In Re JY

754 A.2d 5
CourtSuperior Court of Pennsylvania
DecidedJune 7, 2000
StatusPublished

This text of 754 A.2d 5 (In Re JY) 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 JY, 754 A.2d 5 (Pa. Ct. App. 2000).

Opinion

754 A.2d 5 (2000)

In the Interest of J.Y. (Born: 11/05/95); B.P. (Born: 11/01/97), minor children.
Appeal of R.H.P. (at No. 1363).
In the Interest of J.Y. Born: 11/05/95; B.P. Born: 11/01/97.
Appeal of C.L.Y., the natural mother; R.H.P, the natural father. (at No. 1777).

Superior Court of Pennsylvania.

Submitted March 29, 2000.
Filed June 7, 2000.

*6 David A. Colecchia, Greensburg, for appellants.

Mary Ann Grec, Greensburg, for Westmoreland County CYS, participating party.

*7 Before DEL SOLE, ORIE MELVIN and BECK, JJ.

BECK. J.:

¶ 1 This is an appeal from a trial court order implementing a change of goal from reunification to adoption. The matter prompts us to decide, inter alia, two primary issues 1) whether and to what extent the court may consider a parent's refusal to participate in a mental health program and other remedial services in determining a change of goal; and 2) whether it is appropriate to apply evidence suppression principles to dependency proceedings. After careful consideration of all of appellants' claims, we affirm.

¶ 2 Mother and Father, appellants herein, are the biological parents of J.Y., age four, and B.P., age two. The children were declared dependent shortly after B.P.'s birth in late 1997 and have been in the custody of Westmoreland County Children's Bureau ("the Bureau") since that time. Currently, the siblings live together in a foster home. Appellants filed separate appeals from the trial court's ruling. However, because they raise nearly identical issues, we have consolidated the matters for disposition on appeal.

¶ 3 The Bureau's first contact with the family in the fall of 1997 was prompted by a complaint of poor supervision and housing conditions, as well as domestic violence. Ultimately, J.Y. and B.P. were adjudicated dependent and placed in foster care. Mother and Father were referred to various services, including parenting and life skills, substance abuse evaluation and treatment, mental health evaluation and treatment, job training and GED courses.

¶ 4 Six months later, at a permanency review hearing, the trial court determined that appellants had made little progress. Mother had been voluntarily and involuntarily subjected to in-patient mental health treatment, followed by incarceration. Prior to her imprisonment, she did not complete a parenting course, nor had she obtained her GED or participated in treatment for substance abuse. Father had completed the parenting course, but had not taken the test. Further, he refused hospitalization that had been recommended for mental health treatment. The court ruled that custody was to remain with the Bureau while services to the parents continued. The goal remained reunification of the family.

¶ 5 At a second review hearing held six months later, the court once more determined that the Bureau should retain custody of the children and that services to the parents should continue. The court's decision was based on the following facts. Father, while initially enrolled in a parenting program, was unsuccessfully discharged from a drug and alcohol program, was not participating in a mental health program and had not secured suitable housing. Further, by the time the second hearing took place, Father was in prison. Mother, while deemed no longer in need of drug and alcohol treatment, was unemployed, had no income, had not obtained suitable housing[1] and was "inconsistent in her mental health treatment and also in her attendance at GED class." Trial Court Opinion, 7/14/99, at 4.

¶ 6 The court ordered that upon release from prison, Father was to participate in a variety of services, including a parenting program, mental health counseling, drug and alcohol treatment and a GED program. He also was to obtain employment and suitable housing. Mother too, was to obtain employment and to continue participation in similar programs, i.e., parenting, budgeting, mental health and GED classes.

¶ 7 Approximately seven months later, the court conducted a third permanency review hearing. At the hearing, neither Mother nor Father testified. After testimony by Bureau personnel, the Court ruled that Mother and Father made "minimal *8 progress ... toward alleviating the circumstances which necessitated placement." Id. at 5. Specifically, the court found that although Mother was "borderline successful" in completing her parenting program, she had failed to comply with all other court ordered programs/services. In addition, she was facing criminal charges of statutory sexual assault and involuntary deviate sexual intercourse in connection with a relationship she had with a thirteen-year-old girl. Father was still incarcerated and so had not satisfied any of the requirements imposed by the court at the previous hearing.[2] In addition, new charges had been filed against him and he was awaiting trial on those charges.

¶ 8 J.Y and B.P., on the other hand, were thriving in foster care. They were living together and, according to the court's assessment of the evidence, doing "exceedingly well" and bonding with their foster parents. The court ruled that reunification was no longer an appropriate goal in the case and changed the goal to adoption. This timely appeal followed.

Our standard of review in a petition to change the goal of a family service plan is the same as in a dependency appeal. We must accept the facts found by the trial court unless the facts are not supported by the record. Although, as a reviewing court we are bound by the facts properly found, we are not bound by the trial court's inferences, deductions and conclusions made from those facts. Based on properly supported facts, we review to determine if the trial court abused its discretion.

In the Interest of M.B., 449 Pa.Super. 507, 674 A.2d 702, 704 (1996) (citations omitted), appeal denied, 547 Pa. 717, 688 A.2d 172 (1997).

MENTAL HEALTH PROGRAM

¶ 9 Appellants' first claim concerns the trial court's requirement that they participate in a mental health program and attend GED classes. Both Mother and Father argue that such a requirement is improper as it constitutes an invasion of their privacy. They argue that the court cannot impose such orders and so erred in relying on their non-compliance to support the change of goal.

¶ 10 As authority for their claim, appellants direct our attention to In the Matter of T.R., J.M., C.R. and C.R., 557 Pa. 99, 731 A.2d 1276 (1999), wherein our supreme court concluded that a mother's state constitutional right to privacy precluded the trial court from compelling her to participate in a psychological evaluation, the results of which would be disclosed to the interested parties.

¶ 11 In T.R. the mother was ordered by the trial court to undergo a psychological evaluation to determine if she was capable of caring for her children. The trial court ruled that the results of the examination would be "release[d] ... to the parties in order to effect the proper placement of the child and to keep the families together." Id. at 1278. This court affirmed, but our supreme court reversed.[3]

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In the Interest of J.Y.
754 A.2d 5 (Superior Court of Pennsylvania, 2000)

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Bluebook (online)
754 A.2d 5, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jy-pasuperct-2000.