In Re RLTM

860 A.2d 190
CourtSuperior Court of Pennsylvania
DecidedOctober 4, 2004
StatusPublished

This text of 860 A.2d 190 (In Re RLTM) 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 RLTM, 860 A.2d 190 (Pa. Ct. App. 2004).

Opinion

860 A.2d 190 (2004)

In re R.L.T.M., a Minor,
Appeal of Lancaster County Children and Youth Services, Appellant.

Superior Court of Pennsylvania.

Submitted February 9, 2004.
Filed October 4, 2004.

Anne L. Cooper, Lancaster, for appellant.

Jeffrey Gonick, Leola, Guardian Ad Litem, for appellee.

Lisa J. McCoy, Lancaster, for A.M., appellee.

Maurice T. McKinney, Higley, AZ, for M.T.M., appellee.

Before: LALLY-GREEN, BOWES and CAVANAUGH[*], JJ.

BOWES, J.:

¶ 1 This is an appeal by Lancaster County Children and Youth Social Service Agency (CYSSA) from the June 30, 2003 denial of its petition to terminate the parental rights of A.M. ("Mother") and T.M. ("Father")[1] to their son, R.L.T.M. For the reasons that follow, we affirm.

¶ 2 R.L.T.M. was born January 7, 1990. When he was three months old, he suffered a brain injury and subsequently was *191 diagnosed with cerebral palsy. CYSSA senior adoption caseworker Doris Risser explained the circumstances surrounding the diagnosis as follows:

The agency first became involved with the family in April of 1990. [R.L.T.M.] was three months old at that time. The initial report was received because [R.L.T.M.] suffered severe brain damage after he stopped breathing.
When he had been born, he weighed a little bit over four pounds. He was born in January of that year. There was supposed to be a heart monitor used to monitor [R.L.T.M.] at all times, and the monitor wasn't being used regularly. He was in the care of his father when he stopped breathing.
There are two stories. [Mother] told me that his father panicked and threw him against the wall and caused damage to his spinal cord, and the hospital reported to the agency that because the monitor wasn't used and he stopped breathing that was the cause of the brain damage and the cause of [R.L.T.M.] being borderline mentally retarded and having cerebral palsy. He was not born with mental retardation and cerebral palsy.
At that time, the agency became involved, but it was felt that [Mother] and [Father] were both going to go through the training and to learn how to properly care for the children. [Mother] also had the support of her mother at that time. So the case was not formally opened for services.
Q. Did the father continue to reside in the household after the injuries?
A. No. He left and he hasn't been involved with [R.L.T.M.] for a very long time.
After the first referral to the agency, there is no record of him being in the home.

N.T., 9/23/02, at 5-6.

¶ 3 On April 23, 1997, CYSSA received a report alleging medical neglect of R.L.T.M. by Mother. The agency eventually took the child into custody and placed him into foster care on May 19, 1999. On September 11, 2000, the goal of the family service plan was changed from reunification to adoption; Mother did not appeal that decision. The petition to terminate parental rights was filed on March 5, 2002. The common pleas court held hearings on May 16, 2002, and September 23-26, 2002, and ultimately denied the petition on June 30, 2003. This timely appeal followed.

¶ 4 CYSSA raises one issue for our review: whether the orphans' court abused its discretion in denying the petition to terminate parental rights based on its conclusion that termination did not serve R.L.T.M.'s needs and welfare. The orphans' court had concluded that CYSSA had sustained its burden of proof under 23 Pa.C.S. § 2511(a)(1), (2), (5), and (8), but determined that R.L.T.M.'s bond with Mother, coupled with the child's limited intellectual capacity, militated against termination of parental rights.

¶ 5 Our scope and standard of review are settled. Whether the orphans' court grants or denies the petition to involuntarily terminate parental rights, "we are limited to determining whether the decision of the trial court is supported by competent evidence." In re C.S., 761 A.2d 1197, 1199 (Pa.Super.2000); see also Adoption of M.S., 445 Pa.Super. 177, 664 A.2d 1370 (1995) (Superior Court affirmed orphans' court's denial of petition filed pursuant to 23 Pa.C.S. § 2511(a)(1) and (2)).

