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IN RE ADOPTION OF J.M
Summary of Opinion: In re: Adoption of J.M., No. 228 WDA 2009 (Pa. Super. Ct. Mar. 5, 2010)
Factual and Procedural Background
J.M. was born May 28, 2006. Her natural parents are J.A.M. ("Mother") and J.D. ("Father"). Mother and Father never married and did not cohabit during the child's life. Father had, at most, transitory contact with the child. On May 15, 2008, Mother and A.M. ("Maternal Grandfather") filed a petition under 23 Pa.C.S. § 2511 to involuntarily terminate Father's parental rights so that Maternal Grandfather could adopt J.M.; the child had never lived with Maternal Grandfather.
A hearing was scheduled and, following appointment of counsel for the child and a continuance, the termination hearing was held on September 9, 2008. The trial court entered findings of fact, a memorandum opinion, conclusions of law, and an order on December 22, 2008, denying the petition to involuntarily terminate Father's parental rights. Mother filed a timely notice of appeal (January 21, 2009) and a concise statement of errors (February 12, 2009). The Superior Court issued the present opinion (by Judge Bender) reversing in part and remanding with instructions.
Legal Issues Presented
- Whether the trial court's conclusion that termination of Father's parental rights did not serve the best interests of the minor child was supported by competent evidence (i.e., whether denial of the petition as to 23 Pa.C.S. § 2511(b) was supported by competent evidence).
Arguments of the Parties
Mother's (Appellant's) Arguments
- Mother contends she presented clear and convincing evidence that no parental bond exists between Father and J.M., given Father's minimal contact and failure to perform parental duties.
- Mother argues Father's present expressions of desire to bond are speculative and cannot outweigh the child's need for permanence and stability; thus terminating Father's rights is in the child's best interests under § 2511(b).
Father's (Respondent's) Position as Reflected in the Record
- Father testified he desires and is willing to assume an active parental role and the trial court found his testimony sincere and credible.
- The trial court relied on that testimony in concluding termination was not in the child's best interests, focusing on Father's present credibility and claimed changed willingness to parent.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| In re Z.S.W., 946 A.2d 726 (Pa. Super. 2008) | Standard of review: appellate review limited to whether the trial court's order is supported by competent evidence. | The court invoked Z.S.W. to frame its review as limited to whether competent evidence supports the trial court's decision. |
| In re S.H., 879 A.2d 802 (Pa. Super. 2005) | Explains deference to trial court, breadth of review, and burden on petitioning party to prove grounds by clear and convincing evidence. | The court relied on S.H. to explain deference afforded to trial courts and the clear-and-convincing burden on the petitioner. |
| In re J.L.C., 837 A.2d 1247 (Pa. Super. 2003) | Definition and description of the clear-and-convincing evidence standard. | Used to define the evidentiary standard required to terminate parental rights. |
| In re L.M., 923 A.2d 505 (Pa. Super. 2007) | Two-part test under § 2511: first prove statutory grounds under § 2511(a), then address child's needs and welfare under § 2511(b), including bond analysis. | The court applied L.M. to structure its analysis: (a) the trial court conceded § 2511(a)(1) was met, so the appeal focused on § 2511(b). |
| In re C.M.S., 884 A.2d 1284 (Pa. Super. 2005) | § 2511(b) inquiry involves intangibles (love, comfort, security, stability) and assessment of parent-child bond. | The court cited C.M.S. to emphasize the nature of the § 2511(b) inquiry and the bond-focused analysis. |
| In re K.Z.S., 946 A.2d 753 (Pa. Super. 2008) | Where there is no evidence of a parent-child bond, it is reasonable to infer none exists; extent of bond analysis depends on case circumstances. | The court relied on K.Z.S. to support the inference that no bond existed between Father and child given the evidentiary record. |
| In re Adoption of R.J.S., 901 A.2d 502 (Pa. Super. 2006) | A court will not subordinate a child's need for permanence and stability indefinitely to a parent's claims of future progress; caution against speculative delay. | The court invoked R.J.S. to reject speculative reliance on Father's future bonding and to prioritize the child's need for permanence. |
