In the Interest of: T.S.A., a Minor
In the Interest of: T.S.A., a Minor No. 655 EDA 2017
| Pa. Super. Ct. | Aug 2, 2017Background
- Child T.S.A. (b. Sept. 2010) removed after sexual assault incident while in mother's care; DHS obtained protective custody in April 2015.
- Father J.A. pled guilty to two counts of first-degree murder on April 13, 2015 and was sentenced to two life terms without parole; child adjudicated dependent and placed with paternal grandmother (adoptive resource) in June 2015.
- DHS sought goal change to adoption and involuntary termination of J.A.’s parental rights; hearing set for January 26, 2017.
- J.A. was to participate by telephone from SCI–Albion, but an altercation at the facility that day made him unavailable; his counsel requested a continuance which the trial court denied.
- Trial court found J.A. only had occasional phone contact and no other parental involvement; it terminated parental rights under 23 Pa.C.S. § 2511(a)(1), (2), (5), (8) and concluded termination served the child’s best interests under § 2511(b).
- On appeal J.A. argued denial of continuance and denial of opportunity to participate violated due process; the Superior Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denying continuance (preventing J.A.’s telephonic participation) violated due process | J.A.: denial deprived him of meaningful participation and chance to testify/cross-examine | DHS/Court: J.A. had notice, counsel present who could participate; J.A.’s own conduct at prison caused unavailability and child’s permanency interests prevail | Denial not an abuse of discretion; due process satisfied by counsel’s participation and prior notice that hearing would proceed without absent parent |
| Whether termination was improper given incarceration | J.A.: incarceration should not automatically justify termination | DHS/Court: lengthy life sentences make incapacity irremediable; statutory grounds proven and child’s best interests favor adoption | Termination under §2511(a) and (b) affirmed; incarceration and inability to remedy conditions support termination |
Key Cases Cited
- In re Adoption of S.P., 47 A.3d 817 (Pa. 2012) (two-step termination analysis and considerations regarding incarceration)
- In re I.G., 939 A.2d 950 (Pa. Super. 2007) (statutory burden for termination and review standard)
- In re J.N.F., 887 A.2d 775 (Pa. Super. 2005) (incarcerated parent need not be transported; must be afforded meaningful participation by alternate means)
- In re Adoption of Dale A., II, 683 A.2d 297 (Pa. Super. 1996) (parental rights termination not unconstitutional where counsel present and parent absent)