In Re: Adoption of K.M.D., a Minor

2021 Pa. Super. 168
CourtSuperior Court of Pennsylvania
DecidedAugust 19, 2021
Docket20 MDA 2021
StatusPublished
Cited by1 cases

This text of 2021 Pa. Super. 168 (In Re: Adoption of K.M.D., a Minor) is published on Counsel Stack Legal Research, covering Superior 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 K.M.D., a Minor, 2021 Pa. Super. 168 (Pa. Ct. App. 2021).

Opinion

J-S17018-21; J-S17019-21

2021 PA Super 168

IN RE: ADOPTION OF: K.M.D., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: E.C., MOTHER : : : : : No. 15 MDA 2021

Appeal from the Order Entered October 23, 2020 In the Court of Common Pleas of Lackawanna County Orphans' Court at No(s): 2020-00030

IN RE: ADOPTION OF: M.G.D., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: E.C., MOTHER : : : : : No. 16 MDA 2021

Appeal from the Order Entered October 23, 2020 In the Court of Common Pleas of Lackawanna County Orphans' Court at No(s): A-31 of 2020

IN RE: ADOPTION OF: K.H.D., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: E.C., MOTHER : : : : : No. 17 MDA 2021

Appeal from the Order Entered October 23, 2020 In the Court of Common Pleas of Lackawanna County Orphans' Court at No(s): A-32 of 2020

IN RE: ADOPTION OF: C.J.D., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA J-S17018-21; J-S17019-21

: : APPEAL OF: E.C., MOTHER : : : : : No. 18 MDA 2021

Appeal from the Order Entered October 23, 2020 In the Court of Common Pleas of Lackawanna County Orphans' Court at No(s): A-33 of 2020

IN RE: ADOPTION OF: A.D., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: E.C., MOTHER : : : : : No. 19 MDA 2021

Appeal from the Order Entered October 23, 2020 In the Court of Common Pleas of Lackawanna County Orphans' Court at No(s): A-34 of 2020

IN RE: ADOPTION OF K.M.D., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: A.D., FATHER : : : : : No. 20 MDA 2021

Appeal from the Order Entered October 23, 2020 In the Court of Common Pleas of Lackawanna County Orphans' Court at No(s): 2020-00030

IN RE: ADOPTION OF M.G.D., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : :

-2- J-S17018-21; J-S17019-21

APPEAL OF: A.D., FATHER : : : : : No. 21 MDA 2021

Appeal from the Order Entered October 23, 2020 In the Court of Common Pleas of Lackawanna County Orphans' Court at No(s): 2020-00031

IN RE: ADOPTION OF K.H.D., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: A.D., FATHER : : : : : No. 22 MDA 2021

Appeal from the Order Entered October 23, 2020 In the Court of Common Pleas of Lackawanna County Orphans' Court at No(s): 2020-00032

IN RE: ADOPTION OF: C.J.D., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: A.D., FATHER : : : : : No. 23 MDA 2021

Appeal from the Order Entered October 23, 2020 In the Court of Common Pleas of Lackawanna County Orphans' Court at No(s): A-33 of 2020

IN RE: ADOPTION OF: A.D., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: A.D., FATHER : : : :

-3- J-S17018-21; J-S17019-21

: No. 24 MDA 2021

Appeal from the Order Entered October 23, 2020 In the Court of Common Pleas of Lackawanna County Orphans' Court at No(s): A-34 of 2020

BEFORE: STABILE, J., KUNSELMAN, J., and PELLEGRINI, J.*

OPINION BY KUNSELMAN, J.: FILED: AUGUST 19, 2021

In these matters, E.C. (Mother) and A.D. (Father) (collectively, the

Parents) appeal the orders of the Lackawanna County Orphans’ Court that

involuntarily terminated their rights to their five Children (9-year-old A.D.;

10-year-old twins K.M.D. and M.G.D.; 12-year-old C.J.D.; and 14-year-old

K.H.D.), pursuant to the Adoption Act. See 23 Pa.C.S.A. § 2511(a)(2), (5),

(8), and (b). Because the Parents raise the same issues, we address their

appeals together. The Parents argue, inter alia, that the Lackawanna County

Office of Children Youth and Families (the Agency) did not properly serve them

with the termination petitions in accordance with the Adoption Act and the

Pennsylvania Orphans’ Court Rules. See 23 Pa.C.S.A. § 2513(a)-(b); see

also Pa.O.C. Rule 15.6. The Parents allege that the circumvention of these

procedures constituted a violation of their rights to due process. After careful

review, we agree. We therefore vacate the termination orders and remand

for further proceedings.

Given our disposition, we abbreviate the factual and procedural

background as follows: The family came to the attention of the Agency in

____________________________________________

* Retired Senior Judge assigned to the Superior Court.

-4- J-S17018-21; J-S17019-21

2017 following allegations that the family had inadequate hygiene and

clothing, and that there was inappropriate discipline and domestic violence in

the home. Notably, some of the Children disclosed sexual abuse by a family

friend. The named abuser was subsequently incarcerated for the offense the

following year, but the Agency was concerned that the Parents knew about

the abuse and continued to allow the abuser access to the Children. The

Agency also feared the Children suffered from medical neglect; A.D. was

nonverbal, had environmentally induced seizures, and had 15 cavities; C.J.D.

had scoliosis, which required surgical intervention after having been left

untreated; and K.H.D. was hospitalized early in the dependency case after

making suicidal statements and attempting to harm C.J.D. for reminding her

of the Parents.

The Children entered the Agency’s care in February 2018, and the trial

court adjudicated them dependent in April 2018. The court ordered family

service plans to aid reunification, but the Parents generally failed to comply.

However, there was a brief period – between August and December 2019 –

where three of the five Children were returned to the Parents’ home on a trial

basis; the oldest, K.H.D., was never returned, because she refused to have

any contact with the Parents, and the youngest, A.D., was too medically fragile

to stay with the Parents beyond weekend visitations.

During the four-month reunification, the Agency assisted the family with

significant services, including daily food orders, bus passes and gas cards,

furnishing their home after multiple evictions, and paying their bills. Even

-5- J-S17018-21; J-S17019-21

with these supports in place, Mother was hostile toward the Agency workers.

The brief reunification came to an end in December 2019. When Mother

learned the Agency would cease its financial support, she became hostile at

the courthouse and terrified the Children in the process. Sheriff deputies

arrested Mother after the incident. In January 2020, the Agency advised the

Parents they would seek termination. After receiving this news, Mother

threated certain Agency workers, which led to another arrest.

Meanwhile, the Children were placed in various foster homes. C.J.D.

and A.D. were placed together in one pre-adoptive home, which was

particularly attentive to A.D.’s special needs. K.H.D. and her younger sibling

M.G.D. were placed together in a separate pre-adoptive foster home; K.M.D.

(the twin of M.G.D.) had been placed in this home as well, but she was

removed after she allegedly threatened another individual in the home.

According to the court, this allegation was determined to be unfounded, but

at the time of the termination hearing, the Agency was still looking for a

permanent resource for K.M.D.

The Agency filed the termination petitions on September 3, 2020. Due

to the Covid-19 pandemic, the orphans’ court held the termination hearing via

videoconference on October 13, 2020. The Parents were not in attendance.

At the start of the hearing, the Parents’ respective attorneys motioned to

withdraw.

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Related

In Re: Adoption of K.M.D., a Minor
2021 Pa. Super. 168 (Superior Court of Pennsylvania, 2021)

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2021 Pa. Super. 168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adoption-of-kmd-a-minor-pasuperct-2021.