Term. of Par. Rights to T.L.C., Appeal of: H.R.C.

199 A.3d 1270
CourtSuperior Court of Pennsylvania
DecidedNovember 30, 2018
Docket1026 MDA 2018; 1027 MDA 2018; 1028 MDA 2018
StatusPublished
Cited by5 cases

This text of 199 A.3d 1270 (Term. of Par. Rights to T.L.C., Appeal of: H.R.C.) 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
Term. of Par. Rights to T.L.C., Appeal of: H.R.C., 199 A.3d 1270 (Pa. Ct. App. 2018).

Opinion

OPINION BY STABILE, J.:

*1273 H.R.C., Jr. ("Father"), appeals from the decree entered May 23, 2018, which terminated involuntarily his parental rights to his minor children, T.L.C., a female born in January 2001, M.S.C., a female born in October 2003, and D.R.C., a male born in January 2006 (collectively, "the Children"). 1 After careful review, we vacate as to M.S.C., affirm as to T.L.C. and D.R.C., and remand for further proceedings consistent with this Opinion.

The record reveals that the Lancaster County Children and Youth Social Service Agency ("the Agency" or "Petitioner") has a lengthy history of involvement with this family dating back to 2001. Petitioner's Exhibit 2 (Business and Summary Testimony) at 1. Beginning in July 2014, the Agency received numerous reports alleging severe mental health concerns for T.L.C., including suicidal ideation and an apparent suicide attempt. Id. at 2-3. According to the reports, Father and Mother were failing to obtain appropriate treatment for T.L.C., and Mother was engaging in drug use. Id. On July 14, 2016, and July 20, 2016, the Agency received reports alleging domestic violence concerns between Father and Mother. Id. at 3-4. The Agency received an additional report on July 25, 2016, alleging that Father and Mother had been arrested and released on bail following a domestic violence incident. Id. at 4. The Agency implemented a safety plan, pursuant to which the Children were to have no contact with Father and Mother for a period of no more than sixty days. Id. However, on July 27, 2016, the Agency received a report that the Children's caregiver under the safety plan was refusing to care for T.L.C. due to the child's ongoing marijuana use. Id. In addition, the Agency received reports that Father was contacting the Children via text messages in violation of the safety plan and that T.L.C. had returned to Father's home where Mother was also residing. Id. The Agency requested and obtained temporary custody of the Children on July 27, 2016. Id. ; Notes of Testimony ("N.T."), 5/22/18, at 82. The juvenile court adjudicated the Children dependent on September 15, 2016. Petitioner's Exhibit 2 at 4; N.T., 5/22/18, at 82-83. On November 16, 2017, the court changed the Children's permanent placement goals from reunification to placement with a permanent legal custodian.

On March 6, 2018, the Agency filed a petition to terminate Father's parental rights to the Children involuntarily. The orphans' court conducted a termination hearing on May 22, 2018. At the conclusion of the hearing, the court announced its intention to terminate Father's rights. On May 23, 2018, the court entered a decree memorializing its decision. Father timely filed notices of appeal on June 20, 2018, along with concise statements of errors complained of on appeal.

*1274 Father now presents the following questions for our review.

I. Whether the [orphans' c]ourt erred when it terminated Father's rights?
II. Whether the [orphans' c]ourt erred in finding that terminating Father's parental rights would best serve the needs and welfare of the [C]hildren?

Father's Brief at 4.

We review Father's claims mindful of the following standard of review.

The standard of review in termination of parental rights cases requires appellate courts to accept the findings of fact and credibility determinations of the trial court if they are supported by the record. If the factual findings are supported, appellate courts review to determine if the trial court made an error of law or abused its discretion. A decision may be reversed for an abuse of discretion only upon demonstration of manifest unreasonableness, partiality, prejudice, bias, or ill-will. The trial court's decision, however, should not be reversed merely because the record would support a different result. We have previously emphasized our deference to trial courts that often have first-hand observations of the parties spanning multiple hearings.

In re T.S.M. , 620 Pa. 602 , 71 A.3d 251 , 267 (2013) (citations and quotation marks omitted).

Before reviewing the merits of Father's appeal, we address sua sponte the Children's right to legal counsel. See In re Adoption of T.M.L.M. , 184 A.3d 585 , 588 (Pa. Super. 2018) (raising sua sponte the child's right to legal counsel "as children are unable to raise the issue on their own behalf due to their minority.").

The Children's right to counsel derives from the Adoption Act, which requires that children receive counsel in all contested involuntarily termination proceedings.

(a) Child.-- The court shall appoint counsel to represent the child in an involuntary termination proceeding when the proceeding is being contested by one or both of the parents. The court may appoint counsel or a guardian ad litem to represent any child who has not reached the age of 18 years and is subject to any other proceeding under this part whenever it is in the best interests of the child. No attorney or law firm shall represent both the child and the adopting parent or parents.

23 Pa.C.S.A. § 2313(a).

Our Supreme Court has explained that the term "counsel" in Section 2313(a) refers to an attorney directed by the child who represents his or her legal interests. In re Adoption of L.B.M. , 639 Pa. 428 , 161 A.3d 172 , 180 (2017). A child's legal interests are distinct from his or her best interests. Id. at 174 .

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Cite This Page — Counsel Stack

Bluebook (online)
199 A.3d 1270, Counsel Stack Legal Research, https://law.counselstack.com/opinion/term-of-par-rights-to-tlc-appeal-of-hrc-pasuperct-2018.