| In re Adoption of K.M.W., 718 A.2d 332 (Pa. Super. 1998) | Under § 2903, a third-party adoption by a grandparent is constrained where a natural parent intends to retain rights; the statute envisions adoption by a spouse of the parent retaining rights. | The court cited K.M.W. when discussing statutory limits on non-spousal adoptions and historical restrictions under the Adoption Act. |
| In re R.B.F., 803 A.2d 1195 (Pa. 2002) | Interprets § 2901: permits petitioners (including non-spouses) to show cause why an adoption should proceed without termination of a natural parent's rights; trial court should allow showing of cause. | The court applied R.B.F. to conclude that, even though R.B.F. involved same-sex partners, its "show cause" principle applies here and remanded for Mother to show cause under § 2901. |
| In re Carroll's Estate, 68 A. 1038 (Pa. 1908) | Adoption in Pennsylvania is statutory in nature (no common-law roots). | The court cited Carroll's Estate to support the point that adoption is governed strictly by statute and must be complied with and strictly construed. |
| In re Adoption of D., 769 A.2d 508 (Pa. Super. 2001) | Reinforces the statutory, rather than common-law, nature of adoption in Pennsylvania. | Used to support the proposition that adoption must follow the Act's provisions. |
| In re Adoption of Gunther, 206 A.2d 61 (Pa. 1965) | Adoption Act provisions must be complied with and strictly construed. | Cited to support strict construction and compliance with the Adoption Act's provisions in adoption proceedings. |
Court's Reasoning and Analysis
The Superior Court began with the applicable standards: appellate review is limited to whether the trial court's order is supported by competent evidence and the petitioner must prove statutory grounds by clear and convincing evidence. The court applied the two-part § 2511 framework from L.M.: first determine whether statutory grounds under § 2511(a) exist, and, if so, address the child's needs and welfare under § 2511(b), with particular attention to any parent-child bond.
The trial court had conceded that § 2511(a)(1) was satisfied (Father had evidenced a settled purpose of relinquishing parental claim or failed to perform parental duties). The dispute on appeal therefore concerned § 2511(b), i.e., whether terminating Father's parental rights would best serve J.M.'s developmental, physical, and emotional needs and welfare.
The Superior Court reviewed the evidentiary record: Mother's testimony showed that J.M. did not know Father and feared him as a stranger; Father had ended his relationship with Mother early, failed to respond when informed of the child's birth, missed scheduled visits and the child's baptism, and had only minimal contact (one birthday card and a single one-hour visit). Maternal Grandfather, by contrast, provided daily support, cared for J.M. frequently, performed parental duties, provided financially, and testified he would adopt and continue providing for the child.
Applying K.Z.S. and C.M.S., the court concluded that the record supports the inference that no parent-child bond existed between Father and J.M.; if any paternal-type bond existed it was with Maternal Grandfather. The court rejected the trial court's reliance on Father's credible testimony of future willingness to parent because § 2511(b) requires evaluation of the present effect of severing any existing bond rather than speculation about possible future bonding. The court relied on R.J.S. to emphasize that a child's need for permanence and stability cannot be subordinated indefinitely to a parent's speculative prospects for future improvement.
Having found clear and convincing evidence that termination was warranted under § 2511(a)(1) and that termination would best serve the child's needs under § 2511(b), the Superior Court reversed the decree to the extent it refused to order termination of Father's parental rights. Because adoption in Pennsylvania is governed strictly by statute, and because the trial court did not directly consider whether Mother could "show cause" under § 2901 to permit the proposed adoption to proceed, the Superior Court remanded for the trial court to permit Mother to show cause pursuant to § 2901 (invoking the Supreme Court's approach in R.B.F.).
Holding and Implications
Holding: The Superior Court reversed the trial court's decree denying the petition to involuntarily terminate Father's parental rights (to the extent the decree refused to order termination).
