In Re the Adoption of B.G.S.

614 A.2d 1161, 418 Pa. Super. 588, 1992 Pa. Super. LEXIS 2612
CourtSuperior Court of Pennsylvania
DecidedAugust 17, 1992
Docket00885 and 01119
StatusPublished
Cited by32 cases

This text of 614 A.2d 1161 (In Re the Adoption of B.G.S.) 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 the Adoption of B.G.S., 614 A.2d 1161, 418 Pa. Super. 588, 1992 Pa. Super. LEXIS 2612 (Pa. Ct. App. 1992).

Opinions

BROSKY, Judge.

B. Gordon Nelson, III and Kennedy B. Nelson (“the Nelsons”), husband and wife, have filed consolidated appeals, at No. 00885 Pittsburgh 1991 and No. 01119 Pittsburgh 1991, from the August 15, 1991 and September 27, 1991 orders of the trial court. The aforementioned orders denied the Nelsons’ petition to terminate the parental rights of appellee and granted appellee’s petition to proceed in forma pauperis.

[593]*593In the appeal docketed at No. 00885 Pittsburgh 1991, the Nelsons’ issues are as follows:

I. Is not a new trial required in a termination of parental rights case where the trial court rendered its decision without conducting a full and comprehensive hearing?
II. Is not a new trial required where a birth mother’s mental capacity to parent was at issue, but the lower court refused to admit into evidence and consider the records of her recent psychiatric hospitalization and emotional counseling?
III. Is not a new trial required where the trial judge rejected all expert psychologic [sic] testimony and instead substituted his own courtroom diagnosis as the basis of his decision?
IV. Is not a new trial required where the trial court refused to admit or consider evidence of the child’s unique circumstances and needs as related to parental capacity?

Appellants’ Brief at 3. We affirm the order of the trial court.

In the appeal docketed at No. 01119 Pittsburgh 1991 the Nelsons’ issues are as follows.

1. Whether it is an abuse of discretion for a court to summarily grant in forma pauperis status without conducting an evidentiary hearing when the truth of the allegation in support thereof are called into question?
2. Whether it is an error for a court to grant in forma pauperis status without making the requisite finding that the movant is unable to pay all or some of the costs of the proceeding without impairing his ability to obtain the necessities of life?

Appellants’ Brief at 3. We affirm the order of the trial court.

APPEAL AT NO. 885 PITTSBURGH 1991.

On December 14, 1989 nineteen year-old appellee gave birth to BGS. Appellee was unmarried and living with her parents. The seventeen year-old birth father, who was a student, did not intend to assume any responsibility for the financial and emotional care of BGS. Prior to the birth of BGS appellee was urged, by her parents and the birth father, to permit BGS [594]*594to be adopted. Appellee’s father told her that she would not be permitted to raise BGS in appellee’s father’s home. N.T., 11/26, 28/90, 12/4, 13, 19/90, at 83, 84. In October, 1989 appellee’s father arranged a meeting between appellee and an attorney, who is not counsel in this case. Appellee was of the impression that the attorney was representing her and that she was exploring the possibility of placing BGS for agency adoption or private adoption. Id. at 737, 738. Appellee testified that the attorney stated to her that he would “take care” of her and that the options that she was contemplating were proper. Id.

Despite the options that appellee was contemplating her intention during the latter months of 1989 was to retain and raise BGS in the home of her paternal grandparents. Id. However, appellee’s plans to move into her grandparent’s home were terminated; until her grandparents decided that appellee could not reside with them she wanted to retain and raise BGS. Id. at 740. Appellee met with the attorney in December, 1989 and stated that even though she and BGS would have no place to live she still desired to keep BGS. Appellee testified that at this point the attorney chastised her for “changing her mind” since it was already December and he had invested a substantial portion of time searching for prospective adoptive parents for BGS. Id. at 741. At that time appellee believed that the attorney was still representing her since he “gave her a hug and told [her] that he was taking care of her.” Id. at 742.

On December 14, 1989 BGS was born. At that time appellee felt that she “had to go through with the adoption.” Id. at 744. Appellee testified that the attorney visited the hospital one and one-half days after the birth of BGS. Appellee also testified that the attorney told her that she could not see the baby but a doctor told her that she could not be stopped from seeing the baby; appellee did see BGS in the hospital. Id. at 746, 747. The attorney presented appellee with a consent form that, when signed by appellee, would enable him to remove BGS from the hospital. Appellee was troubled by the language in the form since it stated that she “desired” that [595]*595BGS be removed from the hospital and that her consent was “voluntary.” Id. at 749. She testified that the attorney and the birth father urged her to sign the consent form and that she did so. Id. at 750. The attorney did not inform appellee that she retained the option of not signing the consent form. BGS was taken from the hospital and placed with the Nelsons; BGS has been and is presently living with the Nelsons.

In January, 1990 appellee initiated plans to regain BGS; she began to prepare a nursery at her parents’ home and she told her father that she stored baby clothes, formula, baby food and other articles at the home of her paternal grandparents. On January 22, 1990, under pressure from her father, appellee signed consent to adopt forms. Id. at 752-763. On January 24, 1990, approximately six weeks after the birth of BGS, appellee telephoned the attorney and stated to him that she “did not want to go through with the adoption [and] that [she] wanted the return of [BGS].” Id. at 801. During February, 1990 appellee contacted the attorney three times and stated that she wanted BGS returned to her. Appellee testified that the attorney was upset with her and told her that the Nelsons “were extremely wealthy. They will tie this up in court for years. There’s nothing you can do. You have signed the consent.” Id. at 765. The attorney stated to appellee that it would be in her best interest to retain legal counsel. Appellee did not find out until June, 1990 that it was the Nelsons who were the preadoptive couple who were raising BGS.

In June, 1989, appellee began counseling with marriage and family therapist Carol McNamee. The weekly therapy centered around issues related to appellee’s pregnancy. Id. at 312. Ms. McNamee testified that in May, 1990 appellee was “very distraught about not having her baby.” Id. at 318. She was having “mood swings, lots of crying, sleeplessness, headaches, feeling impulsive, feeling somewhat out of control.” Id. at 319. McNamee felt that appellee was in need of more help than McNamee could offer at that time. Appellee voluntarily admitted herself into Western Psychiatric Institute and Clinic in Pittsburgh on May, 11, 1990 and was released on June 7, [596]*5961990. After her hospitalization appellee continued sessions with McNamee. On July 20, 1990 appellee filed a Revocation of Consent to Adoption. The Nelsons then filed a petition to terminate appellee’s parental rights to BGS.

Prior to the termination hearing trial counsel for the Nelsons requested access to appellee’s psychiatric records regarding her hospitalization and the trial court denied the request.

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Bluebook (online)
614 A.2d 1161, 418 Pa. Super. 588, 1992 Pa. Super. LEXIS 2612, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-adoption-of-bgs-pasuperct-1992.