Katherine and Ashlee. After William left, Katherine remained at that same address another seven months, during which period William would contact her at that address. Katherine and Ashlee have lived at three other addresses since Ashlee’s birth. William apparently enjoyed regular contact with Ashlee up until June 1992.

Ashlee was in William’s custody from Friday, June 26, 1992 at 6 p.m. through Sunday, June 28, 1992 at 7 p.m. After the child was returned to her, Katherine noted that the child was “not acting right,” was irritable and not sleeping well, and had blood in her diaper. Katherine and David brought the child to the Reading Hospital and Medical Center for an evaluation. The report of the physical exam did not confirm or rule out possible sexual abuse, but found there was no evidence of trauma. The matter was reported to Child Protective Services.

Katherine testified that after June 1992 she cannot recall the next time she spoke with William, although she does recall she saw him at a support hearing in 1994.

William confirmed that he saw Ashlee on a periodic basis up until June 1992. He has not had contact with Ashlee since the alleged abuse incident. In July 1992 he began to meet with Brandy Neider of Berks County Children & Youth Services, who asked that he refrain from visiting the child pending the investigation. He complied with the request. He sent no cards or such to the child because of this request. In the summer of 1992, William had consulted with David Dautrich, Esquire regarding visitation. He claims to have never received copies of certain documents forwarded to At-[367]*367tomey Dautrich by Children & Youth Services and that Attorney Dautrich told him he was having trouble getting the papers from Children & Youth Services. In 1992 he testified that he received no notice that the investigation was complete.

William testified that he did not pursue expungement after he spoke with Attorney Dautrich because he was unemployed and had no stable home, and because he was involved in a car accident in May of 1992 which resulted in him needing 270 stitches in his head. He testified in 1993 he received one letter, and then in May or June of 1994, he learned the investigation was completed after speaking to an attorney regarding visitation. The attorney suggested William contact Children & Youth Services. William testified that he began to seek visitation in 1994 because he was emotionally stable and had married in December of 1993. He now has a daughter named Alissa, born in May of 1995.

Brandy Neider, a Child Protective Services investigator for Berks County Children & Youth Services, testified that she was aware of the report of sexual abuse on Ashlee and that she investigated the report. She told William the results of the investigation, and at the outset of the investigation told him not to see Ashlee until it was completed. She testified that at the end of the investigation she sent a letter to William that the investigation was closed and that the report was indicated. She referred William to Reading Specialists. William saw Dr. Robert Gill one time for an evaluation and allegedly received no report nor any instructions. Ms. Neider sent a report of the sexual abuse allegations to the police. She could not recall ever telling William that he could recommence visitation.

An expungement hearing was held, for which Ms. Neider was present. Ashlee was ruled to be an incompetent witness, and as the matter could not be pursued, [368]*368the record was expunged. It was Ms. Neider’s opinion that the sexual abuse actually occurred. Since the record has been expunged, the court cannot base its decision upon the alleged sexual abuse. However, the alleged sexual abuse incident is integral to this case in that William justifies not pursuing contact with Ashlee prior to the summer of 1994 with the instruction that he was not to have contact with Ashlee and that he never received notice that the investigation was completed. William adamantly denies sexually abusing Ashlee.

Gilbert M. Mancuso, Esquire was appointed as guardian ad litem on behalf of Ashlee. He prepared and presented two reports for the court’s review. It was his finding that, “notwithstanding the outcome of [William’s] expungement attempts, [William] has failed or refused to perform his parental duties and has evidenced a settled purpose of relinquishing his parental claim as to Ashlee, especially as the undersigned does not perceive his justifications for absences from Ashlee’s life to be reasonable.” (Report of guardian ad litem filed February 8,1995, p. 10, paragraph 5.) The guardian ad litem suggested that an independent qualified psychiatrist or psychologist evaluate Ashlee’s “intangible needs,” beyond William’s “tangible” failures to parent her. At the end of this court’s hearing on October 25, 1995, the court proposed, and counsel agreed, that the matter would be continued pending an evaluation. Counsel was given five days to choose an evaluator, and then 15 days to submit proposed guidelines for the evaluator performing the evaluation. Counsel was further given the option to request argument or to submit briefs on the matter. It was not until November 8, 1995 that the court received a fax from Attorney Levan, Katherine’s attorney, which outlined a proposal for evaluation.

On February 2, 1996, this court entered a memorandum and order which set forth the standard for ter[369]*369minating parental rights, including the evidencing of a settled purpose to relinquish parental claim or refusal or failure to perform parental duties, and once that initial burden is met, whether termination will clearly serve the needs and welfare of the child. This court, in an effort to make the best decision as to whether or not William’s parental rights should be terminated, ordered that an evaluation be performed by Peter Thomas, Ph.D. to consider, along with the termination criteria set forth in the memorandum and order, whether the father was a risk to the health, safety and welfare of the child, the likely emotional effects of a continuing relationship with her biological father or the effect of the termination of such contact, the evaluator’s perception of the child’s current state regarding her biological father and stepfather, what bond, if any, the biological father has with the child, and any conclusions as to the mental health of all the parties, most especially because of the allegations of past sexual abuse. The costs for each party were to be borne equally. The order further provided that after the court received the evaluator’s report, either party would have 10 days to request a further hearing on the matter limited to direct and cross-examination of Dr. Thomas, the evaluator. Upon failure to request the court for such a hearing, the court was to render a decision upon the existing record together with Dr. Thomas’s report. On April 1, 1996, Dr. Thomas contacted the court by letter (with copies sent to counsel of record for each party) stating that he had evaluated Katherine, David and the child, but despite repeatedly scheduling William, he failed to appear for the evaluation.

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Bluebook (online)
31 Pa. D. & C.4th 364, 1996 Pa. Dist. & Cnty. Dec. LEXIS 280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adoption-of-ashlee-mb-pactcomplberks-1996.