Direct implications:
- The Superior Court concluded that the statutory grounds for involuntary termination under 23 Pa.C.S. § 2511(a)(1) were established by clear and convincing evidence and that terminating Father's parental rights would best serve J.M.'s developmental, physical, and emotional needs under § 2511(b).
- The matter was remanded to the trial court to permit Mother to show cause pursuant to section 2901 of the Adoption Act why the proposed adoption by Maternal Grandfather should proceed (consistent with the Supreme Court's guidance in In re R.B.F.).
- The Superior Court did not purport to create new law; it applied established precedents and statutory construction to the record and remanded for the specified further proceedings. The opinion returns jurisdiction to the trial court for further action consistent with this decision.
Disposition: Decree reversed in part; matter remanded for further proceedings. Jurisdiction relinquished.
OPINION BY BENDER, J.:
¶ 1 J.A.M. ("Mother") appeals from the decree entered on December 22, 2008, wherein the trial court denied her petition to involuntarily terminate J.D.'s ("Father") parental rights to their daughter, J.M., pursuant to the Adoption Act, 23 Pa.C.S. § 2511. We reverse the decree and remand with instructions.
¶ 2 The trial court succinctly summarized the relevant facts and procedural history as follows:
[Mother] and [Father] are the natural parents of [J.M.], age 2, born May 28, 2006. [A.M. ("Maternal Grandfather")] is the maternal grandfather of the child. [Mother] and [Father] never married and did not co-habit during any period of their daughter's life and [Father] had at best transitory contact with the child. After an extended period of [Father's] marginal involvement, on May 15, 2008, [Mother and Maternal Grandfather] filed a petition pursuant to 23 Pa.C.S.A. [§ ] 251[1] seeking to involuntarily terminate [Father's] parental rights under the auspices of having the child adopted by [Maternal Grandfather], with whom the child . . . has never lived.
. . . .
After the May 15, 2008 filing of the involuntary termination petition, a hearing on the petition was scheduled on July 15, 2008, and Attorney Nathaniel Schmidt was appointed by the Court to represent the interests of the child by Order dated May 21, 2008. On July 15, 2008, Attorney Damion J. Beaver entered his appearance on behalf of [Father] and orally moved the Court to continue the hearing that date. Given the interests involved, the Court granted the motion and continued the hearing to September 9. 2008. Following the hearing . . ., counsel were granted the opportunity to submit proposed findings and legal memorandums to the Court, after the receipt of which the Court entered its findings of fact, memorandum opinion, conclusions of law and Order of Court on December 22, 2008, by which the petition was denied.
Appellants filed a timely notice of appeal on January 21, 2009, and a timely concise statement of errors complained [of on appeal] on February 12, 2009, incident to a Pa.R.A.P. 1925(b) order issued by the Court on January 22, 2009. The transcript of the September 9, 2008 hearing was then filed of record on March 12, 2009.
Trial Court Opinion ("T.C.O."), 4/6/09, at 1-2.
¶ 3 On appeal, Mother raises one question for our review: "Whether the trial court's conclusion[,] that the termination of Father's parental rights did not serve the best interests of the minor child[,] was supported by competent evidence?" Mother's brief at 4.
¶ 4 Our standard of review regarding orders involving the involuntary termination of parental rights is limited to the determination of whether the trial court's order is supported by competent evidence. In re Z.S.W., 946 A.2d 726, 728 (Pa. Super. 2008). We have explained this consideration as follows:
Absent an abuse of discretion, an error of law, or insufficient evidentiary support for the trial court's decision, the decree must stand. Where a trial court has granted a petition to involuntarily terminate parental rights, this Court must accord the hearing judge's decision the same deference that we would give to a jury verdict. We must employ a broad, comprehensive review of the record in order to determine whether the trial court's decision is supported by competent evidence.In re S.H., 879 A.2d 802, 805 (Pa. Super. 2005). In such cases, the burden is upon the petitioning party to prove by clear and convincing evidence that the asserted grounds for seeking the termination of parental rights are valid.
