Pennsylvania Court Case: In re Parental Rights

IN RE: INVOLUNTARY TERMINATION OF PARENTAL RIGHTS CONCERNING E.F.H. APPEAL OF: L.V.H.M., MOTHER 

No. 2452 EDA 1999 

SUPERIOR COURT OF PENNSYLVANIA 

2000 PA Super 139; 751 A.2d 1186 

March 23, 2000, Argued 

May 3, 2000, Filed 

Appeal from the Order Entered July 9, 1999, In the Court of Common Pleas, Bucks County, Orphans Division, at No. 9793. Before SOKOLOVE, J. 

Order vacated; appeal remanded. Jurisdiction is relinquished. 

COUNSEL:
Alfred Marroletti, Philadelphia, for appellant.

Tina Mazaheri, Doylestown, for appellee. 

JUDGES:
Before POPOVICH, TODD and BROSKY, JJ. 

BROSKY, J.
Appellant L.V.H.M. is the natural mother of a child, E.F.H., who sought an involuntary termination of the parental rights of the child's natural father, T.A.H., so that L.V.H.M.'s husband, G.L.M., could adopt the child. The trial court dismissed the petition for adoption, including the involuntary termination request. The trial court found that the petitioners, L.V.H.M. and G.L.M., met their burden of proof to show that the respondent had failed to perform parental duties under 23 Pa.C.S.A. § 2511(a)(1). However, considering 23 Pa.C.S.A. § 2511(b), the trial court found that the evidence was not clear and convincing that the termination of T.A.H.'s parental rights and the child's adoption by her stepfather would promote her needs and welfare, especially her emotional well being. n1

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n1 The statute concerning involuntary termination is found at 23 Pa.C.S.A. § 2511, and provides in pertinent part:

(a) General rule.--The rights of a parent in regard to a child may be terminated after a petition filed on any of the following grounds:

(1) The parent by conduct continuing for a period of at least six months immediately preceding the filing of the petition either has evidenced a settled purpose of relinquishing parental claim to a child or has refused or failed to perform parental duties.

. . .

(b) Other considerations. - The court in terminating the rights of a parent shall give primary consideration to the developmental, physical and emotional needs and welfare of the child. The rights of a parent shall not be terminated solely on the basis of environmental factors such as inadequate housing, furnishings, income, clothing and medical care if found to be beyond the control of the parent. With respect to any petition filed pursuant to subsection (a)(1) . . ., the court shall not consider any efforts by the parent to remedy the conditions described therein which are first initiated subsequent to the giving of notice of the filing of the petition.

. . . 

23 Pa.C.S.A. § 2511.

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