Defendant's Attorney:

Description:

Greenburg, Pennsylvania family law adoption lawyers represented the parties.

"J.J.C. (Father) appeals from the orphans' court's orders terminating his parental rights to his three minor daughters, S.V.C. (born in August 2013), L.O.C. (born in October 2015), and A.M.C. (born in February 2018) (collectively, Children).

The factual history of this case began with the [Westmoreland County Children's Bureau (WCCB)] seeking emergency custody of S.V.C., A.M.C., and L.O.C. on May 4, 2022. [] WCCB sought emergency custody after it was discovered that an older [brother] of the [C]hildren named [A.V.C. (born in September 2012)] had been found dead, and Mother[1] and Father were considered the prime suspects for this homicide. Following an adjudication hearing on June 7, 2022, services were offered to the [C]hildren to deal with the trauma that [they] suffered, and services were recommended to Mother and Father to address their statuses as indicated perpetrators of physical abuse.

Over the course of the next two years, the [juvenile c]ourt[2]held three permanency review hearings at regular intervals. At each hearing, the [c]ourt made a determination as to Father's level of compliance with the court-ordered services found in the family service plan and[, Father's] progress made toward achieving reunification with the [C]hildren. Based upon the evidence presented, Father never received a higher rating than minimal compliance and was never found to make any progress toward reunifying the family unit. At the time of adjudication, the [c]ourt found that Father posed a grave threat[3] to the [C]hildren if he were to continue having contact with them; therefore, visitation between Father and the [C]hildren [was] suspended at that time. [WCCB] expressed concerns over Father's criminal history and indicated status as a perpetrator of physical abuse, which would demonstrate an inability to protect the [C]hildren. Additionally, [WCCB] was not confident that Father would be cognizant of the [C]hildren's mental health needs and be able to offer them the support necessary for their continued development.

During the course of the dependency matter, [WCCB] contracted for service providers to offer mental health, parenting, and anger management services to Father while he remained incarcerated. These services were aimed to address the issues exemplified in Father's criminal history and involvement with the child welfare system, specifically related to his inability to protect the [C]hildren. While incarcerated, Father participated in a parenting course aimed at addressing self-awareness, self-care, and parenting skills. [WCCB] expressed that, in order for Father to move toward reunification, he would need specific parenting instruction to parent through trauma and minimizing domestic violence risk in the home. After delays in scheduling, Father underwent a mental health assessment while incarcerated, but [WCCB has] not received any indication that Father has followed up with mental health services. Father was able to complete an anger management course while incarcerated[. However, Father has also] been ordered to participate in offender's counseling and domestic violence counseling. Due to his pending criminal matter and the requirements of the program, Father has not participated in any offender's counseling. Lastly, Father has not been able to visit with the [C]hildren since they entered care due to the grave risk to the [C]hildren. In sum, Father has been found to be minimally compliant and made no progress toward reunification with the [C]hildren.

[WCCB] petitioned for involuntary termination [of both Mother's and Father's parental rights to Children] on August 21, 2023, and an initial hearing was scheduled for October 18, 2023. Because both parents requested a fully contested hearing …, the matter was continued to December 21, 2023. At the time of the December 21, 2023 hearing, both Mother and Father requested a continuance and asked the [orphans' c]ourt to determine whether [a] termination of parental rights hearing should take place while a criminal matter[,which] played a large role in the basis for adjudicating the minor [C]hildren dependent[,] was still pending. The [c]ourt recessed the matter and allowed the parties to submit written argument on the issue, but Mother and Father ultimately withdrew their request and elected to proceed with the hearing on February 1, 2024. On that date, Mother voluntarily relinquished her parental rights, and a contested hearing on the petition to involuntarily terminate Father's rights began. [The hearing concluded after additional testimony] on February 15, 2024….

Orphans' Court Opinion, 6/14/24, at 2-4 (footnotes added).


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In re S.V.C., 364 WDA 2024, 365 WDA 2024, 366 WDA 2024 (Pa. Super. Ct. Aug 20, 2024)

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

Comments: