In Re: A.R., a minor, Appeal of: M.R.

125 A.3d 420
Superior Court of Pennsylvania·Decided September 29, 2015·No. 2048 WDA 2014·Published·Cited by 16 cases

Opinion

OPINION BY

BENDER, P.J.E.:

M.L.R. (“Father”) appeals from, the orders involuntarily terminating his parental rights to B.R. (born in July of 2007), and A.R. (born in March of 2010) (collectively “the Children”), pursuant to 23 Pa.C,S. §§ 2511(a)(2), (a)(5), (a)(8), and § 2511(b). 1 We affirm. 2

The family first became known to the Allegheny County Office of Children, Youth and Families (“CYF”) in October 2011 “following allegations that the children were alone outside. There were also concerns that the family was being evicted and that the parents were using drugs.” Orphans’ Court Opinion (O.C.O.), 1/26/15, at 3 (citations to the record omitted). In early April 2012, CYF sought and obtained an Emergency Custody Authorization (“ECA”), after learning of Mother’s attempted suicide. Id.

The children were removed from their Mother’s care; Father had left the home months prior. Mother was in the I.C.U. after attempting to end her life, and Father could not be a caregiver as he did not have housing, was [a] perpetrator of domestic violence, as well as a Suboxone addict. The children were temporarily placed in an Auberle foster home while awaiting a shelter hearing, as their grandparents had criminal histories and did not pass CYF’s emergency clearances. But at the shelter hearing, it was determined that B.R. could be placed with his Paternal Grandmother ... and that A.R. could be placed with Maternal Step-Grandmother [ ]. There the children have remained. The children were adjudicated dependent , on April 30, 2012. The petition to involuntarily terminate the ^parents’ rights was filed on May 13, 2014.

Id', at 3-4 (citations to the record omitted).

The record further indicates that an initial hearing regarding the termination pe *422 tition was held on June 2, 2014, in conjunction with a permanency review in the dependency matter. Father failed to appear at the initial termination hearing; however, Mother appeared and announced her intention to contest the petition. Accordingly, a contested hearing was scheduled on the termination matter for November 12, 2014.

Father appeared at the termination hearing on November 12, 2014, unrepresented, and requested a continuance to allow him time to obtain counsel. The trial court determined that Father had proper notice of the hearing and sufficient time to obtain counsel prior to the hearing. Thus, the court denied Father’s requést for a continuance, and Father proceeded with the hearing pro se. After reviewing the evidence and hearing testimony from Father, Mother, a CYF caseworker, a psychologist and the Children’s Paternal Grandmother, the orphans’ court entered its orders terminating Father’s parental rights to the Children.

Father timely filed notices of appeal and concise statements of errors complained of on appeal in compliance with Pa.R.A.P. 1925(a)(2)(i) and (b). He now raises the following sole issue for our review: “Whether the Trial Court erred and/or abused its discretion in not granting the request of birth father to be represented by counsel in the hearing to involuntarily terminate Father’s parental rights as it pertains to his children A.R. and B.R.” Father’s Brief at 1.

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). 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. In re M.G., 855 A.2d 68, 73-74 (Pa.Super.2004). If competent evidence supports the trial court’s findings, we will affirm even if the record could also support the opposite result. In re Adoption of T.B.B., 835 A.2d 387, 394 (Pa.Super.2003).

Father asserts that the trial court committed an abuse of discretion by failing to advise him of his right to counsel and by proceeding with the termination hearing, despite his request for a continuance to allow time to obtain counsel. Father’s Brief at 5.

We note that contrary to Father’s allegations, the record clearly reflects that CYF served Father with a “Notice of Hearing on Petition to Involuntarily Terminate Parental Rights,” 3 which expressly provided, in pertinent part:

You are warned that even if you fail to appear at the scheduled hearing, the *423 hearing -will go on without you and your rights to your children may be ended by the court without your being present. You have a right to be; represented at the hearing by a lawyer. You should take this paper to your lawyer at once. If you do not have a lawyer, or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. .
Lawyer Referral Service
The Allegheny County Bar Association
Koppers Building, Suite 1100
436 Seventh Avenue
Pittsburgh, PA 15219
Telephone: (412) 261-5555

Notice of Hearing (attached to “Affidavits of Attempted Service”), 5/30/14. CYF successfully completed service of the -notice through publication 4 in accordance with Pa.O.C. Rule 15.6, which allows notice to be given by publication when personal service cannot be completed. 5 In addition to advising Father of his right to counsel and how to obtain an attorney if he could not afford one, the notice also contained information regarding the date, time, and location of the hearing, as well as the purpose of the hearing.

Moreover, the trial court provides the following background and well-reasoned analysis in support of its decision, to deny Father’s request for a continuance:

At the beginning of the case Father was assigned counsel. But throughout the history of the case he made his intentions clear that he did not [want] to work with his counsel nor be a part of the Court proceedings.

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In Re: A.R., a minor, Appeal of: M.R., 125 A.3d 420 (Pa. Ct. App. 2015).

125 A.3d 420 (In Re: A.R., a minor, Appeal of: M.R.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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