In Re SDT, Jr.

934 A.2d 703
CourtSuperior Court of Pennsylvania
DecidedSeptember 6, 2007
StatusPublished

This text of 934 A.2d 703 (In Re SDT, Jr.) 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 SDT, Jr., 934 A.2d 703 (Pa. Ct. App. 2007).

Opinion

934 A.2d 703 (2007)

In re S.D.T., JR., a Minor.
Appeal of S.D.T., Sr.

Superior Court of Pennsylvania.

Submitted July 23, 2007.
Filed September 6, 2007.
Reargument Denied November 19, 2007.

*704 Joy M. Waters, Oberlin, for appellant.

Kevin R. Helm, Halifax, for Guardian Ad Litem, appellee.

Jason Kutulakis, Carlisle, for Children and Youth, appellee.

BEFORE: KLEIN, DANIELS and KELLY, JJ.

OPINION BY DANIELS, J.:

¶ 1 Natural father, S.D.T., Sr. (Appellant), appeals from the decree entered on January 10, 2007 by the Orphans' Court of Dauphin County, terminating Appellant's parental rights to his minor child, S.D.T., Jr. We vacate and remand for the purpose of further development of the record below for the following reasons.

¶ 2 The lower court summarized the facts and procedural history of this matter as follows:

The circumstances which brought [S.D.T., Jr.] to the [Dauphin County Social Services for Children and Youth] *705 Agency's attention were an allegation that [S.D.T., Jr.'s] younger brother had been physically abused by the mother. The Agency was concerned about [S.D.T., Jr.'s] safety because the mother would not disclose his location, other than that he was living with the father. Following a detention hearing on August 16, 2004, [S.D.T., Jr.] was placed in the temporary custody of the Juvenile Court. On the day of the Adjudication and Disposition Hearing, September 22, 2004, a relative, [L.H.], the child's godmother, contacted the Agency regarding bringing [S.D.T., Jr.] into the agency, because she knew that the Agency was looking for him. [An Agency permanency caseworker] testified that she believed that [the godmother] brought [S.D.T., Jr.] to the agency because at that time, [Appellant] left a halfway house in order to care for [S.D.T., Jr.], but wanted to avoid further legal difficulties.
At the Adjudication and Disposition hearing September 22, 2004. . . . [Appellant] was apprised of what was required of him in order to be reunited with his child.
After the child was placed, [Appellant] turned himself in and was transferred to Albion State Correctional Institute. . . .
. . .
At the end of October or beginning of November, 2006, a counselor from the Dauphin County Prison informed the agency that [Appellant] was incarcerated for non-payment of child support. On November 9, 2006, the Dauphin County Court sentenced [Appellant] to six months of incarceration in the Dauphin County Prison and Work Release Center. At the time of the hearing before court in December 28, 2006, he remained incarcerated and was hopeful that he could be out of March 2006[sic].
The record of the above sequence of events reflects that throughout 2004 up to and through the time of the hearing . . . [Appellant] was either incarcerated, in a halfway house or in an inpatient drug rehabilitation facility, with the exception of brief periods.
. . .
On July 25, 2006, the Juvenile Court changed the permanency goal to adoption. No appeal was taken from that Order.
. . .
Additionally, the Agency presented testimony on the condition of the child. [The Agency caseworker] testified that physically and developmentally, the child is doing well. However, [S.D.T., Jr.] experiences serious difficulties from an emotional standpoint. In September 2006, the child wrote a letter in which he talked about killing himself because of the current situation. The Agency obtained an emergency psychiatric evaluation and counseling which resulted in hospitalization. The Agency learned that [S.D.T., Jr.] experienced emotional problems after reading letters from [Appellant] in which [Appellant] made promises to reunify, which ended in disappointment.

Lower Court 1925(a) Opinion, 4/18/07, pp. 1-5 (Internal Citations Omitted and Emphasis Added).

¶ 3 In cases involving termination of parental rights, our scope of review is broad. All of the evidence, as well as the trial court's factual and legal determinations, are to be considered. In re M.G., 855 A.2d 68 (Pa.Super.2004). However, our standard of review is limited to determining whether the order 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. In re Adoption *706 of S.M., 816 A.2d 1117 (Pa.Super.2003). We have always been deferential to the trial court as the fact finder, as the determiner of the credibility of witnesses, and as the sole and final arbiter of all conflicts in the evidence. See In re Adoption of A.C.H., 803 A.2d 224 (Pa.Super.2002). Moreover, this Court will affirm a termination of parental rights if competent evidence supports the trial court's findings, even if the record could support an opposite result. See In the Interest of L.S.G., 767 A.2d 587 (Pa.Super.2001).

¶ 4 In order to prevail in a petition for termination of parental rights, the petitioner must present clear and convincing evidence to the trial court of at least one of the statutory grounds for termination. See In re J.D.W.M., 810 A.2d 688 (Pa.Super.2002). This means that the evidence must be sufficiently clear, direct, weighty, and convincing so as to enable the trier of fact to come to a clear conviction, without hesitation as to truth of the facts supporting one or more of the statutory grounds necessary to support such termination of parental rights. In re Julissa O., 746 A.2d 1137 (Pa.Super.2000).

¶ 5 Pennsylvania courts are required to engage in a two-step evaluation process before terminating parental rights. In re R.J.S., 901 A.2d 502 (Pa.Super.2006). First, the conduct of the parent must be examined. The petitioner seeking termination must establish by clear and convincing evidence that the parent's conduct satisfies at least one of the nine statutory grounds for termination, as set forth in 23 Pa.C.S.A. § 2511(a). Id. If it is determined that this burden of proof has been met, then the trial court must next consider the second step of the process, which entails a determination of whether termination best serves the needs and welfare of the child. The needs and welfare of the child are the paramount consideration in deciding whether to terminate parental rights. In re N.W., 859 A.2d 501 (Pa.Super.2004). The effect of severing the bond between the parent and the child is "a major aspect of the needs and welfare analysis." In re R.J.S. supra at 901 A.2d 508. Consistent with the Supreme Court of Pennsylvania's admonitions in In re E.M, 533 Pa. 115, 620 A.2d 481

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Related

In Re Involuntary Termination of C.W.S.M.
839 A.2d 398 (Superior Court of Pennsylvania, 2003)
In Re Adoption of R.J.S.
901 A.2d 502 (Superior Court of Pennsylvania, 2006)
In Re Julissa O.
746 A.2d 1137 (Superior Court of Pennsylvania, 2000)
In Re Adoption of S.M.
816 A.2d 1117 (Superior Court of Pennsylvania, 2003)
In Re Adoption of A.C.H.
803 A.2d 224 (Superior Court of Pennsylvania, 2002)
In re K.C.W.
689 A.2d 294 (Superior Court of Pennsylvania, 1997)
In the Interest of L.S.G.
767 A.2d 587 (Superior Court of Pennsylvania, 2001)
In re J.D.W.M.
810 A.2d 688 (Superior Court of Pennsylvania, 2002)
In re M.G.
855 A.2d 68 (Superior Court of Pennsylvania, 2004)
In re N.W.
859 A.2d 501 (Superior Court of Pennsylvania, 2004)
In re R.L.T.M.
860 A.2d 190 (Superior Court of Pennsylvania, 2004)
In re S.D.T.
934 A.2d 703 (Superior Court of Pennsylvania, 2007)
In re E.M.
620 A.2d 481 (Supreme Court of Pennsylvania, 1993)

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Bluebook (online)
934 A.2d 703, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sdt-jr-pasuperct-2007.