¶ 5 We have previously stated:
The standard of clear and convincing evidence is defined as testimony that is so "clear, direct, weighty and convincing as to enable the trier of fact to come to a clear conviction, without hesitance, of the truth of the precise facts in issue." It is well established that a court must examine the individual circumstances of each and every case and consider all explanations offered by the parent to determine if the evidence in light of the totality of the circumstances clearly warrants termination.In re J.L.C., 837 A.2d 1247, 1251 (Pa. Super. 2003).
¶ 6 Requests to terminate a biological parent's parental rights are governed by 23 Pa.C.S. § 2511. Herein, Mother sought to terminate Father's parental rights pursuant to 23 Pa.C.S. § 2511(a)(1) and (b), which provide in pertinent part as follows:
§ 2511. Grounds for involuntary termination
(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), (6) or (8), 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.
¶ 7 This Court applies a two-part test for termination of parental rights. In In re L.M., 923 A.2d 505, 511 (Pa. Super. 2007), we stated:
Initially, the focus is on the conduct of the parent. The party seeking termination must prove by clear and convincing evidence that the parent's conduct satisfies the statutory grounds for termination delineated in Section 2511(a). Only if the court determines that the parent's conduct warrants termination of his or her parental rights does the court engage in the second part of the analysis pursuant to Section 2511(b): determination of the needs and welfare of the child under the standard of best interests of the child. One major aspect of the needs and welfare analysis concerns the nature and status of the emotional bond between parent and child, with close attention paid to the effect on the child of permanently severing any such bond.
¶ 8 In denying Mother's petition, the trial court conceded that Mother established the statutory grounds to involuntary terminate Father's parental rights pursuant to subsection 2511(a)(1); however, it did not believe that termination was in J.M.'s best interest pursuant to subsection 2511(b). The trial court reasoned that Mother did not present clear and convincing evidence that terminating Father's parental rights, in order to facilitate J.M.'s intended adoption by Maternal Grandfather, was in the child's best interest. As the statutory grounds are conceded as to subsection (a), Mother's appeal implicates only the trial court's needs and welfare analysis.
¶ 9 Subsection 2511(b) focuses on whether termination of parental rights would best serve the developmental, physical, and emotional needs and welfare of the child. In In re C.M.S., 884 A.2d 1284, 1287 (Pa. Super. 2005), this Court stated, "Intangibles such as love, comfort, security, and stability are involved in the inquiry into the needs and welfare of the child." In addition, we instructed that the trial court must also discern the nature and status of the parent-child bond, with utmost attention to the effect on the child of permanently severing that bond. Id. However, in cases where there is no evidence of a bond between a parent and child, it is reasonable to infer that no bond exists. In re K.Z.S., 946 A.2d 753, 762-63 (Pa. Super. 2008). Accordingly, the extent of the bond-effect analysis necessarily depends on the circumstances of the particular case. Id. at 63.
¶ 10 The crux of Mother's complaint is that, contrary to the trial court's conclusion, the competent evidence of record warrants the involuntary termination of Father's parental rights. Mother argues that she presented clear and convincing evidence that no bond exists between Father and his then two-year-old child, and that Father's stated desire to bond with J.M. in the future is at best speculative. Upon our thorough review of the record, we agree with both contentions.
¶ 11 During the evidentiary hearing, Mother testified that J.M. does not know Father and the child fears him as she would fear any other stranger. N.T., 9/9/08, at 89. Father ended his relationship with Mother soon after she discovered her pregnancy. Id at 36-37. When Mother contacted Father to advise him of the child's birth, he hung up the telephone. Id. at 6. Although Mother arranged for Father to visit with J.M., Father failed to appear three different times. Id. at 7-9. Likewise, Father failed to attend the child's baptism. Id. at 11. Indeed, Father's total interaction with J.M. consists of one birthday card and a single one-hour visit with the child that occurred in a Wal-Mart parking lot during November of 2007, when the child was eighteen months old. Id. at 12, 14, 65. Similarly, Mother testified that prior to the date she filed the petition to involuntarily terminate Father's rights, he never sent J.M. any gifts nor contacted Mother to inquire of the child's needs and welfare. Id. at 16. Mother further explained that Father's extended absence from J.M.'s life confused the child, who has no idea who her father is. Id. at 33-34.
