In Re the Adoption of C.A.E.

532 A.2d 802, 516 Pa. 419, 1987 Pa. LEXIS 819
CourtSupreme Court of Pennsylvania
DecidedOctober 15, 1987
Docket35 M.D. Appeal Docket 1986
StatusPublished
Cited by18 cases

This text of 532 A.2d 802 (In Re the Adoption of C.A.E.) is published on Counsel Stack Legal Research, covering Supreme 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 C.A.E., 532 A.2d 802, 516 Pa. 419, 1987 Pa. LEXIS 819 (Pa. 1987).

Opinions

OPINION

ZAPPALA, Justice.

This is an appeal from an order of the Superior Court which reversed a decree of the Orphans’ Court Division of the Court of Common Pleas of York County. Appellee’s parental rights to her son, C.A.E.1, were terminated follow[421]*421ing the Orphans’ Court’s determination that Appellant York County Children and Youth Services (hereinafter YCCS) had shown by clear and convincing evidence that the factors listed in 23 Pa.C.S. § 2511 were present in this case and that Appellee was incapable of caring for her son. On appeal, the Superior Court reversed, holding that YCCS had not established Appellee’s incapacity by clear and convincing evidence. We hold that Superior Court exceeded its scope of review and, accordingly, reverse.

Appellee’s child was one of triplets born four months premature on September 17, 1982. Two of the triplets died shortly after birth. He suffered and continues to suffer from numerous medical problems. He remained in the hospital for almost fourteen months after birth and requires, and will continue to require, constant medical care. During the fourteen months C.A.E. was in the hospital, Appellee visited him infrequently and made no effort to learn to care for him.

In July 1983, YCCS filed a petition for custody with the Juvenile Division of the Court of Common Pleas of York County. The child was adjudged to be dependent, and his custody was awarded to YCCS for foster care. He remained in the hospital until December 1983, when he was released into the custody of foster parents.

In November 1984, Appellee revoked her previous consent to give C.A.E. up to foster parents. A number of hearings were held, at one of which the father’s parental rights were terminated without opposition.2 Following the hearings, the Orphans’ Court terminated Appellee’s parental rights. Superior Court reversed.

We recently reaffirmed that the scope of appellate review where the Orphans’ Court has involuntarily terminated a natural parent’s right to a child is limited to the determination of whether the decree of termination is supported by competent evidence. See In re Adoption of [422]*422Faith M., 509 Pa. 238, 240, 501 A.2d 1105, 1106 (1985), and cases cited therein. The burden is on the party seeking termination to show by “clear and convincing” evidence that grounds to terminate exist. Id., 509 Pa. at 240, 501 A.2d at 1106; In the Matter of the Adoption of G.T.M., 506 Pa. 44, 46, 483 A.2d 1355, 1356 (1984).

The Superior Court recognized the proper standard of review. We find, however, that Superior Court misapplied the standard — erroneously substituting its own independent interpretation of the facts as it perceived them to be from the record.

The statutory grounds upon which the Orphans’ Court based its termination decree are found in 23 Pa.C.S. § 2511(a)(2), (5). These sections provide:

(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 the 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.

In finding that Appellant had met its burden of showing by clear and convincing evidence that the statutory grounds above were met, the Orphans’ Court made numer[423]*423ous findings of fact. These facts, which are supported by the record, show the following:

C.A.E. is a very small child, suffering from retarded physical development and many respiratory problems. He requires compulsive medical care, which a layperson may be trained to give with long-term, rigorous training. (N.T. 1/31/84, p. 51). His condition is such that any lower respiratory tract disease could be lethal. (N.T. 1/31/84, p. 50). Also, the child’s condition will continue to be critical for at least several years of his life. (N.T. 1/31/84, p. 50).

The doctor who treated C.A.E. when he was born testified concerning the child’s condition and about Appellee’s capacity to care for the child. He opined that Appellee is incapable of caring for C.A.E., mainly because she was uncommitted to the fact that medical care would save the baby’s life. (N.T. 1/31/84, p. 53). Appellee’s psychotherapist also testified that he did not think Appellee was capable of giving the kind of care necessary for C.A.E.’s survival. (N.T. 1/31/84, p. 70). He thought that Appellee’s current pregnancy and the fact that she was soon going to regain custody of another child would put considerable stress on her and be too much for her to handle with C.A.E.

Evidence showing that Appellee’s visits to the hospital were infrequent, erratic and of short duration was presented. A hospital social worker testified that Appellee became frustrated when trying to feed the baby, had very little interaction with the baby and arrived at the hospital to visit unannounced numerous times. (N.T. 1/31/84, pp. 11, 28-9). A physician testified that Appellee had placed a pyramid shaped object with an eye in the center on the baby’s crib, instructed the hospital to use eucalyptus leaves in treating the baby, and brought faith healers to the hospital to cure the child. (N.T. 1/31/84, pp. 46, 48).

Appellee testified on her own behalf. She stated that her long absences from visiting the child were caused by her unstable emotional state, use of excessive medicine and trouble in her personal life. (N.T. 2/23/84, pp. 43, 45, 47-50). She testified that she is on her way to solving her [424]*424problems and accepting her child. (N.T. 2/23/84, pp. 50-54).

The trial court’s termination of Appellee’s parental rights was predicated upon the fact that C.A.E. is in a precarious physical state and needs constant care and attention. The trial court found that Appellee is incapable of caring for the child and has deprived him of care necessary for his well-being. Since these conclusions were supported by the record, they should not have been disturbed.

Superior Court injected another factor into its decision by overturning a credibility determination of the lower court. Superior Court found that Appellee had the potential to develop skills to care for the child and that this was sufficient to prevent termination of parental rights. In the Matter of Adoption of Ellingsen, 348 Pa.Super. 169, 175,

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In Re the Adoption of C.A.E.
532 A.2d 802 (Supreme Court of Pennsylvania, 1987)

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Bluebook (online)
532 A.2d 802, 516 Pa. 419, 1987 Pa. LEXIS 819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-adoption-of-cae-pa-1987.