In re Greenwald Minors

60 Pa. D. & C.2d 468, 1973 Pa. Dist. & Cnty. Dec. LEXIS 394
CourtPennsylvania Court of Common Pleas, Adams County
DecidedFebruary 14, 1973
Docketnos. 7 through 11 of 1972
StatusPublished

This text of 60 Pa. D. & C.2d 468 (In re Greenwald Minors) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Adams County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Greenwald Minors, 60 Pa. D. & C.2d 468, 1973 Pa. Dist. & Cnty. Dec. LEXIS 394 (Pa. Super. Ct. 1973).

Opinion

MacPHAIL, P. J.,

On July 25, 1972, Adams County Children’s Services, an approved agency for the care and supervision of children, operating under the sponsorship and direction of the Department of Welfare of the Commonwealth of Pennsylvania and the County of Adams, filed petitions for the involuntary termination of parental rights as to the five minor children of Rosemary and Ronald Lee Greenwald. At that time, the children ranged in age from three to eight years. As requested by the petitions, a time for hearing was fixed and the agency was directed to give 10 days written notice of the time and purpose of the hearing by certified mail to the natural parents of the children. On August 7th, the date fixed for the hearing, all petitions were joined for hearing at one time, the agency presented evidence that notice of the time and purpose of the hearing had been sent as directed by the court to the last known address of the natural parents. That notice was returned showing that delivery could not be made because the addressees had moved and had left no forwarding address. The natural parents did not appear at the hearing nor were they represented by counsel.

At the hearing, witnesses testified on behalf of the agency and the testimony was recorded and trans-scribed. It appears from the testimony at that hearing that all five children were delivered into the care of the agency on September 14, 1970, by a voluntary placement of the parents because of a complete family [470]*470breakdown. The family had been evicted from their home, had no means of financial support and the parents were unable to care for their children. The children remained in the custody of the agency in foster home care continuously from the date of the voluntary placement until the date of the hearing on the petition to terminate parental rights. Witnesses testified that the last contact either parent had had with the children was April 17, 1971. Prior to April 17, 1971, the agency made sincere efforts to reconstruct the family and encouraged visitation between the parents and their children. After April 17, 1971, the agency made repeated attempts through relatives of the natural parents to locate them without success. Just two weeks prior to the hearing on the involuntary termination of parental rights, the agency contacted both the maternal and paternal grandparents of the subject children and neither set of grandparents could give the agency any information about the whereabouts of their children.

When the children were placed in the custody of the agency in 1970, the parents agreed to pay the sum of $80 per month for the support of their children. In 1970, only $20 was received. In 1971, $250 was paid, but nothing was paid after March 26, 1971. After the usual arrearage notices, all of which were returned as undeliverable, a bench warrant was issued for the fathers arrest for failure to comply with the court order. Attempts were made to serve the warrant in Adams and Dauphin Counties. The support officer reported that no service of the warrant was had.

On the basis of all of the testimony received at the hearing, we entered decrees on August 8,1972, terminating the parental rights of Rosemary and Ronald Lee Greenwald with respect to their five children on the ground that the parents had evidenced a settled [471]*471purpose of relinquishing parental claim to their children for a period of at least six months: section 311(1) of the Adoption Act of July 24, 1970, P. L. 620, 1 PS §311.

On September 5, 1972, notice of intent to adopt was filed with respect to Sandra Kathleen Greenwald, age 3. On December 28, 1972, a notice of intent to adopt was filed with respect to David John Greenwald, age 4.

On December 12, 1972, the natural pother filed petitions to open and set aside our orders terminating her parental rights with respect to each of the children, alleging that she had now returned to the Commonwealth where she resided and worked, that she “does now and has always” manifested great love and concern for her children and that valid reasons existed for the apparent disregard of the children by the mother. A rule was issued upon the Adams County Children’s Services to show cause why the prayers of the petitions should not be granted. A hearing was held on those rules. At the hearing, the natural mother appeared and testified. She did not contradict any of the testimony we had heard at the involuntary termination of parental rights proceeding. She said that she and her husband lived at various addresses after the children were placed with Adams County Children’s Services, that her husband had committed a crime and that was why they kept their location a secret and that they had finally located in the State of Virginia where her husband was successfully employed, but before she could contact Adams County Children’s Services to advise them that they wanted to have their children back, her husband deserted her. She says she does not know the present whereabouts of her husband. She presently resides in a two bedroom house with her parents in the City of Harrisburg. She [472]*472is gainfully employed. She says that if the children are returned to her, her mother will assist her with their care. Both her mother and father were present and verified these facts. Mrs. Greenwald said she did not understand when she placed the children with Adams County Children s Services that proceedings could be taken to terminate her parental rights.

It must be observed at the outset that no exception has been taken to the procedures followed by the agency or the court with respect to the termination of the parental rights of the present petitioner. Petitioner here appeals to the conscience of the court to obtain her relief. Petitioner does not allege that fraud was perpetrated upon the court, that the truth has been suppressed or that the termination decrees are void or mere nullities for lack of jurisdiction, notice to the parties, etc. See Cochran v. Eldridge, 49 Pa. 365 (1865), and Macoluso’s Naturalization, 237 Pa. 132 (1912).

On the other hand, we are well aware of the grave responsibilities imposed upon the courts where the permanent severance of the parent-child relationship is involved: S.K.L. v. Smith, 480 S.W. 2d 119 (Missouri Court of Appeals, 1972) and Involuntary Termination of Parental Rights, 448 Pa. 528, 297 A. 2d 117 (1972). It will be noted that in both the Smith and Jones cases, supra, the natural parents actively contested the entry of a decree. Here, the decrees were entered before the natural parent interposed an objection. Furthermore, in reliance upon the court’s decrees, adoption proceedings have been commenced with respect to two of the children.

While the court has the inherent right to set aside its own orders, judgments or decrees, where the circumstances warrant, it must necessarily follow in the interest of certainty in the law that such orders, judg[473]*473ments and decrees should not be disturbed in the absence of compelling circumstances such as fraud, etc., supra. Thus, while we should not disturb a parent-child relationship in the absence of compelling evidence, Jones case, supra, neither should we disturb our decrees in the absence of the same kind of compelling evidence. The allegations in the petition and the testimony were simply not adequate in this respect. There is no doubt in our mind, even in the face of petitioner’s testimony, that there were proper grounds to enter the involuntary termination decrees.

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Related

Jacono Adoption Case
231 A.2d 295 (Supreme Court of Pennsylvania, 1967)
Jones Appeal
297 A.2d 117 (Supreme Court of Pennsylvania, 1972)
In the Interest of S. K. L. v. Smith
480 S.W.2d 119 (Missouri Court of Appeals, 1972)
Cochran v. Eldridge
49 Pa. 365 (Supreme Court of Pennsylvania, 1865)
Macoluso's Naturalization
85 A. 149 (Supreme Court of Pennsylvania, 1912)
Involuntary Termination of Parental Rights
291 A.2d 771 (Supreme Court of Pennsylvania, 1972)

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Bluebook (online)
60 Pa. D. & C.2d 468, 1973 Pa. Dist. & Cnty. Dec. LEXIS 394, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-greenwald-minors-pactcompladams-1973.