In Re CS

761 A.2d 1197
CourtSuperior Court of Pennsylvania
DecidedOctober 26, 2000
StatusPublished
Cited by7 cases

This text of 761 A.2d 1197 (In Re CS) 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 CS, 761 A.2d 1197 (Pa. Ct. App. 2000).

Opinion

761 A.2d 1197 (2000)

In the Interest of C.S.
Appeal of C.S., Sr., Appellant.

Superior Court of Pennsylvania.

Argued June 19, 2000.
Filed October 26, 2000.

*1198 Betty A. Simon, Philadelphia, for appellant.

Cynthia N. Keller, Philadelphia, for C.S., appellee.

BEFORE: CAVANAUGH, KELLY, POPOVICH, JOHNSON, HUDOCK, FORD ELLIOTT, EAKIN, STEVENS, and TODD, JJ.

TODD, J:

¶ 1 Appellant, C.S., Sr., appeals the order of the Court of Common Pleas of Philadelphia County terminating his parental rights to his son, C.S., Jr. (C.S.). For the reasons stated below, we affirm.

¶ 2 The record of the termination hearing reveals the following background. C.S. was born on August 6, 1992 in Philadelphia, Pennsylvania. (N.T., 8/13/98, at 10.) He was placed in a foster home on November 30, 1994 after a General Protective Services report was received by the Philadelphia Department of Human Services (DHS). (Id. at 11-12.) The report indicated that under the care of their mother, C.S. and his older brother, W.S.,[1] were dirty, neglected, and living in a filthy, roach-infested house with exposed wires. (Id. at 13.) On February 14, 1995, C.S. was adjudicated dependent. (Id. at 10-11.) The parental rights of C.S.'s mother, K.S., were terminated in 1998. (Id. at 11.)

¶ 3 C.S. has been living in the same foster home since his placement in November of 1994. (Id. at 10, 14.) C.S.'s younger brother, R.S., was born in August 1995 and placed in the same foster home. (Trial Court Exhibit No. 11, at 2.) The foster parents are presently in the process of adopting R.S.,[2] and would like to adopt C.S. and W.S.[3] if the children's goals are *1199 changed to adoption. (N.T., 8/13/98, at 14, 17.)

¶ 4 Appellant, father of C.S., has a history of criminal behavior dating back to 1986. (Id. at 18-19.) He has been incarcerated multiple times for various offenses, including assault, robbery, burglary, and possessing and dealing in controlled substances. (Id. at 24-33.) He was incarcerated at the time of C.S.'s birth and, but for one month, has been incarcerated since that time. (Id. at 11, 62.) He currently is serving a sentence for possession of a controlled substance at a state correctional center in Pittsburgh, Pennsylvania. (Id. at 10, 29.) His early release date was June 1999 and his maximum release date is September 2003. (Id. at 10.) There is no evidence that Appellant ever lived with C.S. (Id. at 11-12.)

¶ 5 A petition for termination of Appellant's parental rights and to change C.S.'s goal to adoption was filed by DHS in February 1998. The trial court held a termination hearing on August 13, 1998, in which Appellant participated by phone from prison. Except for the testimony of Appellant, the evidence at the hearing consisted of stipulated testimony and exhibits from counsel. Following that hearing, the court determined that Appellant's parental rights should be terminated, but held any order to that effect in abeyance. Further argument was heard on September 8, 1998. Immediately thereafter, the trial court issued a decree terminating Appellant's parental rights, changing C.S.'s goal to adoption, and denying Appellant's request for reconsideration.

¶ 6 On appeal, a three-judge panel of this Court reversed the order of the trial court because the petition for termination did not appear of record. In re C.S., No. 3128 Philadelphia 1998 (Pa.Super. filed January 7, 2000) (unpublished memorandum). Subsequently, the record was supplemented with the petition and we allowed reargument en banc.

¶ 7 Appellant raises three issues on appeal:[4]

1) Did the trial court err in finding that Petitioner had established by clear and convincing evidence that the statutory requirements for involuntary termination of parental rights were met where the child was not removed from Appellant's care?

2) Did the trial court err in finding that Petitioner had established by clear and convincing evidence that the statutory requirements for involuntary termination of parental rights were met where the incarcerated father (Appellant) maintained contact with the children through visits, birthday cards and presents with the assistance of his family?

3) Did the trial court err in finding that Petitioner had established by clear and convincing evidence that involuntary termination of Appellant's parental rights best serves the needs and welfare of the children where the trial court record is devoid of expert or lay opinion testimony?

(Appellant's Brief, at 3.)

¶ 8 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. See In re K.C.W., 456 Pa.Super. 1, 689 A.2d 294, 298 (1997). Absent an abuse of discretion, an error of law, or insufficient evidentiary support for the trial court's decision, the decree must stand. Id. 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. See In re Child M., 452 Pa.Super. 230, 681 A.2d 793, 800 (1996). 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. See In re Matsock, 416 Pa.Super. 520, 611 A.2d 737, 742 (1992).

¶ 9 Permissible grounds for involuntary termination of parental rights are specified *1200 in 23 Pa.C.S.A. § 2511. The trial court founded its decree of termination on subsections 2511(a)(1), (5), and (8). (Decree of Involuntary Termination of Parental Rights, 9/8/98.) Section 2511 provides in relevant part:

Grounds for involuntary termination
(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:
(1) The parent by conduct continuing for a period of at least six months immediately preceding the filing of the petition either has evidenced a settled purpose of relinquishing parental claim to a child or has refused or failed to perform parental duties.
* * *
(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.
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Cite This Page — Counsel Stack

Bluebook (online)
761 A.2d 1197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-cs-pasuperct-2000.