In re C.M.S.

832 A.2d 457
CourtSuperior Court of Pennsylvania
DecidedAugust 11, 2003
StatusPublished
Cited by193 cases

This text of 832 A.2d 457 (In re C.M.S.) 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 C.M.S., 832 A.2d 457 (Pa. Ct. App. 2003).

Opinion

POPOVICH, J.:

¶ 1 This is an appeal from the order entered on October 4, 2002, in the Court of Common Pleas, Dauphin County, which denied T.S. and R.S.’s petition for involuntary termination of D.E.H., Jr.’s (Father) parental rights as to his minor child, C.M.S. Upon review, we reverse and remand for proceedings consistent with this Opinion.

¶ 2 C.M.S. (Child) was born to E.S. (Mother) and Father on June 4, 2001. Mother (D.O.B. 12/6/76) and Father (D.O.B. 8/30/65) were not married when Child was born, and they did not reside together. However, Father and Mother had and, at the time of the termination hearing, continued to have a romantic relationship. Appellants T.S. and R.S., the prospective adoptive parents, are not related to either Father or Mother.

¶ 3 During Mother’s pregnancy, she began arranging through Carol Starr for the placement and adoption of Child without notifying Father.1 Mother gave birth to child on June 4, 2001. Father visited Mother and Child in the hospital on one occasion. Mother and Child were released from the hospital on June 7, 2001. Immediately, Mother went to the home of Ms. Starr and placed Child in the care of Ms. Starr, who was acting as the intermediary between Mother and Appellants. Mother executed a Consent for Adoption on June 7, 2001, and voluntarily terminated her parental rights. Ms. Starr then placed Child in physical custody of Appellants. Child remained in Appellants’ custody from the placement date and continues to do so.

¶4 On May 22, 2002, Appellants petitioned for the involuntary termination of Father’s parental rights pursuant to 23 Pa.C.S.A. § 2511(a)(1) and (6), and for confirmation of Mother’s consent for adoption. The trial court scheduled a hearing on the petition for involuntary termination of parental rights and confirmation of Mother’s consent. The trial court conducted a hearing on August 23, 2002, at which Father appeared but did not have counsel. The trial court confirmed Mother’s consent and terminated her parental rights as to Child by order entered August 23, 2002. The trial court then appointed counsel to represent Father and counsel to act as a child advocate. The court rescheduled the hearing on the petition to terminate parental rights involuntarily. At the rescheduled hearing on October 4th, the trial court heard testimony on the issue of involuntary termination of Father’s parental rights. By order entered on October 4, 2002, the trial court denied Appellants’ petition. This timely appeal followed.2 The trial court ordered Appellants to file a Concise Statement of Matters Complained of on Appeal pursuant to Pa.R.A.P. 1925(b), and they complied. The trial court issued its Pa.R.A.P. 1925(a) Opinion.

[460]*460¶ 5 Appellants present the following issues for our review:

1. Whether the trial court abused its discretion in denying adoptive parents’ Petition for Involuntary Termination of Father’s parental rights pursuant to § 2511(a)(1) of the Adoption Act.
a. Whether the trial court abused its discretion in finding that the adoptive parents failed to produce clear and convincing evidence of Father’s settled intent to relinquish his parental claim to the child, or refused or failed to perform parental duties for the child for a period of six (6) months prior to the filing of the Petition for Involuntary Termination.
b. Whether the trial court abused its discretion in not finding that Father failed to utilize all available resources to preserve the parental relationship and in not finding that Father failed to exercise reasonable firmness in resisting obstacles in the path of establishing and maintaining the parental relationship.
c. Whether the trial court erred as a matter of law by finding that the intermediary should have revealed the location of Child after placement with the adoptive parents.
2. Whether the trial court abused its discretion in denying the adoptive parents’ Petition for Involuntary Termination of Father’s parental rights pursuant to § 2511(a)(6) of the Adoption Act, as the testimony demonstrated that Father knew of Child’s birth, did not reside with Child, failed to make reasonable efforts to maintain a relationship with Child for the four (4) months preceding the filing of the petition, and failed to provide support for Child for the same four (4) month period.
3.Whether the trial court abused its discretion in failing to give primary consideration to the development, physical and emotional needs and welfare of Child.

