In Re: Adoption of: N.N.H. Appeal of: A.M., Mother

197 A.3d 777
CourtSuperior Court of Pennsylvania
DecidedOctober 11, 2018
Docket162 WDA 2018
StatusPublished
Cited by41 cases

This text of 197 A.3d 777 (In Re: Adoption of: N.N.H. Appeal of: A.M., Mother) 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: N.N.H. Appeal of: A.M., Mother, 197 A.3d 777 (Pa. Ct. App. 2018).

Opinion

OPINION BY STABILE, J.:

A.M. ("Mother") appeals from the January 17, 2018 order in the Court of Common Pleas of Fayette County denying her petition for the involuntary termination of parental rights of J.R.H. ("Father") to the female child, N.N.H., born in June of 2005, pursuant to 23 Pa.C.S.A. § 2511(a)(1) and (b). Upon careful review, we affirm.

The record evidence supports the following facts and procedural history set forth by the orphans' court in its opinion accompanying the subject order.

Mother ... and Father were involved in a relationship for approximately thirteen years. During this relationship, N.N.H. ... was born and the family lived together until she was six years of age. In 2011, when N.N.H. was six years old, Father commenced a federal prison sentence. [ 1 ] He was released from prison on May 25, 2016.
For the first two years, Mother brought N.N.H. to see her Father in prison on a regular basis. Father was moved to another prison in the state of New Jersey in 2013. The last visit was December 21, 2013 when Mother stopped bringing N.N.H. to see her Father.
Father continuously wrote to N.N.H. and sent her handmade crafts. N.N.H. reciprocated by sending cards and letters. These endearing cards spoke of her love, and conveyed kisses and reassurance that she would always remember him.
Mother filed for sole legal and physical custody of N.N.H. By Order dated March 17, 2015, [ 2 ] th[e] [c]ourt granted custody to Mother. [ 3 ] Father was not present to contest. Mother continued to permit Father to call his daughter once or twice a week from January [of] 2014 until November of 2015. At that time, N.N.H. was ten years old and had enjoyed regular contact with her Father by phone and through such correspondence.
In December of 2015, Mother changed the telephone number and did not provide it to Father. Father sought to find *780 the number through family members and succeeded. Mother changed the number a second time. Father was totally precluded by Mother from calling N.N.H.
By February 2016, Father testified that all letters he had written to N.N.H. were returned. Father patiently waited for his release coming soon from prison, knowing that he would attempt to repair the custody situation when he was more able to get involved in the process.
Father was released from prison on May 25, 2016. Almost immediately, Father contacted an attorney to seek partial custody rights and a [p]etition was so filed on June 14, 2016....
Not until the child was twelve years old and Father filed for partial custody had Mother ever challenged paternity. Mother then filed for DNA paternity testing on August 9, 2016. [ 4 ] The Order granting relief was entered on August 16, 2016. This testing stayed the custody proceedings until the results were determined on October 21, 2016. The child that Father had attended to since birth, [with] whose [m]other he had a relationship for thirteen years and actively encouraged his involvement in the child's life for a decade, was indeed found to be his child.
Facing a resolution of Father's pending [c]ustody [p]etition, Mother file[d] an [e]mergency [p]etition to [s]tay [c]ustody [p]roceedings which was signed by the [c]ourt on December 9, 2016. The reason for staying the proceedings was because Mother intended to file a [p]etition to [t]erminate [Father's parental] rights[,] which she did on December 14, 2016.
From March 17, 2015, the Order granting Mother sole custody has continued to be in effect. Mother admittedly has denied Father all contact to N.N.H. It appears to the [c]ourt that Mother has been systematically eliminating Father from N.N.H.'s life. The entire history of this case was provided to the [c]ourt during the termination proceeding on January 31, 2017. [ 5 ]
Subsequent to the hearing, the parties were given and granted extensions of time to file [b]riefs upon receipt of the transcript. Additionally, during the pendency of this decision, the Supreme Court of Pennsylvania by virtue of ... [ In re Adoption of L.B.M. , 639 Pa. 428 , 161 A.3d 172 , 174 (2017) ], shed light on the duty of the [c]ourt to appoint a legal representative for the child in addition to the Guardian Ad Litem if there exists a conflict with the child's legal interests and best interests analysis. Upon ascertaining *781 that indeed such conflict existed, [the] [c]ourt reopened the case for further hearing and appointed an attorney to represent the child's interests. No additional testimony was produced and legal counsel for the child additionally filed a [b]rief on behalf of N.N.H.

Trial Court Opinion, 1/17/18, at 1-3.

By order dated January 17, 2018, the orphans' court denied Mother's petition. Mother timely filed a notice of appeal on January 25, 2018. By order dated January 29, 2018, the orphans' court directed Mother to file a concise statement of errors complained of on appeal pursuant to Pa.R.A.P. 1925(b) within 21 days, and she timely complied. 6

Before addressing the merits of this appeal, we must determine whether N.N.H. had the benefit of counsel during the involuntary termination proceeding as required by Section 2313(a) of the Adoption Act. Pursuant to 23 Pa.C.S.A. § 2313(a), a child who is the subject of a contested involuntary termination proceeding has a statutory right to counsel who discerns and advocates for child's legal interests, which our Supreme Court has defined as a child's preferred outcome. 7 In re T.S. , --- Pa. ----, 192 A.3d 1080 , 1081, 2018 WL 4001825 at * 1 (Pa. 2018) (citing In re Adoption of L.B.M. , 639 Pa. 428 ,

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Bluebook (online)
197 A.3d 777, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adoption-of-nnh-appeal-of-am-mother-pasuperct-2018.