In Re the Adoption of J. S. H.

445 A.2d 162, 299 Pa. Super. 90
CourtSuperior Court of Pennsylvania
DecidedApril 30, 1982
Docket713
StatusPublished
Cited by10 cases

This text of 445 A.2d 162 (In Re the Adoption of J. S. H.) 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 J. S. H., 445 A.2d 162, 299 Pa. Super. 90 (Pa. Ct. App. 1982).

Opinions

[92]*92POPOVICH, Judge:

This appeal is from the final decree of the Court of Common Pleas of Erie County, Orphans’ Court Division, involuntarily terminating the parental rights of appellant, T. V. H., in her natural son, J. S. H.

On June 26, 1980, a petition was filed in the Court of Common Pleas of Erie County, Orphans’ Court Division, by the Children’s Services of Erie County (Children’s Services), appellee herein, seeking the involuntary termination of the parental rights of appellant with respect to her son, J. S. H. On October 6, 1980, a hearing was held and the Orphans’ Court entered a decree involuntarily terminating appellant’s parental rights under § 311(1) and § 311(2) of the Adoption Act. 1 P.S. § 311 (Supp.1976) (current version at 23 Pa.C. S.A. § 2511(a)(l)-(2) (Pocket Part 1981-82)). After exceptions were filed and orally argued, the Orphans’ Court ordered that appellant be given another opportunity by Children’s Services to visit with her son to determine whether she properly could care for the child. On May 18, 1981, Children’s Services filed a motion to terminate visitation. A second hearing was held, and, on June 10, 1981, the Orphans’ Court entered a final decree dismissing appellant’s exceptions and reinstating the decree of October 6, 1980, thereby terminating appellant’s parental rights. This direct appeal followed.

On appeal, appellant first contends that the evidence was insufficient to establish either that she failed or refused to perform her parental duties for a period of at least six months or that conditions and causes of her incapacity, neglect or refusal cannot or will not be remedied. Second, appellant argues that the actions of Children’s Services thwarted her efforts to perform parental duties.

For the following reasons, we affirm the lower court’s decree.

To begin with, our standard of review in cases of involuntary termination of parental rights is limited to determining whether the lower court’s findings are sup[93]*93ported by competent evidence. In re L.A.G., 490 Pa. 85, 415 A.2d 44 (1980). In making this determination, we are obliged to “[accept] as true all the evidence supporting the findings and all reasonable inferences therefrom.” In re D.K.W., 490 Pa. 134, 138, 415 A.2d 69, 71 (1980) (quoting In re William L., 477 Pa. 322, 340, 383 A.2d 1228, 1237, cert. denied, 439 U.S. 880, 99 S.Ct. 216, 58 L.Ed.2d 192 (1978)). Absent an abuse of discretion, findings of the Orphans’ Court must be sustained even though the record could support an opposite result. In re D.K.W., supra; In re William L., supra. In applying this standard to the instant case, the record discloses the following facts:

J. S. H. was born on August 19, 1978. When he was six weeks old, J. S. H. was adjudicated a dependent child under the Juvenile Act because of his failure to thrive and appellant’s failure to provide adequate medical care.1 42 Pa.C. S.A. § 6302 (1981 Pamphlet). The child was placed in the care and custody of Children’s Services and, at the age of seven weeks, was placed in the home of a foster mother with whom he currently resides.

The child has been diagnosed as having neurological disability, developmental delays, and physical problems. It also has been established that the child is not within normal intelligence limits and has a limited intellectual range and capacity.

Following a dispositional hearing on November 22, 1978, the Orphans’ Court ordered that the child remain under the care and supervision of Children’s Services for an indefinite period. Appellant was ordered to cooperate with mental health counseling and to participate in a child care program designed for mentally handicapped children and their par[94]*94ents. Appellant attended mental health counseling for a short period of time, failed to recognize any problems and subsequently ceased attending. Appellant did not participate in the court-ordered child care program. Although appellant maintained that the primary reason she did not attend child care classes was because she did not drive and could not obtain a ride, she also stated that at that time, she did not feel that she needed parental training. (N.T. 10/6/80, pp. 38, 43).

In March and October 1979, the court established conditions for the reunification of appellant and her son. Both court orders required appellant to attend various types of counseling and also provided for visitation. Appellant never attended the required parental training program. Moreover, although appellant was afforded liberal visiting privileges, she declined to take full advantage of them. During the visits that took place in appellant’s home, appellant often would not pay attention to the child. Overall, appellant’s contact with her son was limited because “[appellant] would be off doing other things, getting papers together or playing with the dogs or paying attention to her boyfriend . (N.T. 10/6/80, p. 11).

From January 18,. 1980, through April 7, 1980, appellant failed to contact Children’s Services or visit with her son. On April 7, 1980, appellant’s request for visitation was denied by Children’s Services because of her failure to follow through with counseling or contact the agency.2 Children’s Services then filed a. petition to terminate parental rights, and, following a hearing on October 6, 1980, the Orphans’ Court granted the requested relief. After exceptions were filed and argued, the court ordered that appellant be given [95]*95another opportunity to visit with her son in order to determine whether she properly could care for the child.

Visitations held pursuant to this order took place in the child’s foster home. During the first three visits, appellant had no interaction with her son and spent a majority of the allotted time playing with one of the other foster children. Appellant’s infrequent attempts to interact with her son during subsequent visits were unsuccessful. The child responded to his mother with displays of erratic physical and emotional behavior. Specifically, the child would hide from and avoid appellant, and scream, kick, cry and pull out his hair when his mother attempted interaction. Appellant consistently failed to react to her son’s outbursts and often began to play with one of the other foster children. Despite the unsuccessful and unsettling nature of the visits, appellant informed the caseworker that all the visits were going well, that she and her son had a very good rapport, and that there were no problems.

In May, 1981, Children’s Services refused to allow appellant to visit with her son and filed a petition to terminate visitation. This action was prompted by complaints by the foster mother that the visits caused the child severe emotional and physical distress, including voiding and withdrawal symptoms, hyperventilating, bed-wetting, and sleeping difficulties. Following a hearing on appellee’s motion to terminate visitation, the Orphans’ Court dismissed appellant’s exceptions and entered a final decree reinstating its October 6, 1980 order terminating appellant’s parental rights.

Currently, appellant is unemployed, does not own or operate an automobile, and lives with her parents at Canadohta Lake, Union City. Appellant testified that she presently is attending parental classes but does not know how they are helping her other than that the classes “[teach her] more of how to . . . try to reason with [a] child.” (N.T.

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In Re the Adoption of J. S. H.
445 A.2d 162 (Superior Court of Pennsylvania, 1982)

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Bluebook (online)
445 A.2d 162, 299 Pa. Super. 90, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-adoption-of-j-s-h-pasuperct-1982.