In re L.S.

22 Pa. D. & C.5th 100
CourtPennsylvania Court of Common Pleas, Bucks County
DecidedFebruary 9, 2011
Docketno. 2010-9111
StatusPublished

This text of 22 Pa. D. & C.5th 100 (In re L.S.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Bucks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re L.S., 22 Pa. D. & C.5th 100 (Pa. Super. Ct. 2011).

Opinion

GILMAN, J,

INTRODUCTION

[102]*102Bucks County Children and Youth Social Services agency (hereinafter referred to as the “agency”) has appealed ourNovember 30,2010 decree denying its petition to terminate the parental rights of A.C.S. (hereinafter referred to as “mother”), the natural mother of L.S. (hereinafter referred to as “child”). A hearing was initially conducted on August 31, 20101, and upon agreement of all counsel, we entered an order dated September 1, 2010 continuing the hearing until November 30, 2010, when additional testimony was to be presented. Thereafter, a lengthy evidentiary hearing was held on November 30, 2010.

BACKGROUND

The relevant facts and procedural history of this case are as follows: L.S., a female, was bom to mother on S eptember27,2008. Mother testified that child was detoxed with the use of morphine after birth. Mother explained that this was necessary because she was using Percocet and marijuana as of the time when L.S. was bom (N.T. 8/31/2010, pp.4-5). L.S. was removed from mother’s home by the agency three (3) days after she was discharged from the hospital, which was approximately one (1) month after she was bom. Mother’s testimony indicates her belief that there was a safety plan put in place by the agency, prior to the child’s removal, which stipulated that mother would have custody of L.S. and that mother’s parents would serve as supervisors. However, shortly after child was discharged from the hospital to mother’s home, mother received a phone call from her caseworker stating that the [103]*103agency had received an anonymous tip regarding drug use and violence in the home, and that, accordingly, child was being removed. (N.T. 8/31/2010, p.8)2. Child was in one foster home briefly and has resided in her present foster home since May, 2009. (N.T. 11/30/2010, p.31).

On June 10, 2010, the agency filed a petition to terminate mother’s parental rights and a hearing was fixed for August 31, 2010. The agency pursued termination under 23 Pa.C.S. §2511(a)(2), (5), and (8), which provides in pertinent part as follows:

(a) General rule. — The rights of a parent in regard to a child may be terminated after a petition filed on any of the following grounds:
(2) The repeated and continued incapacity, abuse, neglect or refusal of the parent has caused the child to be without essential parental care, control or subsistence necessary for his physical or mental well-being and the conditions and causes of the incapacity, abuse, neglect or refusal cannot or will not be remedied by the parent.
(5) The child has been removed from the care of the parent by the court or under a voluntary agreement with an agency for a period of at least six months, the conditions which led to the removal or placement of [104]*104the child continue to exist, the parent cannot or will not remedy those conditions within a reasonable period of time, the services or assistance reasonably available to the parent are not likely to remedy the conditions which led to the removal or placement of the child within a reasonable period of time and termination of the parental rights would best serve the needs and welfare of the child.
(8) The child has been removed from the care of the parent by the court or under a voluntary agreement with an agency, 12 months or more have elapsed from the date of removal or placement, the conditions which led to the removal or placement of the child continue to exist and termination of parental rights would best serve the needs and welfare of the child.

APPELLANT’S STATEMENT OF ERRORS COMPLAINED OF ON APPEAL

Appellant agency filed a notice of appeal, accompanied by a concise statement of errors complained of on appeal pursuant to Pa.R.A.P. 1925(a)(2), which we repeat verbatim, as follows:

1. The learned trial judge erred in failing to find that appellant met its statutory burden in proving that grounds exist to involuntarily terminate the parental rights of A.S.
2. The learned trial judge erred by failing to find that the termination of parental rights of A.S. best serves the needs and welfare of L.S.
3. The learned trial judge erred by entering a decision [105]*105that was against the weight of the evidence.
4. The learned trial judge erred by abusing his discretion.

STANDARD OF REVIEW

In a termination of parental rights hearing, our duty is to determine whether the statutory grounds for termination of parental rights have been met and, if so, to then determine whether the termination of parental rights serves the best interest of the child. 23 Pa.C.S. §2511.

As the party seeking termination, the agency bore the burden of establishing by clear and convincing evidence that grounds existed for terminating mother’s parental rights. Clear and convincing evidence means testimony 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. In re Z.P. 994 A.2d 1108, 115-116 (Pa. Super. 2010)(intemal citations omitted), In re J.D.W.M., 810 A.2d 688, 690 (Pa. Super. 2002).

In cases involving termination of parental rights and an appeal from a decree of the trial court, the standard of review employed by the appellant courts is limited to determining whether the decision of the trial court is supported by competent evidence, and whether the trial court gave adequate consideration to the effect of such a decree on the welfare of the child. As the finder of fact, the trial court is the sole determiner of the credibility of witnesses, and all conflicts in testimony are to be resolved by the finder of fact. Our findings are entitled to reasonable deference and absent an abuse of discretion, an error of [106]*106law, or insufficient evidentiary support, the decree must stand. Id. at 1115-1116 (internal citation omitted).

Appellate courts employ a broad, comprehensive review of the record in order to determine whether a trial court’s decision is supported by competent evidence, and will uphold a decision if any proper basis exists for the result reached. If the trial court’s findings are supported by competent evidence, the appellate court must affirm the trial court’s decision, even if the record could support an opposite result. Id., In re R.L.T.M., 860 A.2d 190, 191-192 (Pa. Super. 2004).

DISCUSSION

The following legal principles are implicated when the trial court is called upon to decide whether or not to grant a petition to involuntarily terminate a parent’s rights:

“[T]he complete and irrevocable termination of parental rights is one of the most serious and severe steps a court can take, carrying with it great emotional impact for the parent and the child.” In re C.P 901 A.2d 516, 520 (Pa. Super. 2006).

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Bluebook (online)
22 Pa. D. & C.5th 100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ls-pactcomplbucks-2011.