In the Int. of: J.W., Appeal of: W.L.

• Court: Superior Court of Pennsylvania
• Decided: June 21, 2021
• Docket: 280 EDA 2021
• Status: Unpublished

Opinion

J-S16032-21

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

IN THE INTEREST OF: J.W., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: W.L., FATHER : : : : : No. 280 EDA 2021

Appeal from the Order Entered January 5, 2021 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-DP-0001068-2019

IN THE INTEREST OF: J.P.Y.W., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: W.L., FATHER : : : : : No. 281 EDA 2021

Appeal from the Order Entered January 5, 2021 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-AP-0000096-2020

BEFORE: BENDER, P.J.E., McLAUGHLIN, J., and STEVENS, P.J.E.*

JUDGMENT ORDER BY STEVENS, P.J.E.: FILED June 21, 2021

Appellant, W.L. (“Father”), files these consolidated appeals from the

decree entered January 5, 2021, in the Philadelphia County Court of Common

Pleas Juvenile Division, granting the petition of the Philadelphia Department

of Human Services (“DHS”) to involuntarily terminate Father’s parental rights

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* Former Justice specially assigned to the Superior Court. J-S16032-21

to his minor, female child, J.W. a/k/a J.P.Y.W., born in June 2019 (“Child”),

pursuant to the Adoption Act, 23 Pa.C.S.A. § 2511(a)(1), (2), (5), and (b).

Father further appeals from the order entered January 5, 2021 changing

Child’s permanent placement goal to adoption pursuant to the Juvenile Act,

42 Pa.C.S.A. § 6351.1

Subsequent to an adjudication of dependency and disposition on July 9,

2019, DHS filed petitions for the involuntary termination of parental rights and

for a goal change on February 7, 2020. The court conducted a combined

termination/goal change hearing on January 5, 2021. This hearing was

conducted virtually due to the COVID-19 pandemic. Father was present

virtually and represented by counsel. Child was represented by a guardian ad

litem, also referred to as a child advocate.2 DHS presented the testimony of

Akita Brumskill,3 Community Umbrella Agency (“CUA”), Turning Points for

Children, Case Manager; and Christine Cross, CUA, Turning Points for

Children, Case Manager. Additionally, Father testified on his own behalf.

At the conclusion of the hearing, the court terminated Father’s parental

rights and changed Child’s permanent placement goal to adoption. By

1 Mother’s parental rights were terminated by separate decree entered the same date. Mother did not appeal this decree or the goal change order.

2 Subsequent to the determination of a conflict with the Defender Association

of Philadelphia, Child Advocacy Unit, the court appointed a guardian ad litem/counsel for child pursuant to order entered June 26, 2019.

3 The record is inconsistent as to the name and/or spelling of this CUA case

manager; this inconsistency should be clarified on remand.

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separate decree and order entered January 5, 2021, the court memorialized

these findings. Thereafter, on January 31, 2021, Father, through appointed

counsel, filed timely notices of appeal, along with concise statements of errors

complained of on appeal pursuant to Pa.R.A.P. 1925(a)(2)(i) and (b). This

Court consolidated Father’s appeals sua sponte on March 5, 2021.

On March 2, 2021, the court filed a Notice of Compliance with Rule of

Appellate Procedure 1925(a). See Trial Court’s Notice of Compliance with

Rule of Appellate Procedure 1925(a), 3/2/21. The court stated, in part, “The

trial court’s primary statements regarding the termination of parental rights

appears after argument from counsel. . . .” Id. at 1 (unpaginated). The court

continued, “Furthermore, this [c]ourt addressed the determination that it is in

the best interest of the Child for a Goal Change to Adoption.” Id. Following

broad reference to the record, including witness testimony and exhibits

presented, the court further stated, “To the extent that the Pennsylvania

Superior Court believes that the trial court’s statements on the record do not

adequately address any issue on appeal, the trial court will submit a

supplemental opinion upon remand.” Id. at 1-2.

We remand the appeal to the trial court for it to file with this Court,

within thirty days, a Pa.R.A.P. 1925(a) opinion providing the reasons for its

decision to involuntary terminate Father’s parental rights and change Child’s

permanent placement goal.

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Appeals remanded for the trial court to file an opinion with this Court

within thirty days. Jurisdiction retained.

Judgment Entered.

Joseph D. Seletyn, Esq. Prothonotary

Date: 6/21/2021

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