In Re Adoption of G.R.L.
26 A.3d 1124
| Pa. Super. Ct. | 2011Background
- OCY received multiple referrals alleging Parents’ mental health and poor living conditions; police removed Children in May 2007; court returned Children to Parents in June 2007; OCY provided services and monitored care including a life-skills program; Children remained in care due to ongoing safety concerns and Parents’ inconsistent cooperation; OCY identified potential kinship resources and pursued goal change from reunification to adoption, ultimately changing the goal in December 2009; Grandfather was not timely contacted as a resource and disclosed concerns about his suitability; termination of parental rights occurred in January 2011 and appeals were filed in February 2011.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OCY complied with Kinship Care requirements | Parents contend OCY failed to pursue Grandfather as a resource | OCY documented efforts and determined relatives were not appropriate resources | OCY complied; record supported continued foster care. |
| Whether Grandfather’s desire to adopt should have been considered at termination | Grandfather’s adoption desire should be heard at termination | Termination hearing not the proper stage to decide adoptive alternatives | Premature to consider Grandfather’s adoption at termination; affirmed termination orders. |
Key Cases Cited
- In re J.P., 998 A.2d 984 (Pa. Super. 2010) (kinship care considerations and placement decisions)
- In re R.P., 957 A.2d 1205 (Pa. Super. 2008) (agency may decline relative placement when not appropriate or safe)
- In re C.J.R., 782 A.2d 568 (Pa. Super. 2001) (placement with relatives requires safety and suitability)
- In re Davis, 502 Pa. 110 (1983) (family preservation weighed with best interests)
- In re Hess, 530 Pa. 218 (1992) (Adoption procedures and best interests standard for final decree)
- In re Adoption of J.D.T., 796 A.2d 992 (Pa. Super. 2002) (grandparents may participate in adoption proceedings)
- In re Adoption of J.E.F., 587 Pa. 650 (2006) (petition to adopt must include required information and consents)