In Re GPR

851 A.2d 967
CourtSuperior Court of Pennsylvania
DecidedJune 3, 2004
StatusPublished

This text of 851 A.2d 967 (In Re GPR) 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 GPR, 851 A.2d 967 (Pa. Ct. App. 2004).

Opinion

851 A.2d 967 (2004)

In re: G.P.-R. a/k/a Baby Boy R.
Appeal of: G.P.-R. Natural Father, Appellant.
In the Interest of G.R.
Appeal of: G.P.-R. A Natural Father,

Superior Court of Pennsylvania.

Submitted February 23, 2004.
Filed June 3, 2004.

*970 Gunnar L. Armstrong, Lancaster, for appellant.

Jeffrey Gonick, Leola, Guardian Ad Litem, for appellee.

Lisa J. McCoy, Lancaster, for A.R., appellee.

Anne L. Cooper, Lancaster, for Lancaster County, appellee.

Before: JOYCE, BENDER and KELLY, JJ. *968

*969 BENDER, J.

¶ 1 G.P.-R. (Father), the natural father of G.R., appeals from two orders both dated June 30, 2003, that changed the placement goal from reunification to adoption, and granted the petition to terminate Father's parental rights to G.R. filed by the Lancaster County Children and Youth Social Service Agency (Agency).[1] We affirm both orders.[2]

¶ 2 On April 8, 2002, following a permanency hearing, the placement goal for the child was changed from "return-to-home" to "adoption" pursuant to the Juvenile Act, 42 Pa.C.S. §§ 6301-6365, based in part upon a finding of aggravated circumstances. See 42 Pa.C.S. § 6302. Father filed exceptions that were not served on the Agency. Subsequently, on July 3, 2002, the Agency filed the termination petition, alleging that the parental rights of both Mother and Father should be terminated pursuant to 23 Pa.C.S. § 2511(a)(1), (2), (5) and (8). Counsel was appointed for Father, and the court consolidated the goal change and the termination proceedings for joint disposition.[3] Hearings on both matters were held on January 29 and 30, 2003, and based on the testimony and other evidence received, the court set forth the following recitation of the facts:

The child was born on April 11, 2001 at the Women's and Babies' Hospital. Mother is a heroin addict who was taking methadone during the last two months of the pregnancy and she had received no prenatal care. She had used an assumed name in order to receive methadone treatment from a clinic in Coatesville, Pennsylvania. She used the assumed name because there was an outstanding warrant for her arrest on a charge of violating her parole. The Agency took physical custody of the child on April 12, 2001. The child remained in the hospital for several days since he needed to be observed for heroin and methadone withdrawal.

At the time of the child's birth, [F]ather was incarcerated in the Lancaster County Prison. Ultimately, he received a State Prison sentence of 1-1/2 to 3 years on a burglary conviction. This *971 sentence was imposed on June 15, 2001. On November 28, 2002, [F]ather was released from the State Correctional Institution at Frackville, Pennsylvania to a half-way house, Community Correction Program at Conewago, Wernersville, Pennsylvania. He was released on parole from the half-way house on approximately January 20, 2003.

On April 12, 2001, [F]ather was advised of his various rights by Lorraine D. Drost who was a caseworker with the Agency. At that time, [F]ather indicated that no members of his family were in a position where they could care for the child.
Subsequent to the Agency taking custody of the child, an adjudication was scheduled for July 24, 2001. Father was unable to attend since the Agency did not have sufficient time to arrange for his transport from the classification unit at the State Correctional Institution at Camp Hill. At that time, Attorney Daniel Shertzer was appointed counsel for [F]ather. Attorney Shertzer advised the Agency that he would make arrangements for [F]ather to attend the continued hearing if [F]ather contacted him. On August 1, 2001, the Agency sent a letter to [F]ather requesting that he contact Mr. Shertzer. It advised him that the adjudication/disposition hearing was scheduled for October 9, 2001. A follow-up letter was sent by the Agency to [F]ather on August 17, 2001. This letter again advised [F]ather to contact Attorney Shertzer if he wished representation. Father did not attend the adjudication hearing and at that time, Attorney Shertzer's appearance was withdrawn.
A placement plan amendment was approved on October 9, 2001. This plan set forth various conditions for the return home of the child.
Doris Risser is an adoption caseworker and had a telephone conference with [Father] prior to the initial date for the adjudication hearing. While incarcerated at Frackville, [F]ather sent one letter to Ms. Risser and he never called her. After his release from prison, he called Ms. Risser requesting pictures of the child and assistance in obtaining parenting classes. Father first wrote a letter to the child on or about June 25, 2002. There were later letters from [F]ather which were received by the Agency on October 19, 2002, November 10, 2002 and December 9, 2002. The only gifts that [F]ather sent to the child were a handkerchief enclosed with the letter of December 19, 2002 and a photograph of himself.
For a period in excess of one year, [F]ather displayed a complete lack of interest in the child. He failed to inquire of the Agency concerning the child's well being and there were no attempts at contact with his son. Significantly, [F]ather never indicated that he was having difficulty in contacting the Agency.
Father's testimony concerning his excuses for failing to write and attempt contact were incredible and unworthy of belief. I was impressed that [F]ather is a recidivist who testified concerning his attempts to manipulate the prison and parole systems. He testified that he did not have a drug problem and that he participated in programs such as the Twelve Steps solely in an attempt to reduce his sentence. Like his behavior in prison, I found his testimony to be a very superficial effort to manipulate the Court so that he could maintain his parental rights without demonstrating any commitment or responsibility.

* * *

*972 G.P.R. has been in placement virtually his entire life. He resides in a foster home with his half-brother who has already been adopted by his foster parents. He recognizes his foster parents as his true parents. He has never had any contact with his biological father. Accordingly, the child has never developed any bond with his biological father. To terminate the parent-child relationship between G.P.-R. and his biological father will not have any adverse affect on the child. He has done extraordinarily well developmentally. His only "problem" has been a rather common one with inner ear infections which has been remedied through the use of tubes. He is extremely bonded to his foster parents. To disrupt a developing and happy child from the stable loving family unit would be the height of injustice. For all these reasons, the termination of parental rights is in the best interest of the child.

Trial Court Opinion (T.C.O.), 10/28/2003, at 4-7, 10 (citations to the record omitted). Accordingly, with reliance on the above, the court confirmed the goal change to adoption and ordered the involuntary termination of Father's parental rights pursuant to four subsections of Section 2511(a) of the Adoption Act, 23 Pa.C.S. § 2511(a)(1), (2), (5) and (8).[4] This appeal followed.

¶ 3 On appeal, Father raises four issues for our review:

1.

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Bluebook (online)
851 A.2d 967, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-gpr-pasuperct-2004.