In Re AJB

797 A.2d 264
CourtSuperior Court of Pennsylvania
DecidedMarch 15, 2002
StatusPublished

This text of 797 A.2d 264 (In Re AJB) 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 AJB, 797 A.2d 264 (Pa. Ct. App. 2002).

Opinion

797 A.2d 264 (2002)

In the Matter of the Adoption of: A.J.B.
Appeal of: Erie County Office of Children and Youth.

Superior Court of Pennsylvania.

Argued December 5, 2001.
Filed March 15, 2002.
Reargument Denied May 22, 2002.

*265 Catherine A. Allgeier, Erie, for appellant.

Jeffrey A. Misko, Erie, for K.B.

BEFORE: HUDOCK, MUSMANNO, and TODD, JJ.

TODD, J.:

¶ 1 Erie County Office of Children and Youth ("OCY") appeals the March 16, 2001 Order of the Erie County Court of Common Pleas, Orphans' Court Division ("Orphans' Court"), entered by the Honorable Ernest J. DiSantis, Jr., dismissing its petition for a trial, and denying its motion to dismiss a petition to voluntarily relinquish parental rights filed by K.B. ("Mother") with respect to her daughter, A.J.B., born June 17, 1998.[1] In this case of first impression, this Court is called upon to determine whether the Orphans' Court erred in imposing a reasonableness standard with respect to OCY's refusal to consent to Mother's voluntary relinquishment petition. For the reasons that follow, we affirm.

¶ 2 The facts of this case are as follows: On November 9, 1999, A.J.B. was adjudicated dependent and placed in the care and custody of OCY. At the time she was removed from Mother's custody, A.J.B. had numerous visible injuries. Although the injuries were not inflicted by Mother, the record indicates that Mother failed to obtain appropriate medical care for A.J.B.'s injuries, thus resulting in her conviction for endangering the welfare of A.J.B. Following permanency hearings, the Orphans' Court granted OCY's request to proceed with the involuntary termination of Mother's parental rights with respect to A.J.B. At the time of the involuntary termination trial, however, Mother indicated that she wished to voluntarily relinquish her parental rights to A.J.B. OCY objected on the basis that, pursuant to 23 Pa.C.S.A. § 2501, a petition by Mother and consent by OCY were prerequisites to the voluntary relinquishment of parental rights. The Orphans' Court granted Mother leave to file a voluntary relinquishment petition, which she filed on December 29, 2000. Following a response by OCY, Mother filed an amended petition on February 12, 2001.

¶ 3 The Orphans' Court conducted a hearing on March 1, 2001, at which time OCY moved to dismiss Mother's petition on the basis that the petition was not signed or verified by Mother;[2] the petition did not contain A.J.B.'s birth certificate;[3] the petition did not join OCY;[4] and the petition did not contain a consent by OCY to accept custody of A.J.B. OCY further indicated that it would not give its consent. OCY also argued that it had the right to an involuntary termination trial; that it had the right to refuse to join in the voluntary relinquishment petition; and that it was not required to have a reasonable basis for its refusal to consent to Mother's voluntary relinquishment petition. Finally, OCY argued that its refusal to consent to Mother's voluntary relinquishment petition was justified by the fact that A.J.B. had been physically abused; that Mother might be pregnant;[5]*266 that A.J.B. was the second child removed from Mother's custody; that Mother failed to comply with the court-ordered treatment plan during the dependency portion of the case; and that a finding of involuntary termination would affect OCY's obligation to provide services in future dependency cases involving Mother. Notwithstanding OCY's arguments, on March 16, 2001, the Orphans' Court issued an order denying OCY's request for a hearing on its involuntary termination of parental rights petition, and further denying OCY's motion to dismiss Mother's voluntary relinquishment petition.[6] This timely appeal followed.

¶ 4 On appeal, OCY asks this Court to consider:

I. Whether the lower court erred in failing to require strict compliance with the Adoption Act and Rules of [Orphans'] Court Procedure as to the filing and granting of the voluntary relinquishment of parental rights petition?
II. Whether the lower court erred by imposing a reasonableness standard as a condition to an agency [withholding] joinder and consent to a voluntary relinquishment petition?
III. Whether the lower court erred by refusing to grant appellant a hearing on its petition to involuntarily [terminate] parental rights when said petition was properly before the court?
IV. Whether the lower court erred in holding that a parent has a constitutional right to give up their rights to their child under a substantive due process analysis?

(Appellant's Brief, at 2.)

¶ 5 We first note our standard of review when considering an appeal from the Orphans' Court:

When reviewing a decree entered by the Orphans' Court, this Court must determine whether the record is free from legal error and the court's factual findings are supported by the evidence. Because the Orphans' Court sits as the fact-finder, it determines the credibility of the witnesses, and on review, we will not reverse its credibility determinations absent an abuse of that discretion.

In re Estate of Presutti, 783 A.2d 803, 805 (Pa.Super.2001) (citation omitted).

¶ 6 In analyzing whether the Orphans' Court erred in imposing a reasonableness standard with respect to OCY's refusal to consent to Mother's voluntary relinquishment petition, we observe that the Orphans' Court noted that the reason behind OCY's refusal to consent to Mother's petition appeared to be an attempt by OCY "to gain a tactical advantage in future proceedings not yet ripe for judicial determination. For instance, if the Agency is successful in an involuntary termination proceeding, it will have the ability to seek a finding of aggravated circumstances in any future case involving this parent." (Orphans' Court Opinion, 3/16/01, at 2 n. 2.) Indeed, in its brief to this Court, OCY acknowledges:

Under the Adoption and Safe Families Act, if the mother's rights were [involuntarily] terminated, she would then be subject to a finding of Aggravated Circumstances in any dependency proceeding involving future children. The consequence of an Aggravated Circumstances Finding against her is that the Agency and the Court could decline to make reasonable efforts to reunite the family and the Agency would be relieved of the burden of providing services to the mother.

(Appellant's Brief, at 15 (emphasis original).) After a thorough review of the record, *267 we conclude that the Orphans' Court did not err in imposing a reasonableness standard with respect to OCY's refusal to consent to Mother's voluntary relinquishment petition.

¶ 7 Our research reveals no Pennsylvania case law involving a situation in which an agency files a petition to involuntarily terminate a parent's parental rights, but then refuses to consent to a petition to voluntarily relinquish parental rights filed by that same parent. However, we find the Orphans' Court's reliance on our Supreme Court's opinion in In re Adoption of Hess, 530 Pa. 218, 608 A.2d 10 (1992) to be reasonable. In Adoption of Hess,

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Related

In Re Estate of Presutti
783 A.2d 803 (Superior Court of Pennsylvania, 2001)
In Re Adoption of Hess
608 A.2d 10 (Supreme Court of Pennsylvania, 1992)
In Re Adoption of Hess
562 A.2d 1375 (Supreme Court of Pennsylvania, 1989)
In re Adoption of W.C.K.
748 A.2d 223 (Superior Court of Pennsylvania, 2000)
In re the Adoption of A.J.B.
797 A.2d 264 (Superior Court of Pennsylvania, 2002)

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Bluebook (online)
797 A.2d 264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ajb-pasuperct-2002.