In Re Adoption of W.J.R.

952 A.2d 680, 2008 Pa. Super. 131, 2008 Pa. Super. LEXIS 1952, 2008 WL 2469304
CourtSuperior Court of Pennsylvania
DecidedJune 20, 2008
Docket1228 WDA 2007
StatusPublished
Cited by21 cases

This text of 952 A.2d 680 (In Re Adoption of W.J.R.) 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.J.R., 952 A.2d 680, 2008 Pa. Super. 131, 2008 Pa. Super. LEXIS 1952, 2008 WL 2469304 (Pa. Ct. App. 2008).

Opinion

OPINION BY

STEVENS, J.:

¶ 1 W.A.R. (Father) appeals from the order of the Allegheny County Court of Common Pleas terminating his parental rights to his child, W.J.R. 1 We affirm.

¶2 This Court previously set forth the factual background and procedural history of this case as follows.

Father and K.H. (Mother) are the parents of W.J.R. who was born on February 17, 1997. Allegheny County Children Youth and Family (CYF) became involved with W.J.R. on March 6, 2003. 2 At that time, paternal grandmother contacted CYF and informed them that the child was in her care and that Father was a fugitive. Based upon allegations by the paternal grandmother, a restraining order was also entered against both parents on March 6, 2003. By order entered March 7, 2003, the child was placed with paternal grandmother. On March 28, 2003, the child was adjudicated dependent. Thereafter, on June 28, 2003, the child was removed from paternal grandmother’s care and placed in foster care where he remains to date. 3
Following the child’s placement, CYF caseworker Daniel Osterhos indicated he conducted a diligent search but was unable to locate Father. Unbeknownst to CYF, however, Father had been incar *682 cerated in the Allegheny County Jail since April 16, 2003. As a result of information received from paternal grandmother, on November 12, 2003, aggravating circumstances of abandonment were found, and the goal was changed from reunification to adoption. On November 24, 2003, paternal grandmother notified CYF about Father’s incarceration. On May 5, 2004, CYF filed a petition to terminate Father’s parental rights pursuant to 23 Pa.C.S.A. § 2511(a)(1), (2), (5), and (8). Father was released from prison on November 17, 2004. On January 25, 2005, the trial court held a hearing on the termination petition.
On February 9, 2005, the trial court entered an order terminating Father’s parental rights pursuant to 23 Pa.C.S.A. § 2511(a)(8). The trial court found that CYF had not met its burden with respect to § 2511(a)(1), (2) or (5)....

In re: W.J.R., 319 WDA 2005 at 1-2, 10, 888 A.2d 15 (Pa.Super.2005) (footnotes in original) (unpublished memorandum).

¶ 3 On appeal, this Court reversed the trial court’s order and remanded the matter because the trial court relied solely on Father’s incarceration, and failed to consider whether Father cooperated with CYF or met the goals set forth in the Family Service Plan (FSP) during his period of incarceration. Id. at 14-15. Upon remand, on March 9, 2006, the trial court ruled that CYF failed to establish by clear and convincing evidence that Father failed to cooperate with CYF or failed to meet his FSP goals during his period of incarceration. Accordingly, the trial court dismissed CYF’s first termination petition.

¶ 4 In February of 2006, as part of the dependency proceedings, the goal for W.J.R. was changed to adoption. N.T., 2/27/07, at 6-7. Moreover, as part of the dependency proceedings, the trial court learned that Father was again incarcerated. Id. at 7. Pursuant to a plea agreement, Father was incarcerated for three to eight years for the offenses of possession of a firearm, possession of a controlled substance, possession with intent to deliver a controlled substance, and possession of drug paraphernalia. Id. at 9-10. Father was charged with the offenses on July 25, 2005. Id. at 10. His earliest release date on parole is December of 2008. Id. 4

¶ 5 On July 10, 2006, CYF filed a second petition for involuntary termination of Father’s parental rights. The trial court held hearings on the second petition on February 27, 2007 and May 29, 2007. On May 29, 2007, the trial court entered an order terminating Father’s parental rights pursuant to 23 Pa.C.S.A. § 2511(a)(2), (5), (8), and (b). Father filed a timely appeal on June 27, 2007. On July 5, 2007, the trial court issued an order directing Father to file a Concise Statement of Matters Complained of on Appeal, pursuant to Pa.R.A.P.1925(b), within fourteen days, and Father timely complied. The trial court filed a Pa.R.A.P.1925(a) opinion.

¶ 6 On appeal, Father raises two issues as follows:

1. Did the trial court err when it ruled that grounds for involuntary termination of [Father’s] parental rights under 23 Pa.C.S. § 2511(a)(2), (5), and (8) had been proven by clear and convincing evidence?
2. Did the trial court err in considering the question of whether termination of *683 [Father’s] parental rights best serves the needs and welfare of the child pursuant to 23 Pa.C.S. § 2511(b) when [CYF] failed to present clear and convincing evidence that grounds for involuntary termination existed pursuant to § 2511(a) and erred in answering in the affirmative when [CYF] failed to meet its burden of proving by clear and convincing evidence that involuntary termination of Father’s parental rights would best meet the developmental, physical and emotional needs and welfare of the child?

Father’s Brief at 6.

¶ 7 Our standard of review regarding orders terminating parental rights is as follows:

When reviewing an appeal from a decree terminating parental rights, we are limited to determining whether the decision of the trial court is supported by competent evidence. Absent an abuse of discretion, an error of law, or insufficient evidentiary support for the trial court’s decision, the decree must stand. Where a trial court has granted a petition to involuntarily terminate parental rights, this Court must accord the hearing judge’s decision the same deference that we would give to a jury verdict. We must employ a broad, comprehensive review of the record in order to determine whether the trial court’s decision is supported by competent evidence.

In re S.H., 879 A.2d 802, 805 (Pa.Super.2005) (quotation omitted). In termination cases, the burden is upon the petitioner to prove by clear and convincing evidence that its asserted grounds for seeking the termination of parental rights are valid. Id. at 806.

¶ 8 We have previously stated:

The standard of clear and convincing evidence is defined as testimony that is so “clear, direct, weighty and convincing as to enable the trier of fact to come to a clear conviction, without hesitance, of the truth of the precise facts in issue.” It is well established that a court must examine the individual circumstances of each and every case and consider all explanations offered by the parent to determine if the evidence in light of the totality of the circumstances clearly warrants termination.

In re J.L.C., 837 A.2d 1247, 1251 (Pa.Super.2003).

¶ 9 The statutory bases for termination are as follows:

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Bluebook (online)
952 A.2d 680, 2008 Pa. Super. 131, 2008 Pa. Super. LEXIS 1952, 2008 WL 2469304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adoption-of-wjr-pasuperct-2008.