In re Adoption of B.E.M.A.

29 Pa. D. & C.5th 535
CourtPennsylvania Court of Common Pleas, Chester County
DecidedMay 9, 2013
DocketNo. AD-12-0018
StatusPublished

This text of 29 Pa. D. & C.5th 535 (In re Adoption of B.E.M.A.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Chester 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 B.E.M.A., 29 Pa. D. & C.5th 535 (Pa. Super. Ct. 2013).

Opinion

TUNNELL, J.,

In this contested adoption proceeding, the court is called upon to decide whether the adoptee, B.E.M.A., should be adopted by her paternal grandmother, Clementine Mary Arnold, or by her foster parents, Gerald D. and Margaret W. Thompson. The adoptee, now 2 Vz years old, has resided with the latter since her discharge from the hospital where she was bom on October 7, 2010.

The biological father is deceased and the parental rights of the mother were terminated by the court on July 3,2012.

The court heard two days of testimony, on May 1 and May 3, 2012. From the testimony, the court quickly concluded that it is easy to love B.E.M.A. Everyone who has come into contact with her loves her. B.E.M.A. reciprocates easily and naturally with her love.

The court will first address the case presented by Mrs. Arnold. The court is convinced that she is loyal, calm, patient and stable. She raised four boys as a single parent. She has held down a responsible job in the court system [538]*538of the City of Philadelphia for over 35 years. She is proud of her Polish heritage which she wants to instill in her extended family. She is in good health, and her hearing loss has not slowed her in the least. She is well known in the area of Queen Village on Beck Street where she lives. There she maintains a comfortable home with a room all prepared for B.E.M.A.

Although Mrs. Arnold initially offered to become a kinship resource for B.E.M.A. after her birth, a number of adverse circumstances caused her to rescind that offer. The court does not fault Mrs. Arnold in the slightest for doing so, although unfortunately it caused an unexpected delay in her ability to establish a relationship with her granddaughter.

Certain attempts were made during the trial to blame Mrs. Arnold for the drug addiction and tragic death of her son, Christopher Arnold, the baby’s biological father. This was offered as if to suggest that she had failed in some way as a mother, and that the court should draw an adverse inference in this adoption proceeding. Mrs. Arnold did nothing wrong and the court will not draw any such inference.

Out of sheer tenacity, Mrs. Arnold was finally able to arrange for visits with B.E.M.A., at first supervised and later unsupervised at her home in Queen Village. The court finds that the baby fares well during the visits, although there is some anxiety during transfers which is quite understandable for a child of her age. Mrs. Arnold is now “Babcia” to B.E.M.A., that is, “grandma”. B.E.M.A. has [539]*539bonded with Brendan and Andrew Arnold, two of Mrs. Arnold’s other sons, as well as with the neighborhood children on Beck Street.

The time came when reunification was no longer a goal in the planning for B.E.M.A. Chester County Department of Children, Youth and Families considered who might become a permanent adoptive resource for the child. As testified by its witnesses, CYF went through a lengthy process of assessments and visits which culminated in a 4 Y hour long selection meeting. The committee members selected Mrs. Arnold over Gerald and Margaret Thompson for a number of reasons. They considered her to be a “viable relative” who maintained an unwavering commitment to raise B.E.M.A. They cited her tenacity, her heritage, the facts that she was herself a mother, had a long-standing job and exhibited other strengths. CYF’s witnesses testified that Mrs. Arnold and the baby were bonding nicely, but conceded that they would be surprised and concerned if B.E.M.A. were not by now bonded to the Thompsons. Mrs. Arnold advised CYF, and testified later to the court, that if she is permitted to adopt B.E.M.A. she will certainly keep Mr. and Mrs. Thompson in the child’s life.

The court also carefully considered the case presented by Gerald D. and Margaret W. Thompson. They not only showed stability in the length of time they have lived in their home, and in the length of their marriage, but also their talents in the sheltering of foster children. They have had some 16 of them in their home primarily through the auspices of Chester County Department of Children. [540]*540Youth and Families. Their recognized strength is in caring for drug-addicted babies. This is how they came to be chosen when B.E.M.A. was bom without available family resources. If it takes a special gift to nurse a micro-premature baby, or a drug-addicted infant to health, then the Thompsons surely have it.

Mr. Thompson is a mechanic and Mrs. Thompson is a veterinarian. They and their other children live on a 10-acre farmette which includes a bam, barnyard, llamas, potbellied pigs, dogs and cats, lambs, a steer, two ponies and chickens, all fenced in. There is a playset in the front yard. This is the world B.E.M.A. has known all her life. She gets along well with the other children, and refers to Jerry Thompson as “Daddy” and Meg Thompson as “Mommy”. By all accounts, the child has bonded to and is affectionate with the Thompsons, and vice-versa. Developmentally, B.E.M.A. is “on target”.

Although country life differs from city life, from the testimony the court has heard the home settings are both strong and equivalent. The Thompsons as well as Mrs. Arnold have family and friends to support them and, in the court’s estimation, their ability to provide a safe and enriching environment in which to raise B.E.M.A. are both superior. Like Mrs. Arnold, Mrs. Thompson is of Polish extraction. They are both church goers. They both value education. Their approach to discipline is the same.

When it was Mrs. Thompson’s turn, she testified that if permitted to adopt B.E.M.A. she would certainly protect the child’s relationship with her paternal grandmother, [541]*541Mrs. Arnold. Mrs. Thompson stated that she lived with her own grandmother for some years and “understands that bond.” She also testified that “no one else can do it — it’s incredibly important.” Thus, while considering what decision to reach, the court was buoyed by the sworn testimony that the child would not vanish no matter which party prevailed.

One difference was apparent to the court. Mrs. Arnold, as she freely stated, did not understand how the process worked, how CYF was departmentalized, nor whom to call. The Thompsons were very versed in that and were already well known to CYF.

In any event, the court emphasizes that Mrs. Arnold did nothing wrong. Due to events not altogether of her choosing, she could not initially be a kinship resource. Then, at the time of her first visit, she was unfairly accused of breaking the rules by bringing the biological mother to the visit, which was not the case. Meanwhile, the Thompsons were a constant presence in B.E.M.A.’s life. The child regards them today as her parents, naturally enough.

In adoption cases, as in custody matters, the paramount concern of the court is to discern the best interests of the child. In re: Adoption of A.S.H., 449 Pa. Super. 497, 674 A.2d 698 (1996). The determination of what is the “best interests” is made on a case-by-case basis, and requires the trial court to weigh all the factors which bear upon a child’s physical, intellectual, moral and spiritual well being. In the interest of C.F., 436 Pa. Super. 83, 89, 647 [542]*542A.2d 253,256(1994).

The existence of an emotional bond between the child and the prospective parents is an important factor.

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Related

In Interest of CF
647 A.2d 253 (Superior Court of Pennsylvania, 1994)
In Re Adoption of A.S.H.
674 A.2d 698 (Superior Court of Pennsylvania, 1996)
Matter of Adoption of Sturgeon
445 A.2d 1314 (Superior Court of Pennsylvania, 1982)

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Bluebook (online)
29 Pa. D. & C.5th 535, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adoption-of-bema-pactcomplcheste-2013.