In re A.R.M.F.

837 A.2d 1231
CourtSuperior Court of Pennsylvania
DecidedDecember 2, 2003
StatusPublished
Cited by15 cases

This text of 837 A.2d 1231 (In re A.R.M.F.) 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 A.R.M.F., 837 A.2d 1231 (Pa. Ct. App. 2003).

Opinions

OLSZEWSKI, J.:

¶ 1 H.E.F. (father) and C.D.F. (mother) filed consolidated appeals from the order of the trial court terminating them parental rights to their daughters, A.R.M.F. and M.B.F. (children). We affirm.

¶2 Mother gave birth to A.R.M.F. on July 13, 1997, and to M.B.F. on May 9, 1999. On November 4, 1999, the Bucks County Children & Youth Social Services Agency (Agency) filed a petition to adjudicate the children dependent and remove them from the home. In its petition, the [1233]*1233Agency stated that it had escalating concerns for the children despite the fact that it had been providing services to father and mother since April of 1999. The petition alleged:

Most notably, the condition of the ... home is inappropriate and unsafe for young children. Though this issue has been addressed with the parents on several occasions, permanent and effective changes have not been made. Examples of this include cat feces on the floor, dangerous items such as pieces of broken furniture and stereo equipment precariously resting throughout the home and trash littered on the floors.
On several occasions, in-home workers have witnessed medicine on the counters, laundry detergent and cleaning solvents on the floor and in easy reach of the two-year old toddler.
Concerns also exist regarding supervision. Reports have been received to this Agency, that the toddler frequently gets outside without her parents knowledge. This is particularly alarming, as the home is located on a busy highway. It is unclear where the children spend their nights. Questions exist regarding [father’s] nighttime paper route and the possibility of the children not having stable plans at night.

Petition to Adjudicate Dependency and to Enter an Order of Disposition, 11/4/1999. On November 5, 1999, the children were adjudicated dependent and placed in the physical and legal custody of the Agency.

¶3 On May 8, 2001, the Agency filed petitions for Involuntary Termination of Parental Rights and Duties of Natural Parents under Section 2511(a)(2), (5) and (8) of the Adoption Act. On March 3, 2003, the trial court granted the Agency’s petition. The children were approximately six and four years of age at that time.

¶ 4 Father and mother raise three issues on appeal. First, they claim that the Agency failed to provide clear and convincing evidence for the involuntary termination of their parental rights pursuant to 23 Pa.C.S.A. §§ 2511(a)(2), (5) and (8). Second, they argue that the Orphan’s Court erred when it found that it would be in the best interest and welfare of the children to terminate mother and father’s parental rights. Finally, the parents claim that the Orphan’s Court erroneously denied their petition for expert witness fees.

¶ 5 Our standard of review in this case is as follows:

In reviewing an involuntary termination of parental rights, we must “employ a broad, comprehensive review of the record” in order to determine whether the termination order is supported by competent evidence. In re Adoption of T.M.F., 392 Pa.Super. 598, 573 A.2d 1035, 1044 (1990) (en banc); Matter of Adoption of G.T.M., 506 Pa. 44, 483 A.2d 1355 (1984). “Absent an abuse of discretion, an error of law, or insufficient evidentiary support for the findings of the Orphans’ Court, [we] will not reverse a hearing court’s decision to terminate.” In re Skives, 363 Pa.Super. 225, 525 A.2d 801, 802 (1987). While the scope of review is broad, we are limited to determining whether the order is supported by competent evidence and whether the court adequately considered the effect of such decree on the welfare of the child. In the Interest of L.S.G., 767 A.2d 587 (Pa.Super.2001). This court will affirm if competent evidence supports the trial court’s findings, even if the record could also support the opposite result. Id. at 590.

In re J.T. & R.T., 817 A.2d 505, 508-09 (Pa.Super.2003). Moreover, the party seeking termination must have established grounds for termination by clear and convincing evidence. In re Julissa O., 746 A.2d 1137, 1139 (Pa.Super.2000). Clear [1234]*1234and 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.’ ” Id. (quoting In re Adoption of Alendo, 539 Pa. 161, 650 A.2d 1064, 1066 (1994).

¶ 6 As stated above, the Agency petitioned to terminate mother and father’s parental rights based on Section 2511(a)(2), (5) and (8) of the Adoption Act. 23 Pa.C.S.A. §§ 2511(a)(2), (5) and (8). The relevant parts of those sections state:

(a) GENERAL RULE — THE RIGHTS OF A PARENT IN REGARD TO A CHILD MAY BE TERMINATED AFTER A PETITION FILED ON ANY OF THE FOLLOWING GROUNDS
(2) The repeated and continued incapacity, abuse, neglect or refusal of the parent has caused the child to be without essential parental care, control or subsistence necessary for his physical or mental well-being and the conditions and causes of the incapacity, abuse, neglect or refusal cannot or will not be remedied by the parent.
(5) The child has been removed from the care of the parent by the court or under a voluntary agreement with an agency for a period of at least six months, the conditions which led to the removal or placement of the child continue to exist, the parent cannot or will not remedy those conditions within a reasonable period of time, the services or assistance reasonably available to the parent are not likely to remedy the conditions which led to the removal or placement of the child within a reasonable period of time and termination of the parental rights would best serve the needs and welfare of the child.
(8) The child has been removed from the care of the parent by the court or under a voluntary agreement with an agency, 12 months or more have elapsed from the date of removal or placement, the conditions which led to the removal or placement of the child continue to exist and termination of parental rights would best serve the needs and welfare of the child.

¶ 7 In order to terminate parental rights under Section 2511(a)(2), three elements must be met: “(1) repeated and continued incapacity, abuse, neglect or refusal; (2) such incapacity, abuse, neglect or refusal has caused the child to be without essential parental care, control or subsistence necessary for his physical or mental well-being; and (3) the causes of the incapacity, abuse, neglect or refusal cannot or will not be remedied.” In re Adoption of M.E.P., 825 A.2d 1266, 1272 (Pa.Super.2003) (citations omitted).

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Bluebook (online)
837 A.2d 1231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-armf-pasuperct-2003.