In re K.C.

199 A.3d 470
CourtSuperior Court of Pennsylvania
DecidedNovember 20, 2018
DocketNo. 733 MDA 2018
StatusPublished
Cited by82 cases

This text of 199 A.3d 470 (In re K.C.) 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 K.C., 199 A.3d 470 (Pa. Ct. App. 2018).

Opinion

OPINION BY McLAUGHLIN, J.:

*472K.R. ("Mother") appeals from the decree involuntarily terminating her parental rights to her natural child, K.C. K.C.'s paternal grandparents, L.C. and P.C. ("Paternal Grandparents"), had petitioned on May 2, 2017, to involuntarily terminate Mother's parental rights. They alleged that Mother had, for at least six months immediately prior to the filing of the petition, failed to perform parental duties. See 23 Pa.C.S.A. § 2511(a)(1). We affirm.

The trial court held several hearings on the petition, during which Paternal Grandparents each testified. Paternal Grandmother testified that K.C. was born in September 2011, and at the time of the hearing, was six years old. She said that due to Mother's substance abuse issues, K.C. has been in Paternal Grandparents' custody since K.C. was 15 months old. Paternal Grandparents obtained physical and legal custody of K.C. in August 2014 through a dependency proceeding. Paternal Grandmother said that although the dependency court granted Mother 12 hours of supervised visits per week, Mother visited K.C. for no more than four hours per week for less than a year. Paternal Grandmother further testified that in late 2015, Mother filed a custody complaint and the court granted her two hours of supervised visits per week. Mother then visited the child two hours a week until August 2, 2016, which was the last time Mother visited K.C.

According to Paternal Grandmother, Mother's only attempt at contact during the six-month period preceding the petition (i.e. , between November 2, 2016 and May 2, 2017) was a text message Mother sent to Paternal Grandmother in December 2016, at 10:30 p.m., asking to speak to K.C., who was asleep. Otherwise, according to Paternal Grandmother, during the relevant period, Mother did not inquire as to K.C.'s welfare; send K.C. correspondence, a birthday card, birthday present, or Christmas present; ask to see K.C.; or file any petitions to have contact with K.C. See Trial Court Opinion, filed May 30, 2018, at 6-7. Paternal Grandfather's testimony generally corroborated that of Paternal Grandmother.

Mother testified by telephone from prison and said that she had also been in prison in September 2016 and October 2016, after which she was a resident at a rehabilitation center until sometime in November 2016. She said she was again in prison from January 2017 through April 2017, and thereafter in a boot camp until the filing of the termination petition. See id. at 2-3, 5-6.

Mother conceded on cross-examination that she stopped visiting K.C. in August 2016. Mother said the visits ended because Paternal Grandmother had claimed that Mother had a contagious infection and the visitation supervisor told Mother that she could not visit K.C. until she got a further court order. Mother said she filed a petition for unsupervised visitation but did not *473pursue it because she was unable to afford an attorney. Although she said on cross-examination she did not know she could proceed pro se , she also admitted that she did know she might have qualified for legal aid. She also testified that during her first 30 days in boot camp, she was not allowed to make phone calls because she was on a "black out period." N.T., 10/6/17, at 63-64.

Mother also testified about her contact with K.C. during the six months leading up to the termination petition. She said that during the relevant six months, she sent cards, letters, and pictures to K.C. As corroboration, she presented the testimony of her own mother, who produced cell phone records showing that on K.C.'s birthday, September 4, text messages were sent from Mother's telephone to Paternal Grandmother's telephone. Her mother also testified that Mother had sent a text message to Paternal Grandmother on Christmas Day 2016. See id. at 5-11. However, Mother presented no corroborating evidence that she sent cards, letters, or pictures.

