In Re: H.C., a Minor

CourtSuperior Court of Pennsylvania
DecidedMarch 18, 2022
Docket1243 MDA 2021
StatusUnpublished

This text of In Re: H.C., a Minor (In Re: H.C., a Minor) 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: H.C., a Minor, (Pa. Ct. App. 2022).

Opinion

J-A05007-22

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

IN RE: H.C., A MINOR : IN THE SUPERIOR COURT OF : PENNSYLVANIA : APPEAL OF: H.H., MOTHER : : : : : : No. 1243 MDA 2021

Appeal from the Order Entered August 31, 2021 In the Court of Common Pleas of Susquehanna County Orphans' Court at No(s): Adopt-019-2019

BEFORE: OLSON, J., KUNSELMAN, J., and STEVENS, P.J.E.*

MEMORANDUM BY OLSON, J.: FILED: MARCH 18, 2022

Appellant, H.H., (“Mother”) appeals from the August 31, 2021 order

terminating her parental rights pursuant to Section 2511 of the Adoption Act,

23 Pa.C.S.A. §§ 2101-2938 to her dependent child, H.C., who was born in

December 2010. We remand this case in order that the trial court may

prepare a comprehensive opinion in accordance with this memorandum.

The record demonstrates the following procedural history.1 On August

21, 2019, Susquehanna County Services for Children and Youth (“SCSCY”)

filed a petition for involuntary termination of Mother’s parental rights to H.C.

(“termination petition”) pursuant to 23 Pa.C.S.A. §§ 2511(a)(1), (a)(2), ____________________________________________

* Former Justice specially assigned to the Superior Court.

1 The trial court’s August 31, 2021 amended order terminating Mother’s parental rights does not provide a detailed procedural and factual history of this case, as discussed more fully infra. J-A05007-22

(a)(5), and (b).2 On September 28, 2020, Mother executed a consent to

adoption in which she agreed to the voluntary termination of her parental

rights to, and adoption of, H.C. Petition to Confirm Consent, 11/5/20, at

Exhibit A (“Consent to Adoption”). SCSCY petitioned the trial court to confirm

Mother’s consent to voluntary termination of her parental rights and adoption

on November 5, 2020. On January 15, 2021, the trial court found that Mother

wished to revoke her consent to voluntary termination of parental rights and

adoption, and the trial court entered an order granting Mother’s motion to

revoke her consent and ordered that the matter proceed with an involuntary

termination hearing. Trial Court Order, 1/15/21.

The trial court conducted an involuntary termination hearing virtually

via advanced communication technology due to the COVID-19 global

pandemic on March 1, 2021, March 23, 2021, June 30, 2021, and August 13,

2021, and conducted a person-to-person in-camera review of the child on July

1, 2021, at which only the child and guardian ad litem were present by

stipulation of the parties. On August 23, 2021, the trial court entered an order

terminating Mother’s parental rights to H.C. Trial Court Order, 8/23/21. On

August 31, 2021, the trial court entered an amended order terminating

____________________________________________

2 A review of the certified record reveals that the parental rights of J.C., the child’s biological father, (“Father”) were involuntarily terminated by trial court order dated September 30, 2020, and entered October 5, 2020. Trial Court Order, 10/5/20. Father did not appeal the order terminating his parental rights and he is not a party to this appeal.

-2- J-A05007-22

Mother’s parental rights to H.C. that included a correction as to Father’s last

name.3 Trial Court Amended Order, 8/31/21. This appeal followed. ____________________________________________

3 On September 17, 2021, Mother appealed from the August 23, 2021 order terminating her parental rights to H.C., and this Court docketed the appeal at 1242 MDA 2021. That same day, Mother also appealed from the August 31, 2021 amended order terminating her parental rights to H.C., and this Court docketed that appeal at 1243 MDA 2021.

In an October 25, 2021 per curiam order, this Court directed Mother to show cause why her appeal docketed at 1242 MDA 2021 should not be quashed for lack of jurisdiction in light of the amended order entered on August 31, 2021. Mother filed a response with this Court on November 4, 2021, stating that she filed a notice of appeal from both trial court orders terminating her parental rights in order to preserve her appellate rights. Mother requested that this Court consolidate the two appeals. In a November 8, 2021 per curiam order, this Court quashed Mother’s appeal docketed with this Court at 1242 MDA 2021 on the basis “it appears that the August 2[3], 2021 [order] is a legal nullity” in light of the August 31, 2021 amended order.

Section 5505 of the Pennsylvania Judicial Code states that, “[e]xcept as otherwise provided or prescribed by law, a court upon notice to the parties may modify or rescind any order within 30 days after its entry, notwithstanding the prior termination of any term of court, if no appeal from such order has been taken or allowed.” 42 Pa.C.S.A. § 5505 (emphasis added). Therefore, the trial court in the case sub judice was permitted pursuant to Section 5505 of the Judicial Code to modify its August 23, 2021 order terminating Mother’s parental rights to H.C. but only after providing notice to the parties. See Commonwealth v. Renninger, ___ A.3d ___, 2022 WL 16581, at *13 (Pa. Super. 2022 Filed January 3, 2022) (en banc) (slip opinion). Here, the certified record contains no such notice. However, unlike the circumstances in Renninger, supra, where the appellant objected to the trial court’s failure to provide notice and the modified order included a substantive change to the original order, the parties in the case sub judice did not raise an objection to the trial court’s failure to provide notice to the parties prior to entering the August 31, 2021 amended order. Moreover, a review of the August 31, 2021 amended order demonstrates that the only modification was to correct a typographical error pertaining to Father’s last name. As such, we find that Mother’s appeal properly lies from the August 31, 2021 order terminating her parental rights to H.C. despite the trial court’s failure to

-3- J-A05007-22

Mother raises the following issues for our review:

[1.] Did the trial court err [or] abuse its discretion in terminating the parental rights of [Mother], where [SCSCY] failed to present sufficient evidence to satisfy the elements of 23 Pa.C.S.A. § 2511(a)(2) or [another] section not specifically mentioned in the trial court's [August 31, 2021] amended order?

[2.] Did the trial court err or abuse its discretion in terminat[ing] the parental rights of [Mother], where [SCSCY] failed to present sufficient evidence to establish that termination was in the best interest of H.C., [pursuant to 23 Pa.C.S.A. § 2511(b)]?

[3.] Whether the trial court erred as a matter of law [or] manifestly abused its discretion by not sufficiently stating with specificity [and] reference to the record its basis for terminating [Mother’s] parental rights [pursuant to 23 Pa.C.S.A. § 2511(a)(2) and (b)]?

[4.] Whether the trial court erred as a matter of law [or] manifestly abused its discretion in determining whether [SCSCY] presented sufficient evidence to satisfy the grounds for termination of [Mother’s] parental rights under 23 Pa.C.S.A. § 2511(a)(2) or [another] section not specifically mentioned in the trial court's [August 31, 2021] amended order?

[5.] Even if [this Court] determines [SCSCY] presented sufficient evidence to satisfy the grounds for termination of [Mother’s] parental rights under 23 Pa.C.S.A. § 2511(a)(2) of the Adoption Act or [another] section not specifically mentioned in the trial court's [August 31, 2021 amended] order, [whether] the trial court nevertheless erred as a matter of law [or] manifestly abused its discretion in determining

provide notice pursuant to Section 5505. See Commonwealth v.

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In Re: H.C., a Minor, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-hc-a-minor-pasuperct-2022.