In the Int. of: X.L.A, Appeal of: L.A.

CourtSuperior Court of Pennsylvania
DecidedJanuary 6, 2021
Docket756 WDA 2020
StatusUnpublished

This text of In the Int. of: X.L.A, Appeal of: L.A. (In the Int. of: X.L.A, Appeal of: L.A.) 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 the Int. of: X.L.A, Appeal of: L.A., (Pa. Ct. App. 2021).

Opinion

J-S55008-20

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

IN THE INTEREST OF: X.L.A. : IN THE SUPERIOR COURT OF : PENNSYLVANIA : APPEAL OF: L.A., FATHER : : : : : : No. 756 WDA 2020

Appeal from the Order Entered June 29, 2020 In the Court of Common Pleas of Lawrence County Orphans' Court at No(s): No. 20008 of 2020 O.C.-A

IN THE INTEREST OF: X.L.A. : IN THE SUPERIOR COURT OF : PENNSYLVANIA : APPEAL OF: L.A., FATHER : : : : : : No. 757 WDA 2020

Appeal from the Order Entered June 30, 2020 In the Court of Common Pleas of Lawrence County Family Court at No(s): No. 24 of 2017, D.P.

BEFORE: BOWES, J., McCAFFERY, J., and COLINS, J.*

MEMORANDUM BY BOWES, J.: FILED JANUARY 06, 2021

L.A. (“Father”) appeals from the June 29, 2020 orphan’s court order

granting the petition filed by Lawrence County Children and Youth Services

(“LCCYS”) to involuntarily terminate Father’s parental rights to his son, X.L.A.

He also appeals the June 30, 2020 juvenile court order that changed X.L.A.’s

____________________________________________

* Retired Senior Judge assigned to the Superior Court. J-S55008-20

permanent placement goal from reunification to adoption pursuant to the

Juvenile Act, 42 Pa.C.S. § 6351.1 We affirm.

The trial court summarized the procedural and factual history in the

underlying order terminating parental rights as follows:

FINDINGS OF FACT

....

3. [X.L.A., born in September 2016,] came into the care of [LCCYS] on April 10, 2017 when Natural Father was taken into custody for a parole violation stemming from his use of cocaine. At that time [R.O.,] Natural Mother[,] was unavailable to care for [X.L.A.] because she was incarcerated at the Beaver County Jail and no other caregiver was available to care for [X.L.A.]. Natural Father has remained incarcerated since April 10, 2017, with a current max date of April 10, 2021. Natural Father indicated that a hearing scheduled for August 28, 2020 could result in an earlier max out date.

4. [X.L.A.] has been in the sole continuous custody of Lawrence County Children and Youth Services since April 10, 2017.

5. On April 24, 2017, [X.L.A.] was adjudicated dependent[;] the docket reflects that Natural Father was present at the hearing. This was [the] last hearing [that] Natural Father participated in until the termination hearing held on today’s date. Natural Mother did not appear at the hearing.

6. [X.L.A.] is currently placed in a pre-adoptive foster home where he is thriving.

10. Natural Father never signed a child permanency plan. Nevertheless, Father’s child permanency plan had six (6) goals: (1) cooperate with the Agency; (2) secure and maintain a stable, appropriate residence; (3) have a mental health evaluation and follow all recommended treatments; (4) have a drug and alcohol assessment and follow through with any recommended ____________________________________________

1 This Court consolidated the appeals sua sponte.

-2- J-S55008-20

treatments; (5) complete a parenting class; and (6) submit to Agency requests for drug screenings. The Agency admitted that the second, third, fourth and sixth goals were impossible for Natural Father to comply with while incarcerated and indicated that those four goals would apply upon [his] release from incarceration.

11. Natural Father’s progress as to the child permanency plan is as follows: (1) Natural Father had minimal communication with the Agency, the extent of his communication consisted of three letters and one phone call from an individual purporting to be Natural Father’s girlfriend. At best, Father has participated in two hearings during the life of this case, the adjudication hearing and the subject termination hearing; [goals (2) through (4) and goal (6) were only applicable upon Natural Father’s release from incarceration]; (5) Natural Father was on a waiting list for a parenting class for approximately a year but was moved to a new state correctional facility before he could begin the class[.]

12. Natural Father never requested visits with [X.L.A.] and the only time he contacted the Agency regarding the well-being of the child was around September 22, 2017[,] when he inquired as to whether [X.L.A.] had been moved. Natural Father failed to notify the Agency when he was transferred from SCI Camp Hill to SCI Mercer, which transfer happened in excess of a year ago. From the date of the Adjudication Hearing on April 24, 2017, Natural Father only sent [X.L.A.] one letter and possibly one card. Natural Father admitted he has made no attempts to contact [X.L.A.] since he was transferred to SCI Mercer.

13. [X.L.A.] was less than 7 months old when the [f]ather was arrested and [X.L.A.] was placed in the care of Lawrence County Children and Youth Services. [X.L.A.] is now 3 years 9 months of age and has been in what is now a pre-adoptive foster home for 3 years and 2 months. [X.L.A.] is thriving with this family and it is in the best interest of [X.L.A.] to remain with the foster parents.

Order, 6/29/20, at 1-3 (unnecessary capitalization omitted).

On February 24, 2020, LCCYS filed a petition for the involuntary

termination of parental rights of Father pursuant to 23 Pa.C.S. § 2511(a)(1),

-3- J-S55008-20

(5), (8), and (b).2 During the ensuing hearing, Father, represented by

counsel, participated via telephone from SCI-Mercer, and testified on his own

behalf. Child was represented by a legal interests counsel as well as a

guardian ad litem.3 Legal interests counsel offered no position as to

termination of Father’s parental rights, stating, “Your Honor, [X.L.A.] is only

three and a half years old and I was unable to ascertain what position he has

in this matter.” N.T., 6/24/20, at 53. The guardian ad litem argued in favor

of terminating Father’s parental rights. Id.

Subsequent to the hearing, the trial court entered the above-referenced

orders terminating Father’s parental rights, and changing X.L.A.’s permanent

placement goal to adoption. Father filed timely notices of appeal and concise

statements of errors complained of on appeal pursuant to Pa.R.A.P.

1925(a)(2)(i) and (b).

Father raises the following issues for our review:

1. Whether the lower court erred in finding that Lawrence County Children and Youth Services proved by clear and convincing evidence that sufficient grounds existed to terminate the parental rights of Natural Father[?] ____________________________________________

2 On June 29, 2020, the trial court confirmed Mother’s consent for voluntary termination of her parental rights. It also approved a post-adoption contact agreement, between Mother and the pre-adoptive foster parents, that permits Mother to visit X.L.A. twice per year. See N.T., 6/24/20, at 17.

3 See In re Adoption of L.B.M., 161 A.3d 172, 175, 180 (Pa. 2017) (pursuant to 23 Pa.C.S. § 2313(a), a child who is the subject of a contested involuntary termination proceeding has a statutory right to counsel who discerns and advocates for the child’s legal interests, defined as a child’s preferred outcome).

-4- J-S55008-20

2. Whether the lower court erred in not finding that Lawrence County Children and Youth Services failed to provide Natural Father with reasonable efforts to promote reunification with the minor child[?]

3.

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