In Re JLC

837 A.2d 1247
CourtSuperior Court of Pennsylvania
DecidedDecember 2, 2003
StatusPublished

This text of 837 A.2d 1247 (In Re JLC) 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 JLC, 837 A.2d 1247 (Pa. Ct. App. 2003).

Opinion

837 A.2d 1247 (2003)

In re: J.L.C. and J.R.C.
Appeal of J.L.C. (Father).

Superior Court of Pennsylvania.

Submitted August 11, 2003.
Filed December 2, 2003.

*1248 Henry S. Hilles, III, Norristown, for appellant.

Craig B. Bluestein, Public Defender, Norristown, for appellees.

Karen A. Coletta, Norristown, for Office of Children and Youth Services, participating party.

BEFORE: STEVENS, KLEIN, and GRACI, JJ.

OPINION BY KLEIN, J.:

¶ 1 J.L.C. ("Father") appeals from two orders entered February 18, 2003, in the Court of Common Pleas of Montgomery County, Orphans' Court Division, involuntarily terminating his parental rights with respect to his sons, J.R.C. and J.L.C. We affirm.

I. FACTUAL AND PROCEDURAL HISTORY

¶ 2 Father and S.A.R. ("Mother") are the natural parents of two sons, J.R.C., born on October 27, 1997, and J.L.C., born on February 11, 1999. The record reveals that in September 2000, Mother placed J.L.C. and J.R.C. in the care of Richard and Mary Vogenitz, who attended the same church as the boys' maternal grandmother. At the time, Father was incarcerated and Mother was unable to maintain suitable housing for herself and the children. Father was released from prison in January 2001. On March 26, 2001, Mother and Father signed a voluntary placement agreement, effective for thirty days, permitting Mr. and Mrs. Vogenitz to retain physical custody of their sons while they attempted to obtain employment and rectify their housing situation. Mother and Father were unable to achieve these goals, however, and on May 2, 2001, Mr. and Mrs. Vogenitz were approved by the Department of Public Welfare as foster parents of J.R.C. and J.L.C.

*1249 ¶ 3 Mother continued to be unsuccessful in securing steady employment or a permanent residence. Father was unable to refrain from criminal activity and was reincarcerated from June through November 2001, and again from early April through October 3, 2002. At a master's hearing on June 3, 2002, the goal for the family was formally changed from reunification to adoption by the foster parents. On October 30, 2002, the Montgomery County Office of Children and Youth ("OCY") filed a petition to involuntarily terminate Mother's and Father's parental rights with respect to J.R.C. and J.L.C. The orphans' court conducted hearings on December 12, 2002, February 14, 2003, and February 18, 2003. At the conclusion of the hearings the orphans' court granted OCY's petition. Father now appeals from that decision.[1]

¶ 4 Father raises the following issue on appeal: whether the orphans' court erred in finding that OCY "had established by clear and convincing evidence that the statutory requirements for involuntary termination of parental rights were met where [Father], while incarcerated, had maintained contact with the children through visits and gifts and, following his release from prison, had demonstrated an increased desire and capacity to provide the essential parental care necessary for the children's physical and mental well-being[?]" Brief for Appellant, at 5.

II. DISCUSSION

¶ 5 Were the facts found by the trial judge to be those stated in Father's brief, the result might be different. However, we find that the record well supports the conclusion of an able and experienced trial judge that termination of parental rights is in the best interests of the children. As the trial judge, Judge Calvin S. Drayer, Jr., aptly put it:

A parental duty has been defined as an affirmative duty—that is a duty that requires something. It is not a passive duty. It is an affirmative duty on the part of the parent to love, protect and support a child and to make a genuine effort to maintain communication and association with the child. It requires a parent to preserve and make a reasonable effort to maintain a place of importance in the child's life.

(Trial Court Opinion, 5/13/03, p. 2.)

¶ 6 It is clear from the limited involvement Father had with the children that he did not bond with the children in the way a parent should bond with his or her children. It is not enough that "both boys know their father," "enjoy being with him," and "love their dad." N.T., 2/18/03, at 207-208, 212. That is not bonding. Being "Uncle Daddy" is not enough. Being a parent means assuming responsibility so that a real bond develops, not just having a casual relationship with one's children. Children often know, love, and sometimes have an enjoyable time with parents who have little to do with their upbringing, and even with parents who physically and mentally abuse them. The key is whether a bond has developed. It is not enough that Father pledges to do more in the future. Once the Father has abandoned parental control through his own actions, it is not enough for him to "promise" to do better to regain parental control in the future. Judge Drayer found, based on evidence in the record, that the parental bond has been formed with the foster and proposed adoptive parents, with whom the children have resided for more than half of their young lives.

*1250 ¶ 7 Judge Drayer noted in making the determination that "the Court must consider the barriers to exercise in his or her parental rights, which the parent faced in deciding whether that parent had abandoned the child. To obtain the benefit of an excuse, the parent must exhibit reasonable firmness in attempting to overcome the barriers or obstructive behavior of others." Trial Court Opinion, p. 3. Judge Drayer also recognized the fact that the relationship between children who are in foster care will be different than if the children had remained at home.

¶ 8 Here, the Father spent a majority of his time in jail during the six months prior to the filing of the petition. Certainly, the mere fact that a parent is in jail is not grounds to terminate parental rights. However, the mere fact that a parent is in jail does not mean that he can forego trying to maintain a bond with his children.

¶ 9 Judge Drayer said it well:

Incarceration does not obviate parent's duty to exercise reasonable firmness in maintaining a secure bond with child. In Interest of A.P., 692 A.2d 240 (Pa.Super.1997). An incarcerated parent is expected to utilize whatever resources are available to him while in prison in order to foster a continuing close relationship with his children. In re V.E., [417 Pa.Super. 68,] 611 A.2d 1267 (1992).
Here, Father did not attempt to maintain a connection with the children during his incarceration. Father testified about what he wanted to do in the future, but acknowledged he had not fulfilled his parental responsibilities in the past. He did not inquire about the daily lives of the children. He never asked about their report cards. He only sent one card to the children during the period in question. He claims he asked for pictures of the children, and despite his claims that he never received the pictures, he never followed up on the issue. He claims he made calls from prison, but never left a message for his children. He never recorded his voice for the children to hear.
When we measure the conduct of this parent against one in similar circumstances, we find his conduct is well below what would be expected.

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Related

In Re Child M.
681 A.2d 793 (Superior Court of Pennsylvania, 1996)
In Re Adoption of S.M.
816 A.2d 1117 (Superior Court of Pennsylvania, 2003)
In re A.P.
692 A.2d 240 (Superior Court of Pennsylvania, 1997)
In re J.L.C.
837 A.2d 1247 (Superior Court of Pennsylvania, 2003)
In re P.A.B.
570 A.2d 522 (Superior Court of Pennsylvania, 1990)
In re V.E.
611 A.2d 1267 (Superior Court of Pennsylvania, 1992)

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837 A.2d 1247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jlc-pasuperct-2003.