In Re Adoption of Hess

608 A.2d 10, 530 Pa. 218, 1992 Pa. LEXIS 281
CourtSupreme Court of Pennsylvania
DecidedApril 29, 1992
Docket39 E.D. Appeal Docket 1990
StatusPublished
Cited by58 cases

This text of 608 A.2d 10 (In Re Adoption of Hess) 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 Hess, 608 A.2d 10, 530 Pa. 218, 1992 Pa. LEXIS 281 (Pa. 1992).

Opinions

OPINION

NIX, Chief Justice.

The instant appeal presents the Court with the issue of whether grandparents may be permitted to participate in proceedings for the adoption of their grandchildren. The appeal arises from the Superior Court’s reversal of an order of the Lancaster County Common Pleas Court, Orphans’ Court Division, dismissing the grandparents’ Complaint for Custody and Petition to Intervene in state adoption proceed[220]*220ings instituted after the parents’ rights to the grandchildren were terminated.

Sometime prior to June 15, 1987, Melanie Lynn and Matthew James Hess, four and five-year old siblings, were placed in the custody of the Family and Children’s Service of Lancaster County by their birth parents, Tina Marie Hess and Kenneth John Hess. On September 25,1987, Tina Marie Hess and Kenneth John Hess executed Consents to Adoption. At approximately the same time, the Family and Children’s Service placed the children in their adoptive home. On November 6, 1987, Reports of Intent to Adopt were filed by persons having custody of Melanie Lynn Hess and Matthew James Hess.

The Family Service of Lancaster County filed a Petition to Confirm Consents pursuant to the provisions of Section 2504 of the Adoption Act. A hearing on the petition was scheduled for November 24, 1987, and proper notice of the hearing was sent to the natural parents.

After the hearing, a Final Decree was issued by the trial court confirming the consents and terminating the parental rights of Tina Marie Hess and Kenneth John Hess. This Final Decree transferred custody of the children to the Family Service of Lancaster County, and granted the Family Service “... full authority to consent to the adoption of the minor children ... without further consent of or notification to Tina Marie Hess or Kenneth John Hess.”

The grandparents have asserted repeatedly that they were not informed that the children were being placed with Family Services in June, 1987. They claim that when they were finally told of the parents’ intentions to put the children up for adoption, they attempted to obtain from Family Services information as to the children’s whereabouts and sought an opportunity to express their desire to provide a home for the children and to reunite them with their siblings. The grandparents claim that their efforts were consistently rebuffed by Family Service, which refused to give them any information until January of 1988 when they were notified that the parental rights had been [221]*221terminated. At that time, Mr. and Mrs. Hess filed a Complaint in Equity seeking to enjoin the adoption, to obtain leave to intervene, and other relief. The complaint was dismissed with leave to refile the Complaint in the Orphans’ Court.

On March 17, 1988, the grandparents filed in the Orphans’ Court a “Petition to Intervene and Stay Proceedings,” a “Complaint for Custody,” and “Partial Custody and/or Visitation,” claiming that their personal constitutional rights, as well as provisions of the Adoption Act,1 the Children and Minors Act,2 and the Juvenile Act,3 entitled them to intervene in the adoption proceedings and to seek custody of their grandchildren after the natural rights had been terminated. The trial court granted the preliminary objections of Family Service, and dismissed the grandparents’ petition and complaint without hearing.

The grandparents appealed to the Superior Court, which reversed the trial court’s order, stayed the adoption proceedings, and remanded the matter to the trial court for hearings on the grandparent’s petition and complaint. In re Adoption of Hess, 386 Pa.Super. 301, 562 A.2d 1375 (1989). The Superior Court found that the trial court, in ascertaining the best interests of the child, must consider all evidence bearing on those interests. Id. Where, as here, the party seeking to intervene in the action has lived with the child, has obtained custody of his or her siblings, and has averred that the child’s best interests are contrary to those asserted by the agency, the trial court’s summary dismissal of that party’s complaint amounts to a default of its responsibility to determine the child’s best interest. Family Service appealed that decision to this Court.

Appellant claims that the Superior Court abused its discretion in reversing the Court of Common Pleas. Family Service argues that once the biological parents voluntarily terminated their parental rights and placed the children [222]*222with the agency for placement in an adoptive home, the rights of other biological relatives also cease. Appellant submits that a contrary result would call into question the propriety and finality of adoptions in the Commonwealth. Additionally, Family Service contends that permitting appellees to intervene is unnecessary, because Family Service has no intention of consenting to the grandparents adoption of the children. Appellant insists, and the trial court agreed, that the grandparents have no recognized legal interest in the adoption proceedings and, therefore, are not entitled to participate. As the trial court stated,

The grandparents are not guardians of the children, nor are they the custodians of the adoptees since by decree of termination custody was awarded to the Family and Children’s Service with authority to consent to the adoption. The consent of the grandparents is not required since they are not a party in interest in this adoption proceedings. Thus, the preliminary objections to the Petition to Intervene and Stay Proceedings must be sustained.
Since the grandparents are not a party in interest in the adoption proceedings, they have no right to appear during the pendency of such proceedings and demand custody, partial custody and/or visitation.

In re Adoption of Hess, No. 2211/2, 1987 slip op. at 3-4 (Court of Common Pleas of Lancaster County, April 21, 1988) (emphasis added).

Appellees argue, however, that the Superior Court correctly determined that the trial court’s refusal to consider the grandparents’ assertions was an abdication of its duty to consider all facts bearing upon a determination of the child’s best interests. For the reasons that follow, we agree with appellees’ assertions, and we affirm the Superior Court.

Rule 2327 of the Pennsylvania Rules of Civil Procedure, Pa.R.Civ.P. 2327, governs intervention in a cause of action. In pertinent part, the rule provides the following guidelines:

[223]*223Rule 2327. Who May Intervene
At any time during the pendency of an action, a person not a party thereto shall be permitted to intervene therein, subject to these rules if
******
(3) such person could have joined as an original party in the action or could have been joined therein.

As previously stated, the trial court found that the grandparents had no interest in the proceedings. The trial court’s determination, however, begs the question of whether the grandparents were ever entitled to inject themselves into a series of proceedings designed to effectuate the best interests of two of their grandchildren, especially where, as here, they sought to adopt the children.

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Bluebook (online)
608 A.2d 10, 530 Pa. 218, 1992 Pa. LEXIS 281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adoption-of-hess-pa-1992.