In re the Adoption of J.N.F.

887 A.2d 775, 2005 Pa. Super. 379, 2005 Pa. Super. LEXIS 4009
CourtSuperior Court of Pennsylvania
DecidedNovember 9, 2005
StatusPublished
Cited by69 cases

This text of 887 A.2d 775 (In re the Adoption of J.N.F.) 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.N.F., 887 A.2d 775, 2005 Pa. Super. 379, 2005 Pa. Super. LEXIS 4009 (Pa. Ct. App. 2005).

Opinion

OPINION BY

POPOVICH, J.:

¶ 1 W.E. (Father) appeals the order entered on October 4, 2004, in the Court of Common Pleas of Erie County, that involuntarily terminated his parental rights in J.N.F., his minor child. On review, we affirm.

¶2 The relevant facts and procedural history of this case are as follows: J.N.F. was born on September 5, 2002, to L.F. (Mother) and Father. Mother and Father are not married, and, at the time of J.N.F.’s birth, Father’s paternity of J.N.F. had not been established. However, Mother indicated that Father was, in fact, J.N.F.’s biological father. Based on the history of difficulties Mother had with parenting, including her drug abuse, frequent incarceration, and her inability to care for her other children, the Erie County Office of Children and Youth (OCY) initiated dependency proceedings on behalf of J.N.F. Shortly thereafter, J.N.F. was adjudicated dependent. On September 7, 2002, on discharge from the hospital, J.N.F. was placed in foster care.

¶ 3 The trial court conducted an adjudication hearing on September 20, 2002. Mother stipulated to the facts set forth in OCY’s petition, and the trial court declared J.N.F. dependent. On October 4, 2002, after declaring J.N.F. dependent, the trial court established J.N.F.’s permanency goal as reunification with Mother. In addition, the October 4, 2002 order established a child service plan that required Mother to achieve certain objectives so that she could be reunified with J.N.F.

¶ 4 Although named as the natural father of J.N.F. by Mother, Father’s paternity was not established formally at the time of the adjudication hearing, and his whereabouts were unknown at that time. Therefore, the trial court’s October 4, 2002 order provided for genetic testing and the development of a child service plan once Father’s paternity of J.N.F. was established.

¶ 5 Father’s paternity of J.N.F. was established conclusively on April 29, 2003, shortly before his parole from prison. The child service plan required Father, while on parole, to comply with the terms of his parole re-integration program and take parenting classes. The record indicates that Father was partially compliant with these programs while on parole. Father also engaged in several supervised and unsupervised visits with J.N.F. However, on October 8, 2003, Father was arrested for a parole violation and incarcerated at the State Correctional Institution at Albion (SCI-Albion). After being incarcerated, Father corresponded with J.N.F. by letter on February 11, 2004, March 29, 2004, June 24, 2004, August 30, 2004, and September 14, 2004.

¶ 6 Despite the services offered to Mother and Father, OCY did not feel that Mother or Father made adequate progress toward the goal of reunification. Therefore, OCY filed a petition with the trial court to change J.N.F.’s goal from reunification with Mother to adoption. Father [778]*778was represented by appointed counsel at the goal-change hearing. The trial court granted OCY’s petition on February 25, 2004. Father and Mother did not appeal the order to this Court. On June 3, 2004, OCY filed a petition to terminate Mother’s parental rights involuntarily in J.N.F. OCY filed a petition- to terminate Father’s parental rights involuntarily in J.N.F. on June 4, 2004. The petitions informed Mother and Father that if they desired counsel and were indigent, the trial court would appoint counsel to represent them at no cost. Father received notice of OCY’s petition while incarcerated, and he told his OCY caseworker that he wished to contest the petition. However, Father did not request the trial court to appoint counsel for his petition, and he did not inform the trial court of his intent to contest the petition.

¶ 7 Consistent with the standard practice in Erie County, the trial court conducted a “right to amend” proceeding on the termination petition on July 12, 2004. The purpose of this hearing is to determine whether the petition will be contested, to appoint counsel for the parents and children if the petition is contested, and to schedule a hearing date. Father was not present at this hearing, and he was not represented by counsel at the hearing. At the hearing, OCY’s attorney informed the trial court that Father wished to contest the termination petition, but Father had not indicated to the trial court, via motion or other communication, that he wished to contest the termination petition.

¶ 8 On July 29, 2004, following the “right to amend” hearing, the trial court appointed Karen Klapsinos, Esquire, to represent J.N.F. The trial court did not appoint counsel to represent Mother or Father, and its July 29, 2004 order advised Mother and Father that they must either retain private counsel or represent themselves at the termination hearing. The trial court’s July 29, 2004 order also scheduled the termination hearing to take place on September 28, 2004. Thereafter, on September 9, 2004, OCY filed an amended termination petition. Although he received notice of OCY’s original termination petition, Father did not receive notice of the amended petition.

¶ 9 The termination hearing took place as scheduled on September 28, 2004. Father was not present at the hearing, and he was not represented by counsel at the hearing.1 However, immediately before the hearing commenced, OCY informed the trial court that, as of the date of the “right to amend” hearing, Father wanted to contest the termination petition. Thereafter, the trial court received testimony from two OCY caseworkers involved with J.N.F.’s case. On October 4, 2004, the trial court granted OCY’s petition and terminated Mother’s and Father’s parental rights in J.N.F. The trial court authored an opinion in support of its order.

¶ 10 On November 1, 2004, Father filed pro se a “notice of intent” to challenge the trial court’s termination order.2 Father’s “notice of intent” also contained a motion for request of appointment of counsel to assist him with his appeal. The trial court treated Father’s “notice of intent” as a notice of appeal, but it did not rule on [779]*779Father’s request for counsel. On November 16, 2004, the trial court ordered Appellant to file a concise statement of matters complained of on appeal pursuant to Pa.R.A.P. 1925(b). The docket entries reflect that Father filed pro se a concise statement of matters complained of on appeal that was returned to him by the trial court. However, the pro se statement of matters does not appear in the certified record. Thereafter, on February 16, 2005, the trial court authored a supplemental opinion that stated that Father failed to comply with its Pa.R.A.P. 1925(b) order and that it would rely on its previous opinion of October 4, 2004, as support for its termination order.

¶ 11 On February 17, 2005, the trial court appointed Mary A. Richmond, Esquire, as counsel to assist Father with the prosecution of his appeal. Thereafter, on February 25, 2005, this Court returned the record to the trial court because Father failed to pay the appropriate filing fee for his notice of appeal. We directed the trial court to return the record to this Court after Father paid the appropriate filing fee or was granted in forma pauperis status from the trial court.

¶ 12 Father, through Attorney Richmond, filed a petition for permission to file an amended notice of appeal and amended Pa.R.A.P. 1925(b) concise statement of matters complained of on appeal on March 4, 2005. With the petition, Father filed a request for informa pauperis status.

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Bluebook (online)
887 A.2d 775, 2005 Pa. Super. 379, 2005 Pa. Super. LEXIS 4009, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-adoption-of-jnf-pasuperct-2005.