In Re: Adoption of L.C., Appeal of: K.G., mother

Superior Court of Pennsylvania·Decided October 24, 2016·No. 690 WDA 2016·Unpublished

Opinion

J-S65045-16

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

IN RE: ADOPTION OF: L.J.C. IN THE SUPERIOR COURT OF PENNSYLVANIA

APPEAL OF: K.G., NATURAL MOTHER No. 690 WDA 2016

Appeal from the Order Entered April 1, 2016 in the Court of Common Pleas of Cambria County Orphans' Court at No.: 2015-782 IVT

BEFORE: LAZARUS, J., OLSON, J., and PLATT, J.* MEMORANDUM BY PLATT, J.: FILED OCTOBER 24, 2016 Appellant, K.G. (Mother), appeals from the order granting the involuntary termination of her parental rights to her son, L.J.C. (Child), born in September of 2011, and changing his goal from return to parent to adoption.1 We affirm on the basis of the trial court opinion.

On August 20, 2015, Cambria County Children and Youth Services (CYS) filed a petition to terminate Mother’s parental rights to Child. The trial court aptly explained the events that led CYS to file that petition in its order and opinion entered April 1, 2016. (See Trial Court Order and Opinion,

dated March 31, 2016, filed April 1, 2016.) We respectfully direct the reader

*

Retired Senior Judge assigned to the Superior Court.

1 The trial court also terminated the parental rights of Child’s father, R.C. Father did not appeal.

J-S65045-16

to that order and opinion for a more thorough summary of the facts of this case.

For the convenience of the reader, we note briefly that CYS became involved on May 17, 2012, after receiving a report of domestic violence involving Mother and Father. Further investigation revealed other issues involving finances, poor parenting skills, and housing instability as well as drug use by both Mother and Father, who were only seventeen and eighteen, respectively, at the time. Mother was only minimally compliant with the permanency plan CYS provided to her. Mother’s progress was inhibited by mental health issues and related problems. Eventually, CYS exhausted its available services.

The trial court held hearings on CYS’ petition on November 23, 2015, February 22, 2016, and February 29, 2016.2 The trial court entered its order terminating Mother’s parental rights pursuant to 23 Pa.C.S.A. §§ 2511 (a)(1), (2), (5), (8) and (b) on April 1, 2016. Mother filed a timely notice of appeal and statement of errors complained of on appeal on April 27, 2016.

See Pa.R.A.P. 1925(b). The trial court filed a Rule 1925 statement on May

2 Testifying at those hearings, in addition to Mother and Father, were CYS caseworker, Alex Martin; CYS casework supervisor, May Popovich; psychologist, Dennis Kashurba; Independent Family Services (IFS) home management coordinator, Kathy Scaife; IFS family resource professional, Sarah Bantly; Child’s grandmother, L.K.; Mother’s outpatient therapist, psychologist Erin Bougher; and court-appointed special advocate (CASA), Ellen Shayesteh, D.O.

J-S65045-16

17, 2016, referencing its order and opinion dated March 31, 2016 (filed on April 1, 2016). See Pa.R.A.P. 1925(a).

Mother raises the following question on appeal:

1. Whether the [c]ourt either abused its discretion or commited an error of law when it granted the [p]etition for [i]nvoluntary [t]ermination of [p]arental [r]ights, thereby terminating the parental rights of [Mother] to [Child][?]

(Mother’s Brief, at 2).

Mother challenges the sufficiency of the evidence. (See Mother’s Brief, at 2). She maintains that she evidenced a purpose to get Child back, not to give up her parental claim. (See id. at 6).

Part III of the Domestic Relations Code is known and referred to in whole as the Adoption Act. See 23 Pa.C.S.A. § 2101. The Adoption Act consists of five chapters and numerous respective subchapters; those provisions most relevant to this case appear in Chapter 25 (governing proceedings prior to petition to adopt including termination of parental rights); and to a lesser extent, Chapter 27 (governing the petition for adoption)

and Chapter 29 (governing decrees and records). See 23 Pa.C.S.A. §§ 2501-2903. Adoption in Pennsylvania is purely a statutory right. In re Adoption of R.B.F., 569 Pa. 269, 276, 803 A.2d 1195, 1199 (2002). Strict compliance with the Adoption Act is a prerequisite to the court’s jurisdiction to hear a petition to terminate parental rights in connection with a proposed adoption. In re Adoption of J.F.D., 782 A.2d 564, 565 (Pa. Super. 2001) (citing In re Adoption of W.C.K., 748 A.2d 223, 226 (Pa. Super. 2000), appeal denied, 567 Pa. 745, 788 A.2d 378 (2000)).

In re E.M.I., 57 A.3d 1278, 1284-85 (Pa. Super. 2012).

