375 A.2d 165 | Pa. Super. Ct. | 1977
Lead Opinion
Sometime in October 1973, Shawn Christopher Hill, bom February 23,1971, went to live with Betty Andrus
Appellants initially contend that the lower court erred when it admitted into evidence a report from the Allen County Children’s Services of Lima, Ohio which contained an evaluation of the home of the natural mother. The report was in the possession of the Lycoming County Children’s Services and had been sent to them by the Allen County Children’s Services pursuant to the Interstate Compact on Juveniles.
Although the receipt of such reports is the general practice between children services agencies in different
Ordinarily reliance by the court on reports of court investigators concerning the condition of the parties’ respective homes constitutes reversible error: Commonwealth v. Rubertucci, 159 Pa.Super.Ct. 511, 49 A.2d 269 (1946). See also Commonwealth ex rel. Mark v. Mark, 115 Pa.Super. 181, 175 A. 289 (1934); Commonwealth ex rel. Balick v. Balick, 172 Pa.Super. 196, 92 A.2d 703 (1952).
Commonwealth ex rel. Mathis v. Cooper, 188 Pa.Super. 113, 116, 146 A.2d 158, 160 (1958). In the instant case, the lower court did not specifically state that it was relying on the report from Allen County Children’s Services. However, after reviewing all of the evidence, excluding the report and letter, we are not able to say that it was obvious that Shawn should have been returned to his natural mother and therefore the admission of the report is harmless error. The witnesses on behalf of the natural mother testified that they had known her anywhere from six months to a year and could speak well of her character. On the other hand, the witnesses presented on behalf of Mrs. Andrus testified that the mother had a history of cavorting around with other men and freely imbibing in alcoholic beverages to the degree of frequently being intoxicated. It is true that the lower court has wide discretion in those cases where the demeanor and credibility of witnesses is important. The appellate courts should not substitute their findings for that of the lower court unless it is apparent from the record that a
While it is true that the findings of the hearing judge on questions of fact, particularly where the credibility of witnesses is concerned, are entitled to be carefully considered, this rule does not apply in favor of deductions or inferences which are made by the trial judge from the facts which he has found. The conclusions of the trial judge, being no more than his reasoning from the facts, are always reviewable, either by the court en banc or by an appellate court. (Citations omitted)
The lower court heard testimony on and admitted into evidence the report and letter prepared by another agency. The individuals who prepared the report and letter were not present to be cross-examined and consequently the validity and the reliability of the information contained in these documents could not be established. The necessity for cross-examination is especially important in situations such as the one presented in this case, because the evaluation of a person’s home for the purposes of raising children and the valuation of that person as a parent are extremely subjective. Different people might emphasize different physical necessities in a home and different personal characteristics of a potential custodian. Since the natural mother had not lived in Ohio for that long a period of time, the foundation of the recommendation that her children be returned to her is one worthy of inquiry.
We are not able to say with certainty how much weight was afforded the improperly admitted report. However, the record indicates that it was not completely ignored. The following colloquy reflects the lower court’s opinion of the value of the report as evidence.
BY THE COURT: Since a consideration in custody is whether or not it is desirable in a given case to have all children together, what has been done with respect to the siblings has relevance here, in this custody proceeding.
*420 BY MR. SMITH: As I understand it, Your Honor, nothing’s been done with respect to the other two. They are still in Lycoming County.
BY THE COURT: There are plans afoot, and that is relevant.
BY MR. SMITH: I would object to plans in the future, and it is a subjective type of thing, and it hasn’t happened yet.
BY THE COURT: Objection overruled.
Because the appellants were denied their right to cross-examine the authors of the report and because we are unable to evaluate the report itself since it is not part of the record, we must reverse the order of the lower court and remand the case for a hearing consistent with this Opinion.
Reverse and Remanded.
. At the time of the original placement, Mrs. Andrus was not married and was Miss Betty Hill.
. Shawn’s mother has subsequently married Mr. Wilson, but prior to that she was married to Shawn’s father, Mr. Grant Hill.
. Act of June 13, 1967, P.L. 31, No. 21, Art. 7, 62 P.S. § 731.
Concurrence Opinion
concurring:
I agree that the case should be remanded, on the understanding that the lower court is to apply the stand articulated in In re Hernandez, 249 Pa.Super. -, 376 A.2d 648 (1977).