In re E.M.

584 A.2d 1014, 401 Pa. Super. 129, 1991 Pa. Super. LEXIS 20
CourtSuperior Court of Pennsylvania
DecidedJanuary 10, 1991
DocketNo. 1877
StatusPublished
Cited by5 cases

This text of 584 A.2d 1014 (In re E.M.) 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.M., 584 A.2d 1014, 401 Pa. Super. 129, 1991 Pa. Super. LEXIS 20 (Pa. Ct. App. 1991).

Opinions

POPOVICH, Judge:

This case requires us to review the propriety of a decree from the Orphans’ Court, Allegheny County, ordering the involuntary termination of parental rights under Pennsylvania’s Adoption Act, 23 Pa.C.S.A. § 2511, where a natural parent is found to lack the capacity to raise children. See, e.g., In re: Adoption of B.J.R., 397 Pa.Super. 11, 579 A.2d 906 (1990); In re G.D.G., 392 Pa.Super. 575, 573 A.2d 612 (1990); In re P.A.B., 391 Pa.Super. 79, 570 A.2d 522 (1990), petition for allowance of appeal filed, 81 M.Alloc.Dkt. 90 (April 7, 1990). We affirm.

[132]*132Appellant, Elizabeth M., is the natural mother of Louis C. and Erick C., her eight and nine-year-old sons, respectively. The record discloses that Elizabeth suffers from mental retardation. Her son Erick suffers from both physical and mental retardation and is diagnosed “educable mentally retarded.” Her younger son Louis is learning disabled. The children were first referred to the Allegheny County Children and Youth Services (“C & YS”) in June, 1982. At this time it appeared that, apart from spousal violence, the family1 was experiencing difficulty paying rent and purchasing food due to the father’s expensive drinking habits. By March, 1983, the situation worsened to a degree where the family, evicted from their residence, was forced to seek temporary accommodations at the local Salvation Army. It is here where C & YS began to observe the mother’s parenting deficiencies. The Salvation Army staff reported the mother as feeding her child water-diluted formula and spoiled milk from dirty bottles. The staff also noted that often she left soiled diapers in her room for days at a time. On December 12, 1983, the children were adjudicated dependant and placed with a foster family where presently they remain and from whom C & YS has received indication as to their intentions for adoption pending these proceedings. H. T. August 29, 1989 at 14.

The scope of appellate review from a decree of the Orphans’ Court involuntarily terminating parental rights has been stated thusly:

If a 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 [133]*133proof is upon the party seeking termination to establish by ‘clear and convincing’ evidence that the existence of grounds for doing so. See Santosky v. Kramer, 455 U.S. 745, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982); In Re: T.R., 502 Pa. 165, 166, 465 A.2d 642, 642-43 (1983) [adopting the Santosky evidentiary standard in Pennsylvania].

In the Matter of the Adoption of G.T.M., 506 Pa. 44, 46, 483 A.2d 1355, 1356 (1984). Broad, comprehensive review of the record below is the earmark of our review construct, however, “an appellate court will not reverse an order for termination of parental rights unless it is apparent that the trial court abused its discretion, committed an error of law, or lacked evidentiary support for its findings.” In re Adoption of James J., 332 Pa.Super. 486, 481 A.2d 892, 896 (1984). We leave to the chancellor all assessments of credibility, see Adoption of S.H., 476 Pa. 608, 383 A.2d 529 (1978), yet subject to our independent assessment all inferences, deductions and conclusions derived from testimony credited by the judge below. See Rinker Appeal, 180 Pa.Super. 143, 150, 117 A.2d 780, 784 (1955) (determination before the court “depend[ed] upon inferences to be drawn from the evidence rather than the credibility of the witnesses”); Matter of M.L.W., 307 Pa.Super. 29, 452 A.2d 1021 (1982).

Judge Mazur heard testimony from Pat Supancic, a C & YS caseworker assigned to the case in 1986. Ms. Supancic continued in a supervisory capacity up to and during these proceedings. Her testimony confirmed that Elizabeth, following removal, Elizabeth remained steadfast in her plea not to have the children adopted and at all times worked for their return to her custody. To this end, Ms. Supancic testified that Elizabeth was repeatedly advised of the requirements necessary for the return of her children. Ms. Supancic recalled: “it was always explained to [Elizabeth] what situations were needed for the children to [return]____” “She knew she would have to have a stabilized home, that she would need to be able to show that she can [134]*134handle both of the children independently____” 2 H.T. August 29, 1989 at 10, 21. Notably, within a span of approximately six years Elizabeth enrolled and earnestly participated in a variety of programs including: Parents Anonymous, Begin Again, Esprit, Chartiers MH/MR Community Living Program, C & YS Homemaker and the Hill House Parent’s Skill Program. Elizabeth also had been receiving independent therapy up to the time of this disposition.

The record reveals a marked improvement in Elizabeth’s standard of living subsequent to the removal of her children, to-wit: she had, for the previous two years prior to commencement of the instant proceedings, been living with her paramour John Colvin and maintained a clean residence and stable living environment. Unfortunately, the record also suggests that the programs proved to be of limited utility for a mother in Elizabeth’s unique situation, i.e., for mothers of limited mental acuity with “special needs” children already placed in foster care.3 Apparently, it was the exhaustion of viable service programs which served as the catalyst for C & YS opting for a plan of adoption in 1985. H.T. August 29, 1989 at 26. Judge Mazur credited this observation below, accepting that C & YS exhausted all possible alternatives available to a mentally retarded parent [135]*135with “special needs” children. At the same time, the judge found no significant or noticeable improvement in Elizabeth’s parenting skills. Opinion at 5.

The principal testimony offered to describe, firsthand, Elizabeth’s present incapacity to parent was that of Kerrie Allenby, a Family & Community Services (“F & CS”) caseworker assigned to the family from October, 1987, to May, 1989. Ms. Allenby’s responsibilities included the supervision of foster care placement for “special needs” children, and the coordination and supervision of bi-monthly visitations between dependent children and their natural parents. According to Ms.

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

Related

In the Int. of: K.T. Apl of: K.T.
Supreme Court of Pennsylvania, 2023
In the Int. of: K.T. Apl of: CYF
Supreme Court of Pennsylvania, 2023
In Re the Adoption of B.G.S.
614 A.2d 1161 (Superior Court of Pennsylvania, 1992)
In Re EM
584 A.2d 1014 (Superior Court of Pennsylvania, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
584 A.2d 1014, 401 Pa. Super. 129, 1991 Pa. Super. LEXIS 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-em-pasuperct-1991.