In the Interest of: B.C., a Minor
712 MDA 2017
| Pa. Super. Ct. | Dec 28, 2017Background
- B.C. was removed from Mother on March 27, 2015 at age 9 and placed in Luzerne County CYS custody in kinship care with step-grandparents.
- Father was incarcerated at the time of B.C.’s placement.
- CYS filed a petition for involuntary termination of Father’s parental rights on November 3, 2016 under multiple subsections of 23 Pa.C.S. § 2511 and later limited to § 2511(a)(1) and (b).
- An involuntary termination hearing occurred March 3, 2017; CYS presented evidence through caseworker Lynn Lesh; Father testified with counsel present.
- By decree dated March 13, 2017, the orphans’ court involuntarily terminated Father’s parental rights.
- On remand, the court appointed new counsel for Father; Father filed a notice of appeal on April 24, 2017 and a Rule 1925(a) concise statement; an Anders brief was filed August 29, 2017, prompting a Rule 1925(b) remand to preserve issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel may withdraw under Anders in a parental termination appeal | Hunter asserts the appeal is wholly without merit after review. | Anders procedure followed; issues preserved for appeal. | Remand for proper Rule 1925(b) statement and compliant brief; withdrawal denied. |
| Whether the termination under § 2511(a)(1) and (b) was properly preserved and argued | Concise statement preserved issues regarding § 2511(a)(1) and related proceedings. | Some § 2511 issues were not preserved in the 1925(b) statement. | Issues not adequately preserved are waived; remand to properly preserve all issues. |
| Whether the court below properly handled Anders briefing requirements and Rule 1925 process | Anders brief should be permitted and issues addressed. | Anders briefing requirements were not properly satisfied. | Remand to require a proper Rule 1925(b) statement and either a compliant Anders brief or advocate brief. |
Key Cases Cited
- In re V.E., 611 A.2d 1267 (Pa. Super. 1992) (extended Anders for termination appeals)
- In re J.T., 983 A.2d 771 (Pa. Super. 2009) (Anders briefing applicable in parental termination contexts)
- Commonwealth v. Cartrette, 83 A.3d 1030 (Pa. Super. 2013) (three-part requirements for withdrawal and Anders briefing)
- Commonwealth v. Flores, 909 A.2d 387 (Pa. Super. 2006) (Anders preservation duties for 1925(b) statement)
- Commonwealth v. Rojas, 874 A.2d 638 (Pa. Super. 2005) (role of reviewing court when Anders counsel seeks withdrawal)