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JONES APPEAL (11/30/72)

decided: November 30, 1972.

JONES APPEAL


Appeal from order of Court of Common Pleas of Greene County, No. 27 of 1971, in re Involuntary Termination of Parental Rights: Harry Alfred Jones, Lloyd David Jones, Robert William Jones, Richard Edward Jones, Mary Margaret Jones, Lorena Arlene Jones, Laura Lynn Jones.

COUNSEL

Ewing B. Pollock, with him Pollock, Pollock & Thomas, for appellant.

R. Wallace Maxwell, with him Maxwell and Davis, for appellee.

James Hook, and Hook & Hook, for amicus curiae.

Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Opinion by Mr. Chief Justice Jones. Mr. Justice Roberts concurs in the result.

Author: Jones

[ 449 Pa. Page 545]

Sarah Jones, the mother of the children named in this proceeding, was arrested for aiding and abetting the rape of her fourteen-year-old daughter, Ada Jones, accomplished by Mrs. Jones's paramour, Richard Shaw. An order of dependency and neglect was thereafter made as to appellant's nine children.*fn1 Placement in foster homes was accomplished under the auspices of the Child Welfare Service of Greene County.

Following her arrest, Mrs. Jones was committed to Mayview State Hospital for psychiatric evaluation. She was found to be neurotic and unstable, but not psychotic. She pled guilty to the charges against her

[ 449 Pa. Page 546]

    and, on August 23, 1971, Mrs. Jones was sentenced to an indeterminate term at Muncy State Prison not to exceed six years.

Appellant, after consultation with the Child Welfare Service, instituted proceedings for the voluntary termination of parental rights with respect to her seven younger children. When brought from Muncy on September 30, 1971, for a hearing pursuant to the termination of her parental rights, she recanted her voluntary termination position. She was permitted to withdraw her consent and, on the motion of the Child Welfare Service, the hearing was continued until such time as the court could consider the Service's request for voluntary termination of parental rights.

After a hearing on November 5, 1971, before the Honorable Glenn Toothman, President Judge of Greene County, an order of involuntary termination was entered pursuant to the Adoption Act of 1970, Act of July 24, 1970, P. L. 620, 1 P.S. ยง 311(2), which reads in pertinent part as follows:

"The rights of a parent in regard to a child may be terminated after a petition filed pursuant to section 312, and a hearing held pursuant ...


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