In Re Involuntary Termination of Parental Rights of Burns

379 A.2d 535, 474 Pa. 615, 1977 Pa. LEXIS 851
CourtSupreme Court of Pennsylvania
DecidedOctober 28, 1977
Docket89
StatusPublished
Cited by239 cases

This text of 379 A.2d 535 (In Re Involuntary Termination of Parental Rights of Burns) is published on Counsel Stack Legal Research, covering Supreme 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 Involuntary Termination of Parental Rights of Burns, 379 A.2d 535, 474 Pa. 615, 1977 Pa. LEXIS 851 (Pa. 1977).

Opinions

OPINION OF THE COURT

ROBERTS, Justice.

Sandra Burns appeals from the January 30, 1976 decree of the Orphans’ Court Division of the Court of Common Pleas of Greene County terminating her parental rights with regard to her minor children Shannon Coleen Burns and Kelly Taylor.1 Acting upon a petition filed by Child Welfare Services of Greene County, the orphans’ court found that appellant had abandoned the two children and had failed to perform parental duties for a sufficient period to justify involuntary termination of her parental rights.2

Appellant raises two issues. First, she contends that the evidence is insufficient to support a finding of abandonment. Second, she challenges the termination of her parental rights to Kelly Taylor as improper in light of the orphans’ court’s determination that the natural father preserved his parental rights. We find appellant’s claims without merit, and affirm.

I

The record establishes that the home situation of appellant and her family seriously deteriorated in late 1973. Appellant and her husband, Gary Burns, were living in a trailer with their child, Shannon Coleen Burns, then one and one half years old, and appellant’s two older children by previous marriages, Kelly Taylor, then seven, and John [620]*620McDowell, then fourteen.3 Neighbors from the trailer court, including the owner of appellant’s trailer and his wife, testified that appellant and her husband were both out of work, drank heavily, and regularly left the children unattended for hours at a time.

Child Welfare Services became involved after receiving a report in December, 1973, from a resident of the trailer park who was concerned about the lack of care being received by appellant’s children.4 An agency worker visited the trailer twice on January 7, 1974. Neither appellant nor her husband were present at either time. The three children were left alone without an adult in charge. The worker observed that clothes were strewn throughout the living room, that Kelly’s eye was pink, and that the baby, Shannon Coleen, was dirty and improperly clothed. John said that his mother and stepfather were out trying to find a doctor, but that he did not know who the doctor was. When asked if he and the other children had anything to eat, John replied that appellant and her husband would bring groceries back when they returned. The worker made a third visit to the trailer later in January and again found the children unattended.

Shortly thereafter, appellant and her husband were given notice to vacate the trailer because its condition was rapidly deteriorating from their lack of care. When the Burnses showed no intention of leaving, their landlord, upon his attorney’s advice, locked them out. Appellant, her husband, and the two older children moved to an apartment in [621]*621Waynesburg. Appellant asked a friend, Mrs. William Cor-win, to take care of Shannon.5

After the eviction, Mr. Burns contacted the Child Welfare Services worker, who had written to the Burnses after her unsuccessful efforts to visit them at the trailer. The worker contacted the trailer owner on behalf of the Burnses, and obtained their clothing from the trailer. On January 23, she met with appellant at the apartment to discuss the family’s situation. Appellant was in considerable discomfort, however, and the meeting was short. The same day, appellant entered the hospital and subsequently suffered a miscarriage.

After entering the hospital appellant asked a nurse’s aide, Mrs. Flora Davis, if she would take care of Kelly while appellant was in the hospital. Mrs. Davis agreed to do so. Mr. Burns was to bring Kelly to an agreed upon location in town where Mrs. Davis was to receive the child. He did not appear, however, and the following day both Kelly and John arrived at Mrs. Davis’ house in a taxi. Although appellant had never asked her to take care of John, Mrs. Davis took both children and kept them for at least four days. Appellant did not notify Mrs. Davis when she was discharged from the hospital. When Mrs. Davis learned from the hospital that appellant had been discharged, she took the children and began looking for appellant. Mrs. Davis located the mother at a bar or restaurant and returned Kelly and John. Appellant appeared to have been drinking and gave an incoherent explanation for not contacting Mrs. Davis after her discharge from the hospital.

Shortly after appellant left the hospital, she and her husband went to Uniontown, Pennsylvania, to look for a new place to live. John was left with a relative. Kelly was left with Mrs. Corwin, who had been taking care of Shannon since appellant entered the hospital. In late January, however, Mrs. Corwin suffered a broken leg and her neighbor, Mrs. Kress, took over the care of the two children.