Where the hearing court's findings are supported by competent evidence of record, "we must affirm the hearing court *192 even though the record could support an opposite result." In re Adoption of B.D.S., 494 Pa. 171, 177, 431 A.2d 203, 206 (1981) (quoting Matter of Kapcsos, 468 Pa. 50, 54, 360 A.2d 174, 176 (1976)).
....
In a proceeding to involuntarily terminate parental rights, the burden of proof is upon the party seeking termination to establish by "clear and convincing" evidence the existence of grounds for doing so. Santosky v. Kramer, 455 U.S. 745, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982); In re T.R., 502 Pa. 165, 465 A.2d 642 (1983). The standard of "clear and convincing" evidence is defined as testimony that is so clear, direct, weighty, and convincing as to enable the trier of fact to come to a clear conviction, without hesitance, of the truth of the precise facts in issue. Matter of Sylvester, 521 Pa. 300, 304, 555 A.2d 1202, 1203-04 (1989).

In re Adoption of M.S., supra at 1373 (quoting In re Adoption of Atencio, 539 Pa. 161, 165-66, 650 A.2d 1064, 1066 (1994)). Moreover, "It is clear that in a termination proceeding, the focus [initially] is on the conduct of the parents. In the Interest of A.L.D., 797 A.2d 326 (Pa.Super.2002); In the Interest of M.B., 449 Pa.Super. 507, 674 A.2d 702 (1996)." In the Matter of B.L.W., 843 A.2d 380, 383 (Pa.Super.2004).

¶ 6 The court herein refused to terminate parental rights. Initially, the court found that CYSSA proved, based upon 23 Pa.C.S. § 2511(a)(1), (2), (5), and (8), that R.L.T.M. has been without proper parental care and control. Those sections provide as follows:

§ 2511. Grounds for involuntary termination
(a) General rule.—The rights of a parent in regard to a child may be terminated after a petition on any of the following grounds:
(1) The parent by conduct continuing for a period of at least six months immediately preceding the filing of the petition either has evidenced a settled purpose of relinquishing parental claim to a child or has refused or failed to perform parental duties.

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Related

Santosky v. Kramer
455 U.S. 745 (Supreme Court, 1982)
Matter of Sylvester
555 A.2d 1202 (Supreme Court of Pennsylvania, 1989)
Adoption of M.S.
664 A.2d 1370 (Superior Court of Pennsylvania, 1995)
In Re Angry
522 A.2d 73 (Supreme Court of Pennsylvania, 1987)
In the Interest of M.B.
674 A.2d 702 (Superior Court of Pennsylvania, 1996)
In Re Adoption of Atencio
650 A.2d 1064 (Supreme Court of Pennsylvania, 1994)
In Re the Involuntary Termination of Parental Rights to Kapcsos
360 A.2d 174 (Supreme Court of Pennsylvania, 1976)
In Re Adoption of A.C.H.
803 A.2d 224 (Superior Court of Pennsylvania, 2002)
In Re Adoption of B. D. S.
431 A.2d 203 (Supreme Court of Pennsylvania, 1981)
In the Interest of C.S.
761 A.2d 1197 (Superior Court of Pennsylvania, 2000)
In the Interest of A.L.D.
797 A.2d 326 (Superior Court of Pennsylvania, 2002)
In re A.R.
837 A.2d 560 (Superior Court of Pennsylvania, 2003)
In re B.L.W.
843 A.2d 380 (Superior Court of Pennsylvania, 2004)
In re G.P.-R.
851 A.2d 967 (Superior Court of Pennsylvania, 2004)
In re R.L.T.M.
860 A.2d 190 (Superior Court of Pennsylvania, 2004)
In re T.R.
465 A.2d 642 (Supreme Court of Pennsylvania, 1983)
In re E.M.
620 A.2d 481 (Supreme Court of Pennsylvania, 1993)
In re P.A.B.
570 A.2d 522 (Superior Court of Pennsylvania, 1990)

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Bluebook (online)
860 A.2d 190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-rltm-pasuperct-2004.