In Re Adoption of F.D.S.

415 A.2d 23, 490 Pa. 43, 1980 Pa. LEXIS 656
CourtSupreme Court of Pennsylvania
DecidedMay 30, 1980
Docket32
StatusPublished
Cited by6 cases

This text of 415 A.2d 23 (In Re Adoption of F.D.S.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania 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 F.D.S., 415 A.2d 23, 490 Pa. 43, 1980 Pa. LEXIS 656 (Pa. 1980).

Opinion

OPINION OF THE COURT

O’BRIEN, Justice.

This is an appeal from a decree entered in the Court of Common Pleas of Beaver County' Orphans’ Court division, ordering the involuntary termination of appellant’s parental rights with respect to her minor children, F.D.S. and G.M.S.

On February 2, 1978, a petition was filed in the Court of Common Pleas of Beaver County, Orphans’ Court division, by F.M.S. and G.M.S., the paternal grandparents of F.D.S. and G.M.S., minor children, seeking the involuntary termination of appellant’s parental rights. A hearing was held on the petition on March 10, 1978. On October 10, 1978, the court entered a decree nisi, and filed an opinion in support thereof, granting the petition. Exceptions were filed and argued. On May 31, 1979, the Orphans’ Court entered a final decree and filed an opinion dismissing appellant’s exceptions and terminating her parental rights. Hence this appeal.

The facts are as follows: Appellant C.S.S., and M.S. were married on November 16, 1974, and began residing in Johns-town, Pennsylvania. On March 8,1975, F.D.S. was born. In January, 1976, appellant left Johnstown and went to Empo *45 rium, Pennsylvania, to the home of her stepmother to await the birth of her second child. That child, G.M.S., was born on February 7, 1976.

Early in March, 1976, appellant left her children in Emporium and traveled to Aliquippa, Pennsylvania, in Beaver County, to the home of her husband’s parents, appellees herein. At that time, appellant signed a voluntary placement agreement delivering her children into the custody of the Cameron County Child Welfare Services.

In April, 1976, appellant contacted the Child Welfare Services, obtained custody of her children, and on April 10, 1976, returned with them to Aliquippa.

In September, 1976, appellant left her children with appellees and returned to Emporium without them. 1 F.D.S. and G.M.S. have resided with their grandparents, appellees, from that date. In the period from September, 1976, when appellant left her children in appellees’ care, to the March 10, 1978, hearing on appellees’ petition, appellant visited the children twice. The record indicates appellant visited her children in April, 1977, at Easter, for “a few days.” Then again, eight months later, at Christmas, 1977, appellant visited her children. 2

In addition to two visits during the period September, 1976, to March, 1978, appellant communicated with her children via “a few letters,” and a third visit on the eve of the termination hearing in March, 1978. Moreover, commencing in January, 1978, appellant sent five money orders to appellees, totalling $120, for the childrens’ support.

Appellant now advances two general assignments of error; the first assails the sufficiency of the evidence to support the decree.

*46 The standard of our review on an appeal from a decree terminating parental rights is as limited as it is well settled: We will affirm if the decree was supported by competent evidence. In re Adoption of Baby Boy P., 479 Pa. 138, 387 A.2d 873 (1978); Matter of T.M.S. and D.R.S., 476 Pa. 138, 381 A.2d 1263 (1977).

Section 311 of the Adoption Act provides as follows: “§ 311. Grounds for involuntary termination. The rights of a parent in regard to a child may be terminated after a petition filed pursuant to section 312 and a hearing held pursuant to section 313, on the ground that:
(1) The parent by conduct continuing for a period of at least six months either has evidenced a settled purpose of relinquishing parental claim to a child, or has refused or failed to perform parental duties.” Act of July 24, 1970, P.L. 620, No. 208, art. Ill, § 311, 1 P.S. § 311.

We have held that parental rights may be terminated on either of the bases outlined in the statute, that is, when the parent has evidenced a settled purpose of relinquishing parental claim to a child, or where a parent has refused or failed to perform parental duties. Matter of Adoption of David C., 479 Pa. 1, 387 A.2d 804 (1978). Instantly the Orphans’ Court found appellant had refused or failed to perform her parental duties.

It is true that during the period September, 1976 to March, 1978, appellant visited with her children twice, sent “a few letters,” telephoned occasionally to inquire into their condition, and sent $120 toward their support. But we have repeatedly held that, for purposes of this section, “the parental obligation is a positive duty which requires affirmative performance . . . [citations omitted] . . . This affirmative duty encompasses more than a financial obligation; it requires continuing interest in the child and a genuine effort to maintain communication and association with the child . . . [citations omitted] . . . . Because a child needs more than a benefactor, parental duty requires that a parent ‘exert himself to take and maintain a place of importance in the child’s life.’ ” In re Involuntary *47 Termination of Parental Rights of S.C.B. and K.T., 474 Pa. 615, 624, 379 A.2d 535, 540 (1977).

In light of the standard we have enunciated, and in light of the scope of review in such cases, we cannot say the decree of the Orphans’ Court is not supported by competent evidence of record.

Appellant, however, asserts that her failure to perform parental duties, if any, can be reasonably explained, and arose from circumstances beyond her control. Specifically, appellant argues her lack of adequate transportation and finances rendered the trip from Emporium to Aliquippa one very difficult for her to make. Appellant additionally points to two planned visits which she was forced to cancel; one because of car trouble and a second because appellant broke her ankle.

Appellees, however, correctly observe that such obstacles as may have rendered appellant’s parental obligations more difficult of performance were created by appellant herself. Her decision to leave Aliquippa without her children was one voluntarily made, as was her decision not to return. “ . . . [T]he parent must remain cautious not to place himself voluntarily in a position that denies him the full opportunities of being a parent he otherwise would have. If he does place himself in such a position, he has no cause to complain when his performance of parental duties, is judged by a more demanding standard.” Termination of Parental Rights of J.R.M., 96 Dauphin 368, 371 (1974), quoted in Matter of Adoption of David C., supra, 479 Pa. at 10, 387 A.2d at 808. We consequently find no merit in appellant’s assertion that her failure to perform her parental duties may be reasonably explained.

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Bluebook (online)
415 A.2d 23, 490 Pa. 43, 1980 Pa. LEXIS 656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adoption-of-fds-pa-1980.