¶ 12 In contrast to Father's unmitigated parental inaction, Maternal Grandfather is J.M.'s de facto parent. Mother testified that Maternal Grandfather provides daily support for J.M., and he has performed the parental duties of a Father since the child's birth. Id. at 23-24. Similarly, Maternal Grandfather testified that he interacts with J.M. for two to four hours every weekday and interacts with the child more on weekends. Id. at 40. He spends as much time with the child as possible, he loves her, and his primary concern is her well being. Id. at 43-44. When Maternal Grandfather is working, his wife cares for J.M. in Maternal Grandfather's home. Id. at 47. Maternal Grandfather also provides for the child financially, and he testified that he would be able to continue to provide for her if he were permitted to proceed to adoption. Id. at 42, 43. He firmly believes that J.M. needs the support of a father figure, and he desires to fill the void created by Father's inaction. Id. at 42, 44.
¶ 13 The foregoing testimony demonstrates that no bond exists between Father and J.M. If a father-daughter bond exists in this case, it is between J.M. and Maternal Grandfather. Hence, terminating Father's parental rights would not harm the child's developmental, physical, and emotional needs and welfare.
¶ 14 Recognizing the lack of a parent-child bond between Father and J.M., the trial court focused its needs and welfare analysis on Father's stated hope to form a bond with the child in the future. Specifically, the trial court found "[Father's] testimony regarding his desire and willingness to assume an active role as the child's parent to be sincere and credible." T.C.O., 4/6/09, at 3. The trial court reasoned that this Court must defer to the findings of the trial judge on issues of credibility, and highlighted Father's testimony concerning his newfound ability and desire to satisfy his parental obligations. Id. (citing N.T., 9/9/08, at 53, 54, 71). While we agree with the trial court's statement concerning the deference appellate courts grant to a trial court's credibility determination, Father's credibility is not at issue in this case. Rather, the issue is Father's continued failure to perform his parental duties. Father's promise to be a better parent in the future, though believed by the trial court to be sincere, does not change the facts that (1) no bond presently exists between Father and J.M. and (2) Father's parenting failures have had a detrimental effect upon J.M.'s developmental and emotional needs and welfare.
¶ 15 Section 2511(b) requires the trial court to determine what effect breaking an existing parent-child bond will have on the child currently, not speculating whether a bond may be formed in the future. As a panel of this Court noted: "The court cannot and will not subordinate indefinitely a child's need for permanence and stability to a parent's claims of progress and hope for the future." In re Adoption of R.J.S., 901 A.2d 502, 513 (Pa. Super. 2006). Although we made this statement in regard to the section 2511(a)(8) analysis in R.J.S., we find the statement pertinent to the instant case as a whole. As previously discussed, J.M. is confused by Father's absence, and even though she strongly desires an identifiable father figure in her life, she does not recognize Father as her parent. If we were to permit Father further opportunity to bond with J.M., we would be subjecting the child, who has been waiting for more than two years for an identifiable father figure, to a state of proverbial limbo in anticipation of a scenario that is speculative at best. Thus, notwithstanding the trial court's credibility determination regarding Father's decision to finally assume his parenting duties, the competent evidence of record demonstrates that terminating Father's parental rights would best serve J.M.'s developmental, physical, and emotional needs and welfare.
