In re E.F.V.

461 A.2d 1263, 315 Pa. Super. 246, 1983 Pa. Super. LEXIS 3081
CourtSuperior Court of Pennsylvania
DecidedMay 13, 1983
DocketNo. 501
StatusPublished
Cited by28 cases

This text of 461 A.2d 1263 (In re E.F.V.) 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 E.F.V., 461 A.2d 1263, 315 Pa. Super. 246, 1983 Pa. Super. LEXIS 3081 (Pa. Ct. App. 1983).

Opinion

VAN der VOORT, Judge:

This is a case concerned with the placement of Erica V., a three year old dependent child. The natural parents have appealed the entry of an Interlocutory Order that Children and Youth Services of Allegheny County (hereinafter CYS) develop a permanency plan for Erica, which would not include her natural parents, and that all visitation rights with the natural parents be temporarily terminated, pending a review on September 22, 1982. The parents petitioned the Lower Court to certify the Order as appealable under 42 Pa.C.S. § 702 on the ground that postponement of the appeal until after the review date set by the Lower Court [248]*248would result in the irreparable loss of their visitation rights. The Lower Court granted the requested certification. On September 22, 1982, after this appeal had been taken, the Lower Court ordered that its earlier order temporarily terminating visiting rights continue to remain in effect.

Erica’s life had a sad and brutal beginning. Born September 13, 1979, she was taken from her parents’ custody seven weeks later, suffering from multiple bruises of the face and chest, fractures of both legs, fractures of several ribs, and fractures of the clavicle, an arm bone, and a hip bone. These injuries had been inflicted by her parents over the child’s seven-week life span, the outgrowth of marital stress which expressed itself not only in violence between the parents, but also in brutal abuses of the child.

At the Dependency Hearing, the parents assumed full responsibility for the mistreatment of their infant daughter, and joined in the request that she be declared a dependent child and a ward of the Court. This was done by order dated November 28, 1979, in which Erica was ruled a dependent, and was placed under the supervision of the Allegheny County Child Welfare Services in the custody of Childrens & Youth Services (CYS), with permission to place her at the Parental Stress Center.

During the next six months, Erica led a chaotic existence. She remained at the Parental Stress Center for approximately one month until December 21, 1979, when she was admitted to the Children’s Hospital. She remained at the hospital until January 19, 1980, when she was discharged into a temporary foster home.

In the meantime, the parents’ initial attempts at rehabilitation faltered. At the review hearing in the Lower Court on January 30, 1980, the Parental Stress Center reported that the parents failed 16 of 24 scheduled appointments and were uncooperative and unresponsive to the treatment offered there. At the conclusion of the hearing, the Lower Court discharged Erica from the Parental Stress Center and placed her in the custody of CYS, with permission to place her in a suitable special foster home. On May 12, 1980, she [249]*249was placed in the custody of John and Donna Dakleva, where she continues to reside in their custody. The foster parents are described in an unchallenged Finding of Fact by the Lower Court as “loving and capable foster parents”.

On April 29, 1981, seventeen months after Erica had become a ward of the Court, her parents petitioned that she be returned to them. They alleged that they had undergone an extensive program of rehabilitation, that they had maintained regular visitations with Erica, and that they were now in a position to resume care of their child.

Over the next three months, the Court held a series of hearings on the advisability of returning Erica to her parents, during which it heard the views of some ten witnesses, including both of the natural parents, several social workers who had been involved in the attempted rehabilitation of the parents, a clinical psychologist, a therapist, and the foster mother who said that she would be supportive of whatever was in Erica’s best interest, including a return to her natural parents. During the period of these hearings, the natural parents were allowed visits with Erica every other week at the Parental Stress Center.

On August 11, 1981, at the conclusion of its extensive hearings, the Court ordered that Erica should begin increased visitations with her natural parents, if all of the following conditions were met:

1) faithful participation by both parents in weekly sessions at Parents Anonymous;
2) faithful and consistent involvement of the father in job training or full time employment;
3) concrete progress by the mother in community activities and visits to friends and extended family members;
4) faithful attendance by either or both parents in such individual counseling sessions as may be directed by the staff of Parents Anonymous;
5) a positive adjustment by the child to the visits with her parents; and
[250]*2506) faithful attendance by the parents to the visitation schedule.

In the Court’s Opinion of July 27, 1982, the Court explained that “In our opinion, these conditions were necessary to assure the parents’ continued participation in the programs which were established to alleviate the problems which led to the horrid mistreatment of this child.”

The Order directed that if all of the conditions were met, the parents should visit Erica for a four-hour period every other week over a period of 90 days, and thereafter for six hours a week, with the case to be relisted for consideration on February 12, 1982, subject, however, to earlier consideration upon the motion of any party if any of the five conditions were not'met or if Erica did not adjust to the visitations in an appropriate manner.

On November 18, 1981, a review hearing was held at the request of CYS. The testimony disclosed a complete breakdown in the program required by the Order of August 11. The parents had been terminated from a Parents Anonymous Group program dealing with child abuse because they had failed to attend two sessions without explanation. The father had not begun job training nor found employment. The mother’s involvement in community activities or contact with family or friends remained minimal. The parents had missed the last two scheduled visits with their daughter without prior notice to CYS or without later explanation. Erica’s foster mother testified that Erica had reacted drastically to the four-hour visits, and that for a ten-day period following the last visit, Erica had become uncontrollable with temper tantrums, throwing herself on the floor, banging her head, and biting herself and anyone else around her. Erica’s father was present at the hearing but declined to testify. His counsel argued that the visits should continue on the August 11 schedule, and that an alternative program should be found for the parents.

At the conclusion of this review hearing, the Court directed that no visitation should take place in the next 90 days. The CYS was directed to establish a permanency plan for [251]*251Erica during this period, and a review hearing was scheduled for February 22, 1982. The natural parents petitioned for a rehearing, which was combined with the review hearing and held on February 24, 1982.

At that hearing, a child therapist testified on behalf of the natural parents that, in her opinion, it would be in Erica’s best interest to remain permanently with her foster parents, but that it would also be in her best interest to maintain some contact with her natural parents.

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Bluebook (online)
461 A.2d 1263, 315 Pa. Super. 246, 1983 Pa. Super. LEXIS 3081, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-efv-pasuperct-1983.