In the Interest of R.Z.T.

707 A.2d 1156, 1998 Pa. Super. LEXIS 37
CourtSuperior Court of Pennsylvania
DecidedFebruary 20, 1998
StatusPublished
Cited by4 cases

This text of 707 A.2d 1156 (In the Interest of R.Z.T.) 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 Interest of R.Z.T., 707 A.2d 1156, 1998 Pa. Super. LEXIS 37 (Pa. Ct. App. 1998).

Opinion

CIRILLO, President Judge Emeritus:

Romel Nesbit Tucker (“Tucker”) appeals the order entered in the Court of Common Pleas of Philadelphia involuntarily terminating his parental rights, 23 Pa.C.S.A. § 2512(a)(1). We vacate and remand.

R.Z.T., son of Appellant Romel Nesbit Tucker and Marsena Charlene Toney (Mother), was born on June 8, 1996. Prior to his birth, Mother met with adoption counselors at Adoption ARC, Inc. (ARC) to discuss her post-delivery options. Mother was seventeen at the time of R.Z.T.’s birth; she and Tucker had also parented another child who was in Mother’s care. After R.Z.T’s birth, Mother found that she was overburdened in caring for the two children. Although Tucker at[1157]*1157tempted to provide some childrearing help, he was incarcerated less than one month after R.Z.T.’s birth.

In addition to her inability to care for two children, Mother also lacked the financial resources to provide for both children. Tucker remitted to Mother one single payment of $200.00 for R.Z.T’s care. On July 18, 1996, Mother signed a form to place R.Z.T. up for adoption. Mother claimed that she informed Tucker, prior to her signing the adoption form, of her intent to have R.Z.T. adopted. Tucker failed to contact Mother after being told of her intention to place R.Z.T up for adoption; Tucker also failed to respond to ARC’s letter requesting that he sign a consent to adopt form. Tucker did, however, call ARC on December 2, 1996 to state that he did not consent to put the child up for adoption.

While he was incarcerated after R.Z.T’s birth, Tucker had access to a telephone and was permitted to make a number of calls to whomever he chose. Despite having been provided with ARC’s toll-free number, Tucker never again contacted ARC to discuss his concern over Mother’s adoption plans for R.Z.T. Following Mother’s signing of the consent to adopt form, ARC placed R.Z.T. into a temporary home; he was eventually moved to an adoptive home during the pendency of the parental termination proceedings. The court appointed legal counsel to represent Tucker in his challenge to the termination proceedings. Despite his efforts, the trial court found that there was clear and convincing evidence to involuntarily terminate Tucker’s parental rights. He now appeals this decision and presents the following issues for our consideration:

(1) Whether appellant’s due process rights under the Fourteenth Amendment were violated when the trial court permitted the transfer of the child to foster/pre-adoptive parents in Canada without notice to father or opportunity to be heard before father’s parental rights were terminated?
(2) Whether the court committed reversible error when it determined that ARC had performed all necessary duties as an adoption agency?
(3) Whether the judge committed reversible error in finding that appellant had evidenced a settled purpose of relinquishing his parental claim to the child or had refused or failed to perform parental duties?
(4) Whether the judge committed reversible error in allowing testimony concerning the existence of other children of appellant?
(5) Whether the judge committed reversible error in allowing testimony concerning the juvenile record of the appellant?
(6) Whether the judge committed reversible error in allowing unsubstantiated evidence from a former employee of ARC concerning the practices of the agency with regard to other incarcerated parents who objected to the adoption of their children?

In cases of involuntary termination of parental rights, the standard of appellate review is limited to the determination of whether the decree is supported by clear and competent evidence. Adoption of M.S., 445 Pa.Super. 177, 664 A.2d 1370 (1995); In the Matter of K.L.P., 354 Pa.Super. 241, 511 A.2d 852 (1986); see also In re Adoption of James J., 332 Pa.Super. 486, 503-507, 481 A.2d 892, 901-903 (1984) (Cirillo, J., dissenting). Absent an abuse of discretion, error of law, or insufficient evidentiary support for the findings of the trial court, we will not reverse a court’s decision to involuntarily terminate parental rights. In re V.E. and J.E., 417 Pa.Super. 68, 611 A.2d 1267 (1992).

Pennsylvania Rule of Civil Procedure 1517 provides that in equity actions a court must make an adjudication which should include a statement of the issues, findings of fact, a discussion of the question of law involved, the court’s conclusion of law, and a decree nisi. Pa.R.C.P. 1517. The rule further states that the adjudication may be made orally in open court if it is later transcribed and filed with the prothonotary, or it may be made in writing and filed. Id. Thereafter, a party may file a motion for post-trial relief within ten days of the filing of the adjudication or de[1158]*1158cree nisi Pa.R.C.P. 227.1. “The filing of the motion for post-trial relief after the entry of the adjudication or decree nisi allows the court an opportunity to correct any errors that it may have made prior to the entry of the final decree.” In re Adoption of C.R.V, 408 Pa.Super. 386, 596 A.2d 1141, 1142 (1991), citing In re Involuntary Termination of Parental Rights to B.M.D., 487 Pa. 387, 409 A.2d 404 (1979). The filing of post trial motions also aides in providing an adequate record on appeal. Id.

Presently, the trial court entered an order stating, in part, that Tucker’s parental rights were involuntarily terminated with regard to R.Z.T. The court also filed an opinion including findings of fact, conclusions of law, and an ad seriatim discussion of the questions involved and the court’s conclusions thereto. Although these factors are in compliance with Rule 1517, the court failed to enter an adjudication or decree nisi after the hearing on the petition for involuntary termination of parental rights. Instead, the court entered, as is evidenced on the docket, what appears to be a final order of May 20, 1997. Since no decree nisi was entered, appellant filed a direct appeal to this court instead of filing post-trial motions. In re Adoption of C.R.V., supra.

A similar procedural posture was presented in In re Adoption of Hamilton, 362 Pa.Super. 249, 523 A.2d 1176 (1987). In In re Hamilton, this court vacated a decree involuntarily terminating appellant’s parental rights because no decree nisi was entered and because no post-trial motions were filed. Id. at 254-255, 523 A.2d at 1179.

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707 A.2d 1156, 1998 Pa. Super. LEXIS 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-rzt-pasuperct-1998.