In the Int. of: E.D.A. III, a Minor; Apl. of: E.A.

CourtSupreme Court of Pennsylvania
DecidedMarch 26, 2025
Docket15 MAP 2024
StatusPublished

This text of In the Int. of: E.D.A. III, a Minor; Apl. of: E.A. (In the Int. of: E.D.A. III, a Minor; Apl. of: E.A.) 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 the Int. of: E.D.A. III, a Minor; Apl. of: E.A., (Pa. 2025).

Opinion

[J-51A-2024, J-51B-2024, J-51C-2024, J-51D-2024, J-51E-2024, J-51F-2024, J-51G- 2024, J-51H-2024, J-51I-2024 and J-51J-2024] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

IN THE INTEREST OF: E.D.A., III, A : No. 15 MAP 2024 MINOR : : Appeal from the Order of the : Superior Court at No. 683 MDA APPEAL OF: E.D.A., JR., FATHER : 2022 dated December 14, 2023, : Affirming the Decree of the York : County Court of Common Pleas, : Orphans' Court, at No. 2022-0008a : dated April 20, 2022 : : ARGUED: November 20, 2024

IN THE INTEREST OF: B.W., A MINOR : No. 16 MAP 2024 : : Appeal from the Order of the APPEAL OF: E.A., JR., FATHER : Superior Court at No. 687 MDA : 2022 dated December 14, 2023, : Affirming the Decree of the York : County Court of Common Pleas, : Orphans Court, at No. 2022-0007a : dated April 20, 2022 : : ARGUED: November 20, 2024

IN THE INTEREST OF: A.B.A., A MINOR : No. 17 MAP 2024 : : Appeal from the Order of the APPEAL OF: E.A., JR., FATHER : Superior Court at No. 686 MDA : 2022 dated December 14, 2023, : Affirming the Decree of the York : County Court of Common Pleas, : Orphans' Court, at No. 2022-0019a : dated April 20, 2022 : : ARGUED: November 20, 2024

IN THE INTEREST OF: R.M.A., A MINOR : No. 18 MAP 2024 : : Appeal from the Order of the APPEAL OF: E.A., JR., FATHER : Superior Court at No. 685 MDA : 2022 dated December 14, 2023, : Affirming the Decree of the York : County Court of Common Pleas, : Orphans' Court, at No. 2022-0010a : dated April 20, 2022 : : ARGUED: November 20, 2024

IN THE INTEREST OF: E.J.A., A MINOR : No. 19 MAP 2024 : : Appeal from the Order of the APPEAL OF: E.A., JR., FATHER : Superior Court at No. 684 MDA : 2022 dated December 14, 2023, : Affirming the Decree of the York : County Court of Common Pleas, : Orphans' Court, at No. 2022-0009a, : dated April 20, 2022 : : ARGUED: November 20, 2024

IN THE INTEREST OF: E.D.A., III, A : No. 20 MAP 2024 MINOR : : Appeal from the Order of the : Superior Court at No. 755 MDA APPEAL OF: T.M.A., MOTHER : 2022 dated December 14, 2023, : Affirming the Decree of the York : County Court of Common Pleas, : Orphans' Court, at No. 2022-0008a : dated April 20, 2022 : : ARGUED: November 20, 2024

IN THE INTEREST OF: E.J.A., A MINOR : No. 21 MAP 2024 : : Appeal from the Order of the APPEAL OF: T.M.A., MOTHER : Superior Court at No. 756 MDA : 2022 dated December 14, 2023, : Affirming the Decree of the York : County Court of Common Pleas, : Orphans' Court, at No. 2022-0009a : dated April 20, 2022 : : ARGUED: November 20, 2024

IN THE INTEREST OF: R.M.A., A MINOR : No. 22 MAP 2024 :

[J-51A-2024, J-51B-2024, J-51C-2024, J-51D-2024, J-51E-2024, J-51F-2024, J-51G- 2024, J-51H-2024, J-51I-2024 and J-51J-2024] - 2 : Appeal from the Order of the APPEAL OF: T.W.A., MOTHER : Superior Court at No. 757 MDA : 2022 dated December 14, 2023, : Affirming the Decree of the York : County Court of Common Pleas, : Orphans' Court, at No. 2022-0010a : dated April 20, 2022 : : ARGUED: November 20, 2024

IN THE INTEREST OF: A.B.A., A MINOR : No. 23 MAP 2024 : : Appeal from the Order of the APPEAL OF: T.W.A., MOTHER : Superior Court at No. 758 MDA : 2022 dated December 14, 2023, : Affirming the Decree of the York : County Court of Common Pleas, : Orphans' Court, at No. 2022-0019a : dated April 20, 2022 : : ARGUED: November 20, 2024

