In Re AR

837 A.2d 560
CourtSuperior Court of Pennsylvania
DecidedNovember 25, 2003
StatusPublished

This text of 837 A.2d 560 (In Re AR) 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 AR, 837 A.2d 560 (Pa. Ct. App. 2003).

Opinion

837 A.2d 560 (2003)

In re: A.R., A Minor.
Appeal of: V.R., Natural Mother, Appellant.
In re: L.R., A Minor.
Appeal of: V.R., Natural Mother, Appellant.
In re: V.R.
Appeal of: V.R., Mother, Appellant.
In re: S.R.,
Appeal of: V.R., Mother, Appellant.
In re: A.R., A Minor.
Appeal of: G.R., Natural Father, Appellant.
In re: L.R., A Minor.
Appeal of: G.R., Natural Father, Appellant.
In re: V.R., A Minor.
Appeal of: G.R., Natural Father, Appellant.
In re: S.R.,
Appeal of: G.R., Natural Father, Appellant.

Superior Court of Pennsylvania.

Submitted August 18, 2003.
Filed November 25, 2003.

*562 Gregory A. Stuck, Northumberland, for V.R., natural mother.

Richard R. Feudale, Mt. Carmel, for G.R., natural father.

Paige Rosini, Shamokin, Guardian Ad Litem.

Michael J. Robinson, Sunbury, for Northumberland CYS.

BEFORE: FORD ELLIOTT, BOWES, and TAMILIA, JJ.

OPINION BY FORD ELLIOTT, J.:

¶ 1 This case concerns the involuntary termination of parental rights of V.R. ("Mother") and G.R. ("Father") to their minor children, A.R., S.R., L.R., and V.R. Appellants Mother and Father have filed separate appeals from the November 8, 2002 orders entered in the Court of Common Pleas of Northumberland County that terminated their parental rights to each of their four children. We have consolidated the appeals for ease of discussion.

¶ 2 Northumberland County Children and Youth Services ("CYS") first became involved with Mother and Father and their children in February of 1995. At that time, CYS received a referral that there was a lot of yelling and cursing at the children and the children were dressed inappropriately. (Notes of testimony, 10/31/02 at 5.) As a result, numerous pre-placement services were provided to the family by several agencies. Services were provided by: The Parent Center in 1996; Head Start for S.R. and L.R.; early intervention for V.R.; Women, Infant and Children; drug and alcohol program in January 1996; CYS provided diapers; Northumberland County Housing and Urban Development; Department of Public Welfare provided financial/medical assistance; summer day camp; the Salvation Army provided school clothes and food in 1996; Christmas program was provided in 1996; Catholic Charities provided food in 1996; the Red Cross provided food in 1996; juvenile court services were provided in 1999; Haven Ministries provided food in 2000; and Helping Hands provided food in 2000. (Id. at 6-7.)

¶ 3 On March 12, 2001, CYS placed the children into foster care for issues pertaining to housing. The trial court has summarized the circumstances of each of the children as follows:

A.R., age fourteen (14) years, has been outside of the custody of her parents for a total of one hundred twenty-six (126) months, or approximately two-thirds of her life. In July 1988, she was placed in foster care in Akron, Ohio and remained there until September 1989. She then lived with her paternal grandmother and later a paternal aunt until 1997. Thereafter, A.R. lived with her parents until March 12, 2001, at which time she was again placed in foster care, this time in Northumberland County. She remained in this care until her return *563 to her parents on May 21, 2001. A month later, on June 22, 2001, A.R. was returned to foster care where she has remained.