[622]*622On February 7, 1974, John went to the Child Welfare Services office with his aunt and told the worker he wanted to be “truthful” about the family situation. Based on the agency’s prior knowledge of the family, and the information provided by John, Child Welfare Services immediately obtained a court order authorizing the placement of Kelly and Shannon in foster care. The two children were taken from the Kress home and placed in foster care the same day.

A hearing on foster care placement was scheduled for February 14, and notice was sent to appellant and her husband by registered mail to their last known address. Appellant and her husband did not receive this notice until after the hearing. However, appellant learned of the hearing through her mother-in-law a day or two before it was held. Appellant testified that she was unable to attend the hearing because she had no transportation from Uniontown. On the day of the hearing appellant reached the Child Welfare Services worker in the judge’s chambers by telephone. She was extremely angered by the agency’s placement of the children in foster care and told the worker, “There’s going to be somebody dead over this.” The worker made an appointment for appellant and Mr. Burns to visit with her the following day. The appointment was not kept.

Thereafter, neither appellant nor her husband contacted Child Welfare Services again. Neither parent communicated with Kelly or Shannon or the foster parents. When the children had been in foster care for more than ten months, with no parental contact, Child Welfare Services petitioned to terminate the parental rights of appellant, her husband, and Paul Taylor, Kelly’s father. Appellant learned of the petition from her mother-in-law6 and, for the first time, sought legal advice.

Appellant acknowledged at the termination hearing that she never contacted Child Welfare Services, or her children, after they were placed in foster care. She testified that she did not contact the agency because she lost all respect for it [623]*623when the agency placed the children in foster care without her consent. She explained that she did not communicate with the children because she desired to spare them the anguish of seeing her while in the custody of others.

During the ten month period before the termination hearing, appellant remained in touch with Mrs. Corwin, who visited the children several times in their foster homes and advised appellant that Kelly and Shannon were receiving adequate care. At appellant’s request, Mrs.

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

Related

In the Int. of: Y.A.M., a Minor
Superior Court of Pennsylvania, 2025
In Re: Adoption of: H.C.A., Appeal of: T.K.
Superior Court of Pennsylvania, 2025
In Re: Adopt. of L.A.B., a Minor
Superior Court of Pennsylvania, 2024
In the Int. of: P.L.R. a Minor
Superior Court of Pennsylvania, 2023
In Re: C.D.J.H, Appeal of: R.S.
Superior Court of Pennsylvania, 2023
In Re: J.A.P., a Minor
Superior Court of Pennsylvania, 2023
In the Int. of: X.N.M.R., Appeal of: D.W.
Superior Court of Pennsylvania, 2023
In the Int. of: L.L., Appeal of: L.L.
Superior Court of Pennsylvania, 2023
In the Int. of: M.I.F., Appeal of: S.F.
Superior Court of Pennsylvania, 2023
Term. of Par. Rights H.J.P., Appeal of: N.I.L., II
Superior Court of Pennsylvania, 2023
In Re: Adopt. of: P.M.IV., Appeal of: S.L.
Superior Court of Pennsylvania, 2023
In Re: Adopt. of W.R.S., Appeal of: L.M.
Superior Court of Pennsylvania, 2023
Term. of Par. Rights to Y.A.C., Appeal of: M.L.B.
Superior Court of Pennsylvania, 2023
Adoption of: C.J.H., Appeal of: A.M.H.
Superior Court of Pennsylvania, 2023
In Re: L.H.B., Appeal of: A.A.
Superior Court of Pennsylvania, 2023
In the Interest of: T.S.L., Appeal of: L.L.
Superior Court of Pennsylvania, 2023
In Re: P.H.J.P. Appeal of: G.P., Father
Superior Court of Pennsylvania, 2020
In the Matter of: C.M.W., Appeal of: J.C.
Superior Court of Pennsylvania, 2020
In the Int of: A.F.C., Appeal of: R.C.
Superior Court of Pennsylvania, 2020
In the Int. of: Z.E., Appeal of: M.E.
Superior Court of Pennsylvania, 2019

Cite This Page — Counsel Stack

Bluebook (online)
379 A.2d 535, 474 Pa. 615, 1977 Pa. LEXIS 851, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-involuntary-termination-of-parental-rights-of-burns-pa-1977.