¶ 16 Interspersed throughout its needs and welfare analysis, the trial court made factual findings that the adoption contemplated by Maternal Grandfather was not in J.M.'s best interest because it would not create a traditional, nuclear family. Essentially, the trial court considered cohabitation to be the sine qua non of the family unit. Specifically, the court reasoned, "no new family unit would result given that [Mother and Maternal Grandfather] have maintained completely separate households since the child's birth and [Maternal Grandfather] has never maintained physical custody of [J.M]." T.C.O., 9/9/08, at 3. The trial court continued, although Mother seeks to fashion a formal parental relationship between Maternal Grandfather and J.M., she did not present evidence that a formal relationship was in the child's best interest or that J.M. considered Maternal Grandfather to be her father rather than her grandfather.
¶ 17 Without addressing whether the record supports the trial court's factual findings, we first must confront whether prevailing Pennsylvania law permits Maternal Grandfather to formally step into the void Father created. Adoption in Pennsylvania is purely a creature of statute, with no roots in common law. In re Carroll's Estate, 68 A. 1038 (Pa. 1908). In re Adoption of D., 769 A.2d 508, 509 (Pa. Super. 2001). The provisions of the Act must be complied with and strictly construed. See In re Adoption of Gunther, 206 A.2d 61 (Pa. 1965).
¶ 18 In In re Adoption of K.M.W., 718 A.2d 332 (Pa. Super. 1998), this Court held that a grandmother was not permitted to adopt her minor grandchild where the child's mother intended to retain her parental rights. We reasoned that under section 2903 of the Adoption Act, "whenever a parent consents to the adoption of his child by his spouse, the parent-child relationship between him and the child shall remain whether or not he is one of the petitioners in the adoption proceeding." Id. at 333. We concluded that the statute "envisioned a narrow case where one parent would retain parental rights and another party would be allowed to adopt. Clearly, the other party must be the spouse of the parent retaining parental rights." Id. at 334.
¶ 19 However, In re Adoption of R.B.F, 803 A.2d 1195, 1202 (Pa. 2002), our Supreme Court subsequently read section 2901 of the Adoption Act to permit a non-spouse to adopt a child where one of the child's natural parents continues to retain custody "upon good cause shown." In re R.B.F. involved two companion cases wherein the same-sex partners of the respective natural parents sought to formalize their parental relationship with the natural parents' children. The trial courts denied the petitions based on section 2903 because, in each case, the adopting party was not the spouse of the parent retaining parental rights.
Section 2901 provides, in pertinent part, "Unless the court for cause shown determines otherwise, no decree of adoption shall be entered unless the natural parent or parents' rights have been terminated[.]"
¶ 20 In reversing the trial courts' determinations, our Supreme Court stated,
After careful consideration, we agree with Appellants that there is no reasonable construction of the Section 2901 "cause shown" language other than to conclude that it permits a petitioner to demonstrate why, in a particular case, he or she cannot meet the statutory requirements. Upon a showing of cause, the trial court is afforded discretion to determine whether the adoption petition should, nevertheless, be granted. The exercise of such discretion does not open the door to unlimited adoptions by legally unrelated adults.Id. at 1201-02. The Supreme Court remanded the cases to the trial courts to allow the respective petitioners to show cause why the adoptions should proceed without the termination of the rights of the respective natural parents. While the Supreme Court's decision in R.B.F, was rendered in the context of unmarried same-sex partners and not grandparents, we believe the same principle applies to the case at bar.
¶ 21 Although portions of the trial court's needs and welfare analysis touch upon this issue, the trial court never directly considered whether Mother was able to show cause to proceed with the adoption as our Supreme Court contemplated in R.B.F. Thus, having found clear and convincing evidence that the involuntary termination of Father's parental rights is warranted pursuant to subsection 2511(a) and that severing Father's parental rights would best serve J.M.'s developmental, physical, and emotional needs and welfare under subsection 2511(b), we reverse the decree denying Mother's petition to the extent that it refused to order the termination of Father's parental rights. However, we remand the matter for the trial court to permit Mother to show cause pursuant to section 2901 of the Adoption Act why the proposed adoption should proceed.
¶ 22 Decree reversed. Matter remanded for further proceedings. Jurisdiction relinquished.
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