S.R., age twelve (12) years, and L.R., age nine (9) years, have been outside the custody of their parents for a total of eighteen (18) months. On April 15, 1993, they were placed in foster care in Akron, Ohio where S.R. remained for two (2) days and L.R. remained for five (5) days. On March 12, 2001, they were again placed in foster care, this time in Northumberland County, where they have remained with the exception of a month as noted above as to their sister.
V.R., age seven (7) years, has been outside the custody of her parents for a total of eighteen (18) months. As with her siblings, on March 12, 2001, she was placed in foster care in Northumberland County where she has remained but for a month.
All four children were returned to foster care in Northumberland County on June 22, 2001 due to inadequate housing. At that time, a General Protective Services referral indicated the family was being evicted from their home. This continued a seven-year trend of transience. During that period, the parents relocated five (5) times. In July of 2002, they again changed residence to the house in which they are now located. At the time of hearing on this matter, however, the house was still unfit for the children's residence as [the parents] were supposedly in the process of preparing the house for habitation. It is the finding of this Court that the conditions leading to the June 22, 2001 placement of the children in foster care continue to exist more than twelve (12) months after such placement.

Trial court opinion, 1/9/03 at 2-3.

¶ 4 In August of 2002, CYS filed petitions to terminate Mother and Father's parental rights, and a hearing was held on October 31, 2002. On November 8, 2002, the trial court entered orders terminating the parental rights of Mother and Father to A.R., S.R., L.R., and V.R. It is from these orders that Mother and Father appeal.

¶ 5 When reviewing a decree that involuntarily terminates parental rights, this court's scope of review is limited to determining whether the trial court's decision is supported by competent evidence. In re Bowman, 436 Pa.Super. 10, 647 A.2d 217, 219 (1994), affirmed, 542 Pa. 268, 666 A.2d 274 (1995). Absent an abuse of discretion, error of law, or insufficient evidentiary support for the findings of the trial court, the decree must stand. In re C.E.H., 429 Pa.Super. 304, 632 A.2d 577, 579 (1993).

¶ 6 The termination of parental rights is governed by statute. In re Child M., 452 Pa.Super. 230, 681 A.2d 793, 797 (1996), appeal denied, 546 Pa. 674, 686 A.2d 1307 (1996). Before permitting termination, the trial court must be satisfied that the petitioner has established the required statutory elements by clear and convincing evidence. In the Interest of Q.J.R., 444 Pa.Super. 460, 664 A.2d 164, 165 (1995), appeal denied, 544 Pa. 612, 674 A.2d 1074 (1996). Clear and convincing evidence is defined as testimony that is so clear, direct, weighty, and convincing that the trier-of-fact may come to a clear conclusion, without hesitance, of the truth of the precise facts in issue. In re Adoption of Dale A., II, 453 Pa.Super. 106, 683 A.2d 297, 299 (1996). Finally, "[p]ursuant to the express mandate of Section 2511(b), a court must give `primary consideration to the needs and welfare of the child.'" In the Matter of Adoption of Charles E.D.M., II, 550 Pa. 595, 602, 708 A.2d 88, 92 (1998).

¶ 7 As Mother and Father raise the same issues on appeal, we will address *564 them together.

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Related

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417 A.2d 708 (Superior Court of Pennsylvania, 1980)
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In the Interest of Q.J.R.
664 A.2d 164 (Superior Court of Pennsylvania, 1995)
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647 A.2d 217 (Superior Court of Pennsylvania, 1994)
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522 A.2d 73 (Supreme Court of Pennsylvania, 1987)
Matter of Adoption of Charles EDM, II
708 A.2d 88 (Supreme Court of Pennsylvania, 1998)
In Re Child M.
681 A.2d 793 (Superior Court of Pennsylvania, 1996)
In Re Bowman
666 A.2d 274 (Supreme Court of Pennsylvania, 1995)
In re A.R.
837 A.2d 560 (Superior Court of Pennsylvania, 2003)
In re Adoption of A.N.D.
520 A.2d 31 (Superior Court of Pennsylvania, 1986)
In re P.A.B.
570 A.2d 522 (Superior Court of Pennsylvania, 1990)
In re C.E.H.
632 A.2d 577 (Superior Court of Pennsylvania, 1993)

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Bluebook (online)
837 A.2d 560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ar-pasuperct-2003.