In Re Adoption of J.E.F.

902 A.2d 402, 587 Pa. 650, 2006 Pa. LEXIS 1280
CourtSupreme Court of Pennsylvania
DecidedJuly 18, 2006
Docket29-31 WAP 2005
StatusPublished
Cited by28 cases

This text of 902 A.2d 402 (In Re Adoption of J.E.F.) 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 J.E.F., 902 A.2d 402, 587 Pa. 650, 2006 Pa. LEXIS 1280 (Pa. 2006).

Opinions

[654]*654 OPINION

Justice CASTILLE.

This appeal presents two basic and inter-related questions arising out of the desire of appellees, the aunt and uncle of the three minor children who are the subject of the appeal, to adopt the children. The first question is whether Section 2711(a)(5) of the Adoption Act, 23 Pa.C.S. § 2101 et seq., requires the consent of appellant Washington County Children and Youth Agency (the “Agency”) for appellees to have standing to petition to adopt the children. The second question is whether this Court’s holding in In re Adoption of Hess, 530 Pa. 218, 608 A.2d 10 (1992), which recognized that grandparents may intervene in adoption proceedings after parental rights have been terminated, logically supports a holding that the aunt and uncle here had standing to seek to adopt the children and to participate in the adoption proceedings below.1 For the reasons that follow, we find that appellees do have standing. Accordingly, we affirm the decision of the Superior Court, which reversed and remanded the matter to the trial court.

L.F. is the biological mother of C.J.U., born July 31, 1991, J.E.F., born January 10, 1996, and N.G.F., born February 23, 1997. W.U. is the biological father of C.J.U., and K.F. is the biological father of J.E.F. and N.G.F. On October 2, 2003, by order of the Orphans’ Court Division of the Court of Common Pleas of Washington County, the parental rights of the mother and both fathers were terminated, and the Agency was ordered to maintain custody of the children pending a final adoption decree. The two younger children continued placements in two separate foster homes, while C.J.U. remained in a residential group home.

Shortly thereafter, on November 26, 2003, appellees, who are the married sister and brother-in-law of L.F., filed petitions to adopt all three children, proposing to raise them [655]*655together at their home in Maryland.2 C.J.U., who was over 12 years old at the time, signed a consent for adoption by appellees. On the same date, the Agency, apparently acting as intermediary for the foster parents of the two younger children, filed competing petitions for adoption of those two children. The trial court consolidated the petitions, set a hearing date of January 28, 2004, and appointed a guardian ad litem to represent the children. On January 21, 2004, one week prior to the scheduled hearing, the Agency filed a motion to dismiss appellees’ petitions for adoption and a motion requesting de-consolidation of the various adoption petitions. If granted, the latter motion would prevent appellees from participating at all in the foster parents’ adoption proceedings. The motion to dismiss noted, inter alia, that the Agency had “expressly consented” to the adoption of the two younger children by their respective foster families, while the Agency did not consent to the adoption of any of the three children by appellees. For the proposition that such selective (ie., petition-specific) Agency consent was required before appellees could petition for adoption, the Agency cited Section 2711(a)(5) of the Adoption Act, which provides as follows:

(a) General rule. — Except as otherwise provided in this part, consent to an adoption shall be required of the following:
(5) The guardian of the person of an adoptee under the age of 18 years, if any there be, or of the person or persons [656]*656having custody of the adoptee, if any such person can be found, whenever the adoptee has no parent whose consent is required.

Following briefing and oral argument, the trial court entered an order on April 6, 2004, dismissing appellees’ petitions to adopt, finding that they had failed to obtain the “requisite consent” to adopt required by Section 2711(a)(5) and therefore “lacked standing to proceed” under the Act. The court dismissed appellant’s motion to de-consolidate as moot.

After appellees appealed, the trial court filed an opinion in support of its order on May 18, 2004. The court found that, because Section 2711(a)(5) employs the mandatory language “shall,” it “shows a clear requirement of consent of the person or persons having custody of the adoptee.” The court also cited to points made in the Opinion in Support of Affirmance (“OISA”) in Chester County Children and Youth Services v. Cunningham, 540 Pa. 258, 656 A.2d 1346 (1995) (a case involving whether foster parents have standing to adopt absent the . custodial agency’s consent), without recognizing that the opinion did not represent a majority view of that evenly-divided Court.3 Based upon the Cunningham OISA and its construction of the language of the statute, the trial court understood the law to be that, in the case of anyone besides grandparents, “the Agency’s consent is absolutely required.” Trial court slip op. at 4-5. The trial court also rejected appellees’ reliance upon this Court’s grandparent intervention decision in Hess, 530 Pa. 218, 608 A.2d 10, finding Hess distinguishable because Cunningham (again, in actuality, the Cunningham OISA) supposedly limited the application of Hess to grandparents: “For this reason, this Court cannot extend Hess to apply to other blood relatives.” Trial court slip op. at 5. Thus, the trial court seemed to believe that it simply lacked the authority to entertain appellees’ adoption [657]*657petitions or to allow them to participate in the proceedings involving the foster parents’ petitions.

Although the trial court’s order had stated only that appellees lacking standing because they failed to obtain the Agency’s consent to adopt, the court’s subsequent opinion went on, in the alternative, to explain why it believed that the Agency did not unreasonably withhold consent. The court suggested that agency consent to appellees’ petitions in this case was “required pursuant to the best interests of the children.” The court opined that the Agency knew the children, their history, their needs, and what was best for them in terms of their long-care placement. Rejecting the concerns of the guardian ad litem, who had suggested that the views of all persons expressing an interest in the children should be considered and that the three children should be preserved in a family unit, the court noted that the children had not lived as a family unit for more than two years, the two younger children had settled into their foster homes, and each set of foster parents wished to adopt their respective foster child. The court concluded that it was compelled to deny appellees standing to participate in any of the adoption proceedings, and the denial of standing could not be overcome absent “proper consent under the Adoption Act.” Trial court slip op. at 5-8.

On appellees’ appeal, a Superior Court panel reversed in a unanimous, published opinion authored by the Honorable John Bender. In re Adoption of J.E.F., 864 A.2d 1207 (Pa.Super.2004).

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Bluebook (online)
902 A.2d 402, 587 Pa. 650, 2006 Pa. LEXIS 1280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adoption-of-jef-pa-2006.