In re Adoption of W.C.K.

748 A.2d 223, 2000 WL 245944
CourtSuperior Court of Pennsylvania
DecidedMarch 6, 2000
DocketNos. 8 WDA 1999, 9 WDA 1999, 768 WDA 1999
StatusPublished
Cited by38 cases

This text of 748 A.2d 223 (In re Adoption of W.C.K.) 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 W.C.K., 748 A.2d 223, 2000 WL 245944 (Pa. Ct. App. 2000).

Opinions

JOHNSON, J.:

¶ 1 This appeal presents the question of what threshold of compliance with the statutory requirements of the Adoption Act, 23 Pa.C.S. §§ 2101-2910, must be met to invoke a trial court’s jurisdiction to hear a petition for the involuntary termination of parental rights filed by a party claiming standing under 23 Pa.C.S. § 2512(a)(3). We hold that a petitioner’s strict compliance with the requirements of the Adoption Act is a prerequisite to a court’s jurisdiction to hear a petition to terminate parental rights. We here conclude that the Petitioners did not stand in loco parentis to the proposed adoptee because they did not assume parental status through any legally cognizable means and, alternatively, because the Petitioners’ report of intention to adopt was defective on its face. Therefore, we reverse the trial court’s orders granting the petitions to terminate the natural parents’ rights due to a lack of jurisdiction to hear the petitions.

¶ 2 This is a consolidated appeal from orders terminating A.M.K.’s [hereinafter “Mother”] rights and the putative father’s rights to their male child, W.C.K., and

dismissing Mother’s petition for habeas corpus. W.C.K. was born on March 21, 1998, at Magee-Women’s Hospital in Allegheny County. Mother was nineteen years old at the time of W.C.K’s birth. Immediately after W.C.K.’s birth, Mother and W.C.K. both lived with Mother’s father and stepmother in Carnegie, Allegheny County. On April 7, 1998, Mother, still nineteen years-old at the time, began to feel overwhelmed by her responsibilities for caring for W.C.K. and decided to place W.C.K. with Norma Kiefer, a family friend who also lived in Carnegie. The next day, Mother’s father asked Mother to leave his home. Mother then joined W.C.K. at Kiefer’s home. While living with Kiefer, Mother worked at a restaurant and paid Kiefer bi-weekly rent of $100. However, Mother continued to feel that she was unable to adequately care for W.C.K. Consequently, Mother made an agreement with Kiefer that Kiefer would take care of W.C.K. until Mother could get “back on [her] feet.” ' N.T., 9/29/98, at 24. Pursuant to their agreement, on April 30, 1998, Mother and Kiefer, without legal counsel, executed a written “Guardianship Agreement” [hereinafter “Agreement”] which states:

I [Mother], mother of [W-C.K.], born on March 21, 1998, grant guardianship of [W.C.K.] to Norma J. Kiefer, maintaining her residence at 613 Fifth Avenue, Carnegie, Pennsylvania 15106.
Norma J. Kiefer will have guardianship of [W.C.K], but Mother will continue to receive her [WIC benefits] with Norma J. Kiefer being the proxy on her card. This Agreement gives Norma J. Kiefer the right to execute any medical documents concerning [W.C.K.] and obtain any medical needs for [W.C.K.] which includes any emergency, doctor, treatments, appointments, x-rays, etc.
[W.C.K] will be residing at 613 Fifth Avenue, Carnegie, Pennsylvania 15106 (Norma J. Kiefer’s residence) and Mrs. Kiefer will take full responsibility for [W.C.K.] in everyway [sic].

[227]*227Petitioners’ Exhibit No. 1. Both Kiefer and Mother testified that the Agreement was a temporary one. Mother left Kiefer’s residence on June 24, 1998, and rented her own apartment. Mother testified that her intent was to have W.C.K. live with her “as soon as [she] got everything situated at the apartment.”

¶ 3 However, shortly after Mother began living in her own apartment, Mother’s psychological health deteriorated precipitously. On July 5, 1998, Mother was hospitalized following a failed suicide attempt. However, despite Mother’s poor psychological health, Mother communicated to Kiefer Mother’s desire to be reunited with W.C.K. on two different occasions during July. Notwithstanding Mother’s attempts at reunification with W.C.K., on August 4, 1998, Kiefer gave W.C.K. away to Deborah Lancos DeCostro and Ronald A. DeCostro [hereinafter the “DeCostros”], who reside in Monaca, Beaver County. W.C.K. was less than five months old. Immediately, the DeCostros filed both their Report of Intention to Adopt and their Petitions for the Involuntary Termination of Parental Rights. On September 9, 1998, Mother was served with notice of a termination hearing. On September 29, 1998, the Orphans’ Court of Beaver County, the Honorable Robert C. Reed, P.J., presiding, convened a hearing on the petition for termination of Mother’s rights. On November 4, 1998, Judge Reed held a second hearing on the petition to terminate the rights of the putative father and on the Mother’s petition for habeas corpus. On that same date, Judge Reed entered a decree nisi terminating the parental rights of the putative father. On November 23, 1998, Judge Reed denied Mother’s petition for habeas corpus. On December 14, 1998, Judge Reed entered a decree nisi terminating Mother’s parental rights to W.C.K. On April 23, 1999, Judge Reed dismissed Mother’s exceptions to the decree nisi and made final the order terminating Mother’s parental rights to W.C.K. Mother’s appeals from the three foregoing decisions have been consolidated into the instant appeal.

¶ 4 Mother presents the following questions for our review:

I. Whether a parent in parental termination proceedings is entitled to be served with notice of the factual and legal grounds asserted against her?
II. Whether a stranger to the child and birth parent may obtain in loco parentis status and standing to bring parental termination proceedings where that person obtains possession of a child without the consent of and over the opposition of the birth parent?
III. Whether § 2511(a)(6) of the Adoption Act can be applied to terminate the rights of a birth mother?
IV. Where there has been no voluntary placement for purposes of adoption, does equal protection of the laws require that a parent be entitled to the protections of the Juvenile Act prior to the removal of a child from a parent’s custody and the termination of that parent’s parental rights?
V. Whether the record establishes by clear and convincing evidence that Mother’s parental rights may be terminated under § 2511(a)(6) of the Adoption Act?
VI. Whether Mother’s right to due process and objection to the standing of the moving party in proceedings to terminate her parental rights can be waived on the record herein?
VII. Whether a mother whose parental rights have not been terminated has standing to object to the termination of parental rights of her child’s father?
VIII. Whether a mother whose parental rights have not been terminated may bring a petition for habeas corpus to obtain custody [228]*228of her child where that child is being held by a stranger without the mother’s consent and over her objection?
IX. Whether the trial court has a duty to disclose its prior relationship to a litigant to another litigant in the case?

Appellant’s Brief at 8-9. As we find it necessary to address only the first, second, and eighth questions to dispose of this appeal, we shall not address the remaining questions presented.

¶ 5 Initially, Mother argues that notice was insufficient and that the De-Costros lack standing to petition for the termination of Mother’s parental rights to W.C.K.

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Bluebook (online)
748 A.2d 223, 2000 WL 245944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adoption-of-wck-pasuperct-2000.