In Re MG

855 A.2d 68
CourtSuperior Court of Pennsylvania
DecidedJuly 1, 2004
StatusPublished

This text of 855 A.2d 68 (In Re MG) 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 MG, 855 A.2d 68 (Pa. Ct. App. 2004).

Opinion

855 A.2d 68 (2004)

In re: M.G. & J.G., Minors.
Appeal of: P.G. Natural Mother, Appellant.

Superior Court of Pennsylvania.

Submitted March 15, 2004.
Filed July 1, 2004.
Reargument Denied September 3, 2004.

*69 Theodore A. Morris, Williamsport, for appellant.

Eric R. Linhardt, Williamsport, Guardian Ad Litem, for appellee.

Charles R. Greevy, III, Williamsport, for Lycoming County, appellee.

Before: LALLY-GREEN, TODD and CAVANAUGH, JJ.

CAVANAUGH, J.

¶ 1 In what appears to be an issue of first impression, we are asked to determine *70 whether a social service agency charged with development and implementation of permanency plans for dependent children may properly petition to involuntarily terminate a mother's parental rights where the existing placement goal is reunification and where no change of goal to adoption has been previously sought.[1] We find that a goal change from reunification to adoption is not a necessary prerequisite to the initiation of involuntary termination proceedings. Moreover, we conclude that the court did not err in terminating appellant mother's parental rights. Accordingly, we affirm.

¶ 2 P.G. is the natural mother of M.G. (son), born on 8/1/90, and J.G. (daughter), born on 5/12/93. Son was adjudicated dependent in November of 1992 and daughter was adjudicated dependent in September of 1993. Mother and children were provided protective services through Children and Youth Services (CYS) of Lycoming County for a decade. Those provisions included repeated and extended periods of foster care for the children when mother was homeless as well as the placement of mother and children together in a family shelter. In-home services were provided after mother and children moved from the shelter to a public housing project where they resided for approximately three years before being evicted for failure to pay rent in May of 2001.

¶ 3 Son was adjudicated delinquent at age ten. By that time, he had undergone two in-patient psychiatric hospitalizations for behavior problems, suffered repeated infestations of head lice and had numerous episodes of truancy as well as episodes of shoplifting and assault, including an assault against his younger, severely handicapped brother.[2] Son was placed in foster care in May of 2001 and remains there. Although he still requires structure and medication to help with impulse control, his behavior is much improved since the placement. Daughter has a similar history of truancy, head lice and behavior problems requiring psychiatric hospitalization and the need for a structured environment. She was placed in foster care in January of 2002.

¶ 4 After May of 2001, mother lived at ten different addresses and held three different jobs, none for longer than seven months. Permanency planning reviews were conducted every six months after the children were placed in foster care and the goal always remained reunification. In June of 2003, CYS filed a petition to involuntarily terminate mother's parental rights. Hearings on the petition were conducted in August of 2003.

¶ 5 At the outset of those proceedings, mother's counsel moved to dismiss the termination petition on the ground that the most recent permanency goal, as set forth in the review conducted in March of 2003, was reunification. Counsel argued that because CYS had not petitioned to change the goal to adoption, its current petition to terminate mother's parental rights was premature. The court disagreed and denied the motion as follows:

THE COURT: Mr. Morris, I'm not sure whether you're aware of this or not, a couple or perhaps a few years ago it was the policy of the Agency to always petition the Court for a change of goal [from] reunification to adoption or termination before they filed their Petition for Termination. What was happening was *71 that on different occasions the Order granting the change of goal was appealed.
So we would, in effect, have two appeals in the same case; one on the change of goal and then later on the termination issue.
This Court, after reviewing the matter and studying the law on the matter, had a meeting with the Department of Children and Youth and suggested that the law in Pennsylvania was such that it need not petition to have a change of goal. This was researched by Mr. Greevy on behalf of the Agency and they agreed this was accurate and I believe they also checked with various other counties throughout the state and most of the counties in the state were not petitioning for a change of goal prior to filing a Petition for Termination.
Since that time the Agency has not filed a Petition for Change of Goal and just filed their Petition for Termination and this Court has upheld that as has the Appellate Courts so your Motion to Dismiss is denied.

¶ 6 Following three days of hearings, mother's rights were involuntarily terminated and she now appeals, setting forth the following issues for our review[3]:

1. IS THERE REVERSIBLE ERROR WHEN THE TRIAL COURT CAPRICIOUSLY DISREGARDS THE FACT THAT THE GOAL IN THE JUVENILE COURT IS STILL REUNIFICATION BUT THE AGENCY WAS PROCEEDING TO ORPHAN'S COURT TO TERMINATE THE APPELLANT'S RIGHTS AND DELAYED UNTIL AFTER THE FILING OF THE PETITION TO TERMINATE PARENTAL RIGHTS TO PERFORM A HOME STUDY?
2. DID THE TRIAL COURT ERROR [sic] AND CAPRICIOUSLY IGNORE EVIDENCE THAT IT WAS NOT IN THE BEST INTEREST OF THE CHILDREN TO TERMINATE APPELLANT'S PARENTAL RIGHTS AND BASE ITS CONCLUSION IN PART ON INCOMPETANT [sic] EVIDENCE?
3. DID THE TRIAL COURT ERROR [sic] AND CAPRICIOUSLY DISREGARD EVIDENCE THAT WOULD HAVE SHOWN THAT THERE WAS INSUFFICIENT GROUNDS TO TERMINATE THE APPELLANT[']S PARENTAL RIGHTS?

¶ 7 We begin our analysis of mother's first claim by recognizing that permanency planning for dependent children is conducted under the aegis of the Juvenile Court pursuant to the Juvenile Act, 42 Pa.C.S.A. § 6301, et seq., and that adoption proceedings, which may include the involuntary termination of parental rights, are conducted under the aegis of the Orphan's Court pursuant to the Adoption Act, 23 Pa.C.S.A. § 2101, et seq. Specifically, permanency planning for dependent children is governed by section 6351 of the Juvenile Act and involuntary termination of parental rights is governed by sections 2511 through 2521 of the Adoption Act.

¶ 8 There is no express provision in any section of either act which requires that a termination petition be preceded by a goal change petition. Rather, a plain reading of the Juvenile Act suggests that one of the matters that may be determined at a six-month permanency hearing where the ostensible goal is reunification but the child has been in placement for an extended *72 period, is whether the social service agency has filed a termination petition. The pertinent statutory section provides:

At each hearing, the court shall:
....

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Bluebook (online)
855 A.2d 68, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mg-pasuperct-2004.