Our standard of review for a challenge to the involuntary termination of parental rights is well-settled:

J-S65045-16

In an appeal from an order terminating parental rights, our scope of review is comprehensive: we consider all the evidence presented as well as the trial court’s factual findings and legal conclusions. However, our standard of review is narrow: we will reverse the trial court’s order only if we conclude that the trial court abused its discretion, made an error of law, or lacked competent evidence to support its findings. The trial judge’s decision is entitled to the same deference as a jury verdict.

In re L.M., 923 A.2d 505, 511 (Pa. Super. 2007) (citations omitted).

Furthermore:

Where the hearing court’s findings are supported by competent evidence of record, we must affirm the hearing court even though the record could support an opposite result.

We are bound by the findings of the trial court which have adequate support in the record so long as the findings do not evidence capricious disregard for competent and credible evidence. The trial court is free to believe all, part, or none of the evidence presented, and is likewise free to make all credibility determinations and resolve conflicts in the evidence.

Though we are not bound by the trial court’s inferences and deductions, we may reject its conclusions only if they involve errors of law or are clearly unreasonable in light of the trial court’s sustainable findings.

In re M.G., 855 A.2d 68, 73-74 (Pa. Super. 2004) (citations omitted).

Requests to have a natural parent’s parental rights terminated are governed by 23 Pa.C.S.A. § 2511. Here, the trial court terminated Mother’s parental rights pursuant to 23 Pa.C.S.A. §§ 2511(a)(1), (2), (5), (8), and (b). (See Order and Opinion, at 9-11). To affirm the termination of parental rights, this Court need only agree with any one subsection of Section 2511(a). See In re B.L.W., 843 A.2d 380, 384 (Pa. Super. 2004) (en banc), appeal denied, 863 A.3d 1141 (Pa. 2004). Section 2511(a)(1) provides, in pertinent part:

J-S65045-16

§ 2511. Grounds for involuntary termination

(a) General rule.—The rights of a parent in regard to a child may be terminated after a petition filed on any of the following grounds:

(1) The parent by conduct continuing for a period of at least six months immediately preceding the filing of the petition either has evidenced a settled purpose of relinquishing parental claim to a child or has refused to perform parental duties.

* * *

(b) Other considerations.—The court in terminating the rights of a parent shall give primary consideration to the developmental, physical and emotional needs and welfare of the child. The rights of a parent shall not be terminated solely on the basis of environmental factors such as inadequate housing, furnishings, income, clothing and medical care if found to be beyond the control of the parent. With respect to any petition filed pursuant to subsection (a)(1), (6) or (8), the court shall not consider any efforts by the parent to remedy the conditions described therein which are first initiated subsequent to the giving of notice of the filing of the petition.

23 Pa.C.S.A. § 2511 (a)(1), (b).

Free access — add to your briefcase to read the full text and ask questions with AI

In Re: Adoption of L.C., Appeal of: K.G., mother, (Pa. Ct. App. 2016).

In Re: Adoption of L.C., Appeal of: K.G., mother (In Re: Adoption of L.C., Appeal of: K.G., mother) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

In Re Adoption of M.E.P.
825 A.2d 1266 (Superior Court of Pennsylvania, 2003)
Matter of Adoption of Charles EDM, II
708 A.2d 88 (Supreme Court of Pennsylvania, 1998)
In Re B.,N.M.
856 A.2d 847 (Superior Court of Pennsylvania, 2004)
In Re Adoption of R.B.F.
803 A.2d 1195 (Supreme Court of Pennsylvania, 2002)
In re Adoption of W.C.K.
748 A.2d 223 (Superior Court of Pennsylvania, 2000)
In re Adoption of J.F.D.
782 A.2d 564 (Superior Court of Pennsylvania, 2001)
In re B.L.W.
843 A.2d 380 (Superior Court of Pennsylvania, 2004)
In re T.F.
847 A.2d 738 (Superior Court of Pennsylvania, 2004)
In re M.G.
855 A.2d 68 (Superior Court of Pennsylvania, 2004)
In re L.M.
923 A.2d 505 (Superior Court of Pennsylvania, 2007)
In the Interest of K.Z.S.
946 A.2d 753 (Superior Court of Pennsylvania, 2008)
In re K.K.R.-S.
958 A.2d 529 (Superior Court of Pennsylvania, 2008)
In re Z.P.
994 A.2d 1108 (Superior Court of Pennsylvania, 2010)
In re K.M.
53 A.3d 781 (Superior Court of Pennsylvania, 2012)
In re the Involuntary Termination of Parental Rights to E.M.I.
57 A.3d 1278 (Superior Court of Pennsylvania, 2012)
In re T.S.M.
71 A.3d 251 (Supreme Court of Pennsylvania, 2013)