In the Interest of Coast

561 A.2d 762, 385 Pa. Super. 450, 1989 Pa. Super. LEXIS 1990
CourtSupreme Court of Pennsylvania
DecidedJune 27, 1989
Docket698 and 699
StatusPublished
Cited by72 cases

This text of 561 A.2d 762 (In the Interest of Coast) 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 Interest of Coast, 561 A.2d 762, 385 Pa. Super. 450, 1989 Pa. Super. LEXIS 1990 (Pa. 1989).

Opinions

JOHNSON, Judge:

This is an appeal from the final decree terminating the parental rights of appellants James R. Coast and Sara Jane Coast and the final decree denying the Coasts visitation with their two children, Ronald James Coast, born February 23, 1973, and Melissa Jane Coast, born November 21, 1974. We are asked to decide whether a “best interests of the child” balancing test is appropriate in a termination proceeding, and, if it is not, whether the trial court erroneously applied such a test. In addition, the Coasts challenge whether the record supports the trial court’s conclusion on both the termination and the visitation issues. Finding that [454]*454the trial court did not apply a “best interests” standard, which would have been inappropriate for this determination of whether the parents were unable or unwilling to provide for the children’s needs and welfare, and finding that the record supports the trial court’s decision to terminate parental rights and the trial court’s previous decision to deny visitation, we affirm.

I.

The root of the disruption of the Coast family home is the alcohol problem of both parents. This has led to the Coasts’ abdication of their parental roles; they have ceased to provide for their children both physically and emotionally. Ronnie is retarded and requires special care. Melissa has had pervasive emotional problems because her parents have neglected her. Originally the Coasts lived in Butler County, where, as early as 1979, Children and Youth Services (CYS) had received reports from the police regarding the couple’s marital disputes. Butler County CYS removed the children for a 16 month period, until the spring of 1981, due to unsatisfactory home conditions. The children were again removed for a four-month period in 1981-82 upon a finding that the condition of the home was unsanitary, and that the parents were walking out on each other and leaving the children unsupervised.

The family then relocated to Lawrence County, where in April of 1984 CYS was notified by the school district in which the children were enrolled that their attendance was extremely poor. Upon investigation, the children were found at home unsupervised. CYS again determined that the home was unsuitable, and the children were removed, placed into foster homes and were adjudicated dependent pursuant to the Juvenile Act, 42 Pa.C.S. §§ 63021 and 6341(c) on April 23, 1984. The children had structured [455]*455visits with their parents until March 13, 1986, when it was determined that the visits upset the children to the extent that their behavior regressed for weeks afterward. On this date CYS filed a petition to terminate the Coasts’ parental rights, and all visitation was halted. Hearings on the petition were held on July 16 and December 28, 1986. The children were represented throughout the proceedings by their own counsel.

The Coasts began treatment for their alcoholism at the Irene Stacy Health Center in Butler in 1985; they had been in treatment for eighteen months at the time of the termination hearing. At the termination hearing the court heard conflicting testimony; the Coasts’ therapist testified that the couple told him that they had not been drinking, and yet Melissa testified that she smelled alcohol on her mother’s breath during a visit within this period. Following Melissa’s testimony, the court conducted an in camera examination of Melissa, with all counsel present. Melissa testified that she was afraid to return to her parents because she feared that they would resume their former drinking habits and would again neglect her. The psychologist for the Human Services Center, who had conducted a parenting evaluation of the Coasts, testified that the Coasts had made little progress since 1979 when the children were first taken from them and that therefore his prognosis was guarded concerning whether the Coasts could care for the children in the future.

Also testifying was Christine Kidd, the 19-year-old daughter of Mrs. Coast. Christine testified at the first hearing that her parents had made considerable progress and had stopped drinking. However, after that hearing but before the trial court reached a decision, Christine repudiated her testimony. Therefore, upon petition by CYS, the court ordered another hearing, which was held on December 23,1986. At this second hearing Christine testified that her parents were having considerable trouble managing their household, which now included Mrs. Coast’s 17-year-old daughter Cindy, who had also been in foster care but [456]*456had been returned to the Coast’s home, and two infant children of Sarah Coast’s oldest daughter, Mary Ann. Christine testified that, because of her mother’s neglect of Cindy, she now felt the need to take responsibility for her sister, to transport her to school and to buy her clothes and personal items. She also expressed doubts about whether her parents had, in fact, stopped drinking, because she had often seen them walking home late at night from the area of a bar and had noticed visitors bringing alcohol into their home. The court also heard extensive testimony from several social workers and counselors who had been involved with the Coast family case over long periods of time. The court found that the implication of this testimony was that conditions in the Coast home were unlikely to change. On that same day, December 23, 1986, the court denied the Coasts visitation.

On July 31, 1987 the Honorable Glenn McCracken, Jr. filed the Adjudication and Decree Nisi terminating the Coasts’ parental rights. The decree incorporated the prior denial of visitation on the grounds that visitation presented a clear and present danger to the welfare of the children. The decree also provided for custody to remain with CYS, which had placed the children with the foster families that now seek to adopt the children. On August 10, 1987, the Coasts filed separate petitions asking the court to reverse its decision on visitation and on termination. In his opinion accompanying the denial of the petition to reverse the denial of visitation, Judge McCracken outlined the facts that led him to conclude that both children were terrified of their parents and that they both visibly regressed for a time after the visits. Melissa had, in fact, told the social worker, at the time of the visitation hearing when she was 13 years of age, that she did not want to return to her parents. The court also noted that, although both parents and their counsel were present at the hearing, no evidence was offered in their favor.

Again on November 12, 1987 the Coasts filed a motion to modify and reverse the visitation decision, which was de[457]*457nied. Following this, the Coasts filed Exceptions to the court order denying visitation. The exceptions were dismissed by the trial court on April 6, 1988. Notice of appeal to this court was filed on May 5, 1988 from the termination of parental rights and on May 16, 1988 from the denial of visitation. On June 10th, 1988 this Court ordered the entering of a final decree in both actions, which were entered on June 28, 1988. A panel of this court decided the case in an Opinion filed on December 15, 1988 that was subsequently withdrawn. Because other cases from this Court refer to “the child’s best interests” when reviewing an order terminating parental rights, the panel certified these appeals to the Court en banc to allow us to determine the role, if any, of the “best interests” balancing analysis in a termination of parental rights proceeding.

II.

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Bluebook (online)
561 A.2d 762, 385 Pa. Super. 450, 1989 Pa. Super. LEXIS 1990, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-coast-pa-1989.