187 Pa. Super. 79 | Pa. Super. Ct. | 1958
Lead Opinion
Opinion by
On April 10, 1946 the Juvenile Court of Cumberland County adjudged Barbara Ellen Neff, born May 30, 1938, Augusta Ann Neff, born September 9, 1939, Beatrice Diane Neff, born May 19, 1941, and Kenneth R. Neff, Jr., born June 27, 1942, neglected children and committed them to the care and custody of the Child Welfare Service. (Act of June 2, 1933, P. L. 1433, §2, 11 PS §244) The children remained in foster homes for approximately two years and on March 5, 1948 the said court by further order committed them to the care of The Methodist Home for Children, where all but Barbara still remain. When they entered the
On February 11, 1957 the mother presented a petition to the court below to revoke the order of March 5, 1948 and to have custody of the children awarded to her. On June 19, 1957 the court entered an order discharging Barbara Ellen Neff from the care and custody of the Home and placing her in the custody of the mother. Barbara attained the age of 19 on May 30, 1957 and had successfully completed one year in Lycoming College. On August 9, 1957 the court below entered another order refusing the petition of the mother as to the other three children and stated: “This order to be without prejudice to the petitioner to reapply when circumstances so warrant.” The mother appealed. It is our duty to review the entire record and to exercise an independent judgment on the merits: Ciammaichella Appeal, 369 Pa. 278, 281, 282, 85 A. 2d 406; Rinker Appeal, 180 Pa. Superior Ct. 143, 150, 117 A. 2d 780.
We would agree that in the usual case a home environment and family care are more desirable than the finest institution, providing, of course, that the home is adequate and the family care wholesome. But this is not the usual case. As Judge Woodside so well said at page 148 in Rinker Appeal, supra: “It is a serious matter for the long arm of the state to reach into a home and snatch a child from its mother. It is a power which a government dedicated to freedom for the individual should exercise with extreme care, and only where the evidence clearly establishes its necessity. Yet, of course, there are cases where such authority must be exercised for the protection and welfare of children.” In this case, however, the mother is seeking to remove the children from the place where they have spent their tender years and the major portion of their minority.
While we did not have the privilege of seeing these children in person, as did the court below, the record convinces us that his observation was accurate. Judge Shughart said: “It is apparent from the appearance of the three who were in Court that they have received the best in physical care. They were well mannered, cheerful and were attractively dressed. It is obvious that all are progressing well in school, the older one having completed her first year in college. In addition, two of them who have shown some talent for music have received special training. Our own observation of their appearance and demeanor furnishes clear and unmistakable proof of the splendid care they have received at the Home from Reverend Victor Hann, the Superintendent, and his staff. These children, their
Our conclusion in this case is largely based (as it was in the court below) upon the belief that the moth
It must be remembered that the court below did not finally foreclose the possibility of releasing all or some of the three remaining children from the present wardship and giving them to the mother. Judge Shughart said, in reference to the order giving Barbara to the mother: “Under the circumstances it might be advisable to see the results of this expense upon the mother and her husband before making a final decision on the other three.” At the conclusion of his opinion, he fur
Our conclusion is that the court below handled a very difficult case in an admirable way and our independent conclusion is that we cannot improve upon it.
Order affirmed.
Dissenting Opinion
Dissenting Opinion by
Notwithstanding my high regard for the learned President Judge of the court below, and for my colleagues in the majority, I respectfully submit that it is a clear abuse of judicial discretion to require Kenneth, Beatrice, and Augusta Neff, aged respectively sixteen, seventeen, and eighteen years, who are not delinquent children and are no longer neglected children, to remain in an institution, however worthy, when they desire to be with their natural mother, who has been found presently fit to care for them.
Section 12 of The Juvenile Court Law
“If, at any time after the final order of any juvenile court placing or committing any dependent, neglected or delinquent child, a change of circumstances has taken place which, in the opinion of the parent or parents or next Mend of such child, warrants the revocation or*86 modification of such final order, such child shall, by his or her parent or parents or next friend, have the right to file a petition in such court asking for a revocation or modification of such final order”.
Discussing Section 16 of The Juvenile Court Law in Ciammaichella Appeal, 369 Pa. 278, 85 A. 2d 406, the Supreme Court said: “Appellants would limit the ‘change of circumstances’ as used in this section to a change of circumstances relating to the child and not to the parent. Such construction is not warranted. If the parent or parents of a dependent child become able to and are willing to support the child, surely the Juvenile Court has the right to remand the child to the parental custody”.
The majority concedes that its conclusion, as was the conclusion of the court below, is largely based upon financial considerations. However, such considerations are not controlling even in habeas corpus cases, Commonwealth ex rel. Kraus v. Kraus, 185 Pa. Superior Ct. 167, 138 A. 2d 225, and it is important to note that this is not a habeas corpus proceeding. See Rinker Appeal, 180 Pa. Superior Ct. 143, 117 A. 2d 780. As we said in - that case: “The family is an institution which preceded governments. Its sanctity was universally recognized before judges or statutes or constitutions or welfare organizations were known to man. The right of a child to a mother and a mother to a child are rights created by natural law. They are rights attributable to the nature of mankind rather than to the enactments of law”.
Since few cases involving a contest by an institution for custody of children reach the appellate courts, we call attention to three lower court decisions in which the problem was considered. In Commonwealth ex rel. Field v. Madden, 43 Luzerne L. R. 255, it was stated: “But we are persuaded that a home environment and
I would reverse the order of the court below, and direct that Kenneth, Beatrice, and Augusta Neff be discharged into the custody of their mother.
Watkins, J., joins in this dissent.
Act of 1933, P. L. 1433, Section 12, 11 P.S. 254.
The court below acknowledged this fact on .Tune 19, 1957, by directing the discharge of Barbara Neff, aged nineteen.
Dissenting Opinion
Dissenting Opinion by
1 join in all that Judge Wright has written in his able dissenting opinion. However, I should like to add that I am primarily moved to dissent on the following two grounds: [1] That the Neff children can no longer be classified as neglected; and [2] That it is in the nature of unwarranted punishment to force these young people, now 16, 17 and 18 years of age, to remain in an institution against their will when a parent is willing and able to give them a respectable home.
Because the church home is caring for the Neff children they are not now, in fact, neglected, but neither would they any longer fit into any of the above categories were the Juvenile Court to discharge them from the church home. They are thus no longer neglected either in fact or in law. Although the mother had neglected them at the time that the original order was made, the evidence now before us indicates she is presently willing and able to furnish them a respectable home and to adequately support and look after them. Their mother and her husband live in a $20,000 home and have a combined income of $12,700 per year. There is no suggestion that their home is not a proper place for these children to reside.
As I view it, the order before us is not only contrary to The Juvenile Court Law, supra, but is fair to no person. It is not fair to the mother who seeks to have custody of her children; it is not fair to these young people who seek the experience of living in a
For many years I have known Superintendent and Mrs. Victor B. Hann, who are in charge of the Neff children at The Methodist Home for Children. They are, as the record shows and the court below found, kind, capable, religious people who have performed an outstanding task in rearing these children. Nevertheless, the children’s mother is now willing and able to provide a satisfactory home.
It is natural that these children should prefer their mother’s home to an institution, however excellent the latter may be. They have emphatically expressed their preference. I think that to deny their request is in the nature of the imposition of punishment upon these unfortunate children, who were brought into juvenile court, not as delinquents, but as neglected children. They do not deserve the stern treatment which they have received at the hands of the law. Their plea to be released from an institution in order to reside in their mother’s home is entitled to a more sympathetic ear than the courts have given it.