Appellant’s Brief at 4r-5.

¶ 6 In In re Adoption of J.J., 511 Pa. 590, 515 A.2d 883 (1986), our Supreme Court stated the scope of review in termination cases is as follows:

Our scope of review, as well as the burden of proof in involuntary termination eases, has been clearly defined and reiterated in several recent decisions by this Court. In Matter of Adoption of G.T.M., 506 Pa. 44, 483 A.2d 1355 (1984), we stated:
In cases where there has been an involuntary termination of parental rights by the Orphans’ Court, the scope of appellate review is limited to the determination of whether the decree of termination is supported by competent evidence. In re Adoption of B.D.S., 494 Pa. 171, 177, 431 A.2d 203, 206 (1981). If the decree is adequately supported by competent evidence, and the chancellor’s findings are not predicated upon capricious disbelief of competent and credible evidence, the adjudication of the Orphans’ Court terminating parental rights will not be disturbed on appeal. See In re Adoption of M.M., 492 Pa. 457, 460, 424 A.2d 1280, 1282 (1981). It is established that, in a proceeding to involuntarily terminate parental rights, the burden of proof is upon the party seeking termination to establish by “clear and convincing” evidence the existence of grounds for doing so. Santosky v. Kramer, 455 U.S. 745, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982); In [461]*461re T.R., 502 Pa. 165, 166, 465 A.2d 642, 642-643 (1983).
Id. at 46, 483 A.2d at 1356.

In re J.J., at 593, 515 A.2d at 885-886. See also In re Child M., 452 Pa.Super. 230, 681 A.2d 793, 797 (1996), appeal denied, Child M. v. Smith, 546 Pa. 674, 686 A.2d 1307 (1996).

¶ 7 As the party seeking termination, Appellants bore the burden of establishing clear and convincing evidence to do so.

¶ 8 Permissible grounds for involuntary termination of parental rights are specified in 23 Pa.C.S.A. § 2511. The trial court founded its order of termination based on §§ 2511(a)(1) and (a)(6), which state as follows:

(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:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Adoption of: R.C. Appeal of: C.C.
Superior Court of Pennsylvania, 2025
Term. of Par. Rights to L.J.A., Appeal of: K.K.
Superior Court of Pennsylvania, 2023
Term. of Par. Rights H.J.P., Appeal of: N.I.L., II
Superior Court of Pennsylvania, 2023
In the Int. of: M.S.-L., Appeal of: R.L.
Superior Court of Pennsylvania, 2023
Adoption of: M.A.G., Appeal of J.N.Y.
Superior Court of Pennsylvania, 2022
In Re: Adopt. of: S.F., Appeal of: H.B.
Superior Court of Pennsylvania, 2021
Term. of Par. Rights to H.O.C., Appeal of: J.E.C.
Superior Court of Pennsylvania, 2020
In Re: P.H.J.P. Appeal of: G.P., Father
Superior Court of Pennsylvania, 2020
In the Int of: A.F.C., Appeal of: R.C.
Superior Court of Pennsylvania, 2020
In Re: P.G.F., Appeal of: K.F.
Superior Court of Pennsylvania, 2020
In Re: R.A.S., Appeal of: C.S.
Superior Court of Pennsylvania, 2020
In Re: B.I.S., Appeal of: T.S.
Superior Court of Pennsylvania, 2019
In the Interest of: A.G., Appeal of: J.B.
Superior Court of Pennsylvania, 2019
In the Int. of: J.M.L.M., Appeal of: J.F.
Superior Court of Pennsylvania, 2019
In Re: A.F.F., Appeal of: C.C.
Superior Court of Pennsylvania, 2019
In the Int. of: N.W., Appeal of: N.W.
Superior Court of Pennsylvania, 2019
In Re: M.I.S., Jr., Appeal of: K.T.D.
Superior Court of Pennsylvania, 2019
In the Interest of: J.M.H., Appeal of: K.L.R.
Superior Court of Pennsylvania, 2019
In the Interest of: D.M.L., a Minor
Superior Court of Pennsylvania, 2019
In Re: B.S.G., Appeal of: G.G., lll
Superior Court of Pennsylvania, 2018

Cite This Page — Counsel Stack

Bluebook (online)
832 A.2d 457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-cms-pasuperct-2003.