IN THE INTEREST OF: B.W., A MINOR : No. 24 MAP 2024 : : Appeal from the Order of the APPEAL OF: T.W.A., MOTHER : Superior Court at No. 759 MDA : 2022 dated December 14, 2023, : Affirming the Decree of the York : County Court of Common Pleas, : Orphans' Court, at No. 2022-0007a : dated April 20, 2022 : : ARGUED: November 20, 2024

DISSENTING STATEMENT

JUSTICE DONOHUE FILED: March 26, 2025 We granted allowance of appeal to address the following issue:

Does clear and convincing evidence exist to support a termination of parental rights decision where the trial court based its decision upon the testimony of one witness without acknowledging the competent testimony of multiple witnesses

[J-51A-2024, J-51B-2024, J-51C-2024, J-51D-2024, J-51E-2024, J-51F-2024, J-51G- 2024, J-51H-2024, J-51I-2024 and J-51J-2024] - 3 who provided testimony that directly contradicted that witness’ testimony. In the Interest of: E.D.A., et. al., 23-27 MAL 2024 (per curiam). By dismissing this case

as improvidently granted, the Majority blesses the trial court’s determination to terminate

the appellants’ (Parents’) rights to their five children. Yet, the trial court failed to support

its determination with clear and convincing evidence, thereby erring as a matter of law.

This error is apparent from the face of the trial court’s opinions and the record and I cannot

join my colleagues in dismissing this case as improvidently granted.

This matter involves the severance of Parents’ constitutionally protected,

fundamental right to make decisions pertaining to the care, custody, and control of their

children. Hiller v. Fausey, 904 A.2d 875, 885 (Pa. 2006). That consequence, the

permanent destruction of the fundamental relationship between parent and child, is so

drastic that it has been coined “the civil equivalent to the death penalty.” See In re

Adoption of C.M., 255 A.3d 343, 362 (Pa. 2021).

This fundamental right “does not evaporate simply because [parents] have not

been model parents or have lost temporary custody of their child to the State.” Santosky

v. Kramer, 455 U.S. 745, 754 (1982). The United States Supreme Court has, in fact,

recognized that “persons faced with forced dissolution of their parental rights have a more

critical need for procedural protections than do those resisting state intervention into

ongoing family affairs. When the State moves to destroy weakened familial bonds, it must

provide the parents with fundamentally fair procedures.” Id. at 753-54. One critical aspect

of these procedures is the fair application of the correct standard of proof. The United

States Supreme Court has explained that the purpose of a standard of proof “is to ‘instruct

the fact[]finder concerning the degree of confidence our society thinks he should have in

the correctness of factual conclusions for a particular type of adjudication.’” Id. at 754-55

(quoting Addington v. Texas, 441 U.S. 418 (1979) (quoting In re Winship, 397 U.S. 358

[J-51A-2024, J-51B-2024, J-51C-2024, J-51D-2024, J-51E-2024, J-51F-2024, J-51G- 2024, J-51H-2024, J-51I-2024 and J-51J-2024] - 4 (1970) (Harlan, J., concurring)). If the government seeks to terminate parental rights, due

process requires that the state produce at least clear and convincing evidence, which is

the highest standard of civil proof, to support its allegations. Id. A lower standard is not

constitutionally sufficient. Id. Imposing this high burden of proof is “one way to impress

the factfinder with the importance of the decision and thereby perhaps to reduce the

chances that inappropriate terminations will be ordered.” Id. at 764-65 (quoting

Addington, 441 U.S. at 427); see also In re T.R., 465 A.2d 624 (Pa. 1983) (adopting the

clear and convincing standard of proof following Santosky).

Against this backdrop, I turn to Pennsylvania’s Adoption Act. Pennsylvania law

commands the state agency seeking to terminate parental rights, here, the York County

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Related

In Re WINSHIP
397 U.S. 358 (Supreme Court, 1970)
Addington v. Texas
441 U.S. 418 (Supreme Court, 1979)
Santosky v. Kramer
455 U.S. 745 (Supreme Court, 1982)
Matter of Adoption of Charles EDM, II
708 A.2d 88 (Supreme Court of Pennsylvania, 1998)
In Re Adoption of Atencio
650 A.2d 1064 (Supreme Court of Pennsylvania, 1994)
Hiller v. Fausey
904 A.2d 875 (Supreme Court of Pennsylvania, 2006)
In re Adoption of S.P.
47 A.3d 817 (Supreme Court of Pennsylvania, 2012)

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