The Court found Mother's testimony not credible, and explicitly credited Paternal Grandparents' testimony. Id. at 9-10. The court also found that Mother offered no reasonable explanation for her lack of contact during the relevant six-month period (November 2, 2016, to May 2, 2017), and despite her limited financial means, "she could have used the services of legal aid" to obtain visitation with K.C. See id . at 9-13. The court found that Mother had made no attempt at contact while she was in prison, stating that she "did not exert herself whatsoever" or "utilize resources to maintain a place of importance in her child's life." Id. at 12 (citing In re R.I.S. , 614 Pa. 275, 36 A.3d 567, 573 (2011) (plurality) ). The court also reviewed the relationship between K.C. and her Paternal Grandparents and determined that termination of Mother's rights would "best serve the developmental, physical and emotional needs and welfare for the child." See id. at 13-17.

Mother appealed, and in response to an order pursuant to Pa.R.A.P. 1925(b), Mother filed a Concise Statement of Errors Complained of on Appeal.

Mother's brief on appeal lists two issues:

1. Did the trial court comply with the terms of 23 Pa.C.S.A. § 2511(a)(1) in finding that for a period of at least six (6) months prior to filing, the natural Mother failed to perform parental duties[?]
2. Did the trial court comply with the terms of 23 Pa.C.S.A. § 2511(b) in giving primary consideration to the developmental, physical and emotional needs and welfare of the child[?]

Mother's Br. at 1.

A party seeking termination of parental rights bears the burden of establishing grounds for termination "by clear and convincing evidence." In re Z.S.W. , 946 A.2d 726, 728 (Pa.Super. 2008). Clear and convincing evidence is evidence "that is so clear, direct, weighty, and convincing as to enable the trier of fact to come to a clear conviction, without hesitation, of the truth of the precise facts in issue." Id. at 728-729 (internal quotation marks and citation omitted). We accept the findings of fact and credibility determinations of the trial court if the record supports them. See In re C.M.C. , 140 A.3d 699

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

Related

In the Interest of: D.W., Appeal of: D.W.
Superior Court of Pennsylvania, 2025
In the Int. of: L.M., Appeal of: K.N.M.
Superior Court of Pennsylvania, 2025
In the Int. of: L.M., Appeal of: M.M.
Superior Court of Pennsylvania, 2025
In Re: Adoption of L.M.W., Appeal of: K.W.
Superior Court of Pennsylvania, 2025
Adoption of: B.R.S., Appeal of: T.L.L.
Superior Court of Pennsylvania, 2025
In Re: J.J.H., Appeal of: J.W.
Superior Court of Pennsylvania, 2025
In the Int. of: V., K.C.J., Appeal of: V., J.L.
Superior Court of Pennsylvania, 2025
In Re: Adoption of: N.M.P.-C., Appeal of: J.C.
Superior Court of Pennsylvania, 2025
In Re: Adopt. of: I.J.L.L.; Appeal of: T.M.
Superior Court of Pennsylvania, 2025
In the Int. of: M.R., Appeal of: K.R.
Superior Court of Pennsylvania, 2025
In the Int. of: J.H., Appeal of: S.H.
Superior Court of Pennsylvania, 2025
In the Int. of: A.N.A., Appeal of: J.L.A.
Superior Court of Pennsylvania, 2025
In the Matter of: E.E.R., a Minor
Superior Court of Pennsylvania, 2025
In the Int. of: J.B., a Minor
Superior Court of Pennsylvania, 2024
In the Int. of: H.B., Appeal of: B.B.
Superior Court of Pennsylvania, 2024
In Re: Adpt. of R.K.V., Appeal of: H.B.M.
Superior Court of Pennsylvania, 2024
In the Int. of: K.-D.S., Appeal of: G.T.S.
Superior Court of Pennsylvania, 2024
In the Interest of: D. S. Appeal of: N.S.
Superior Court of Pennsylvania, 2024
In the Int. of: D.S. Appeal of: F.F.
Superior Court of Pennsylvania, 2024
Adoption of: N.D., Appeal of: J.D.
Superior Court of Pennsylvania, 2024

Cite This Page — Counsel Stack

Bluebook (online)
199 A.3d 470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kc-pasuperct-2018.