Matter of Adoption of Stepp

641 A.2d 1213, 434 Pa. Super. 88, 1994 Pa. Super. LEXIS 1618
CourtSuperior Court of Pennsylvania
DecidedMay 23, 1994
Docket01295 and 01314
StatusPublished

This text of 641 A.2d 1213 (Matter of Adoption of Stepp) 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
Matter of Adoption of Stepp, 641 A.2d 1213, 434 Pa. Super. 88, 1994 Pa. Super. LEXIS 1618 (Pa. Ct. App. 1994).

Opinion

OLSZEWSKI, Judge:

Yvonne Stepp and Lee Roberts appeal the final decree terminating their parental rights to their natural children, Sheilia and Kathleen Stepp. Although they bring separate appeals from the trial court’s decree, the facts of both parents’ appeals are so intertwined that we may address them together. The trial court thoroughly recounted the parents’ history of involvement with the Erie County Office of Children and Youth Services (CYS) in the opinion accompanying its decree nisi of 7/13/93. Because terminating parental rights is the most drastic exercise of the state’s power to act in loco parentis, and because such decisions are extremely fact sensitive, we note with approval the care and detail of the trial court’s findings of fact. We adopt the trial court’s findings, but will briefly summarize them here.

Ms. Stepp and Mr. Roberts, who are not married, have had seven children together. The eldest child, Tiawana Stepp, was born in 1978; Sheilia and Kathleen were born in 1989 and 1992, respectively. CYS began its involvement with the family in 1983, investigating charges of abuse, neglect, and use of drugs and alcohol. All of the children have been adjudicated dependent, and all have spent time in foster care. Ms. Stepp’s and Mr. Roberts’ parental rights have already been terminated as to their sixth child, Andrew; Sheilia is number five and Kathleen number seven.

In 1990, Ms. Stepp was arrested for prescription fraud. Shortly after leaving the Erie County prison on parole, Ms. Stepp gave birth to Andrew, who tested positive for cocaine. *90 Ms. Stepp entered a drug rehabilitation program, but was dismissed for noncompliance. She repeatedly tested positive for cocaine. Less than a month after being re-incarcerated for this probation violation, Ms. Stepp gave birth to Kathleen, who also showed symptoms of cocaine exposure.

During Ms. Stepp’s incarceration and her attempts to participate in a drug rehabilitation program, Mr. Roberts cared for the children. The four youngest children were briefly placed in foster care while Mr. Roberts made plans to attend truck driving school in Ohio. These plans fizzled, however, and the eldest three of these four children were returned to Mr. Roberts’ care. Visits by CYS showed the children to be inadequately clothed and supervised. Mr. Roberts sometimes had Tiawana stay home from school to care for Sheilia while he “attended to business.” Mr. Roberts eventually moved out of the home, and all the children were placed in foster care.

Two hearings followed at which the six children, and then Kathleen upon her birth, were adjudicated dependent. Neither parent attended either hearing. Mr. Roberts did attend a later placement hearing at which he was ordered to undergo alcohol assessment and treatment. While uncooperative at first, Mr. Roberts now concedes that he has an alcohol problem, but does not consider it serious. Meanwhile, Ms. Stepp successfully completed a drug rehabilitation program. Ms. Stepp then suffered a miscarriage, which she claims caused her to resume her use of cocaine. She refused at least one urine screening, and her parole and probation were revoked. She is now apparently nearing the end of her 18-36 month sentence.

Just before her re-incarceration, Ms. Stepp failed to attend the March, 1993 hearing at which the court directed CYS to file a petition for involuntary termination of parental rights. Mr. Roberts was similarly absent, though both parents received notification. Evaluations of Sheilia and Kathleen showed them both to be developmentally delayed, and in need of physical, social, and/or language development therapy. Neither parent has demonstrated a willingness to provide for the special needs of Sheilia and Kathleen.

*91 Another hearing was held in July of 1993 on the termination petition which the parents did attend. The lower court acknowledged the parents’ sincere desire to regain custody of Sheilia and Kathleen and provide for their needs. The court, however, found clear and convincing evidence that both Sheilia and Kathleen had been removed from their parents’ care and placed with CYS for at least six months, and that the conditions which led to their removal continued to exist, and would not be remedied in a reasonable period of time, despite CYS’s efforts. Therefore, given the parents’ history of neglect and the children’s urgent need for a stable, developmentally appropriate environment, the court entered a decree nisi that Ms. Stepp’s and Mr. Roberts’ parental rights should be terminated pursuant to 23 Pa.C.S.A. § 2511(a)(5). Decree Nisi and Opinion, 7/13/93.

Mr. Roberts filed no exceptions to the decree nisi. Ms. Stepp filed one exception, contending only that the court erred in finding that she had missed more than one urine screening. The court accepted this correction, but since Ms. Stepp did not contest its other findings of fact, the court finalized its decree. Final Decree and Opinion, 7/22/93. These appeals followed.

In reviewing an involuntary termination of parental rights, we must review the record to determine whether the Orphans’ Court decree is supported by competent evidence. In re Matsock, 416 Pa.Super. 520, 611 A.2d 737, 742 (1992). We will not reverse the decision of the Orphans’ Court to terminate parental rights absent an abuse of discretion, error of law, or insufficient evidentiary support for the findings of the Orphans’ Court. In re Shives, 363 Pa.Super. 225, 228-29, 525 A.2d 801, 802 (1987).

In re C.E.H., 429 Pa.Super. 304, 307, 632 A.2d 577, 578-79 (1993). Finding no abuse of discretion, we affirm the lower court’s decision to terminate Ms. Stepp’s and Mr. Roberts’ parental rights to Sheilia and Kathleen.

On appeal, both parents argue that the termination decision was not supported by clear and convincing evidence. We disagree. CYS has been involved with Ms. Stepp’s and Mr. Roberts’ children for ten years. The lower court heard *92 extensive testimony on the history of CYS’s intervention, and the specific problems regarding Sheilia and Kathleen. The lower court has amply documented the basis for its termination decision, and our review of the record supports its conclusions.

Mr. Roberts also argues that he has not demonstrated a deliberate intent to relinquish his parental claim to Sheilia and Kathleen. Such a settled purpose is necessary to terminate parental rights under 23 Pa.C.S.A. § 2511(a)(1), but not under subsection (a)(5). The latter standard allows for termination of parental rights when

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Related

In Re Adoption by Shives
525 A.2d 801 (Supreme Court of Pennsylvania, 1987)
In Re the Involuntary Termination of Parental Rights of Matsock
611 A.2d 737 (Superior Court of Pennsylvania, 1992)
In re C.E.H.
632 A.2d 577 (Superior Court of Pennsylvania, 1993)

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Bluebook (online)
641 A.2d 1213, 434 Pa. Super. 88, 1994 Pa. Super. LEXIS 1618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-adoption-of-stepp-pasuperct-1994.