Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

D. K. W. (05/30/80)

decided: May 30, 1980.

IN RE D. K. W., A MINOR. APPEAL OF C. J. W.


No. 80-1-7, Appeal from Final Decree Entered on December 4, 1979 in the Court of Common Pleas of Blair County, Orphans' Court Division, at 217 O.C. 1978.

COUNSEL

Kenneth A. Magar, Altoona, for appellant.

Jolene M. Grubb, Patterson, Evey, Routch, Black & Behrens, Hollidaysburg, for appellee.

Eagen, C. J., and O'Brien, Roberts, Nix, Larsen, Flaherty and Kauffman, JJ.

Author: Kauffman

[ 490 Pa. Page 137]

OPINION

This appeal is from the final decree of the Court of Common Pleas of Blair County, Orphans' Court Division, involuntarily terminating the parental rights of appellant, C.J.W., in her natural daughter, D.K.W.

On January 21, 1977, Blair County Children and Youth Services (hereinafter "Youth Services") and appellant filed a petition with the Orphans' Court Division jointly requesting that Youth Services be granted temporary custody of D.K.W. with right of placement. After hearings on February 24, 1977 and March 16, 1977, the petition was granted and D.K.W. was placed in foster care. Over a year later, on April 25, 1978, appellant filed a petition for modification of the custody order. Shortly thereafter, on June 1, 1978, Youth Services filed a petition to involuntarily terminate appellant's parental rights in her daughter under either § 311(1) or § 311(2) of the Adoption Act, Act of July 24, 1970, P.L. 620, No. 208, art. III, § 311, 1 P.S. § 311 (Supp. 1964-78). The Court consolidated the two actions and, after a hearing,*fn1 entered a final decree on December 4, 1979,

[ 490 Pa. Page 138]

    involuntarily terminating appellant's parental rights under § 311(2) of the Adoption Act.*fn2 This direct appeal followed.*fn3

The lower court's decision to terminate was based on findings that D.K.W. had been exposed to abuse and mistreatment; that appellant recognized she was unable to care for D.K.W.; that neglect and abuse had deprived D.K.W. of essential parental care; and that the neglect, abuse, and inability to care for D.K.W. would not and could not be remedied in the future. Review of the record discloses that the lower court's findings are adequately supported by the evidence. Accordingly, we affirm.

Our responsibility on review is limited to determining whether the lower court's findings are supported by competent evidence. Adoption of Baby Girl M., 481 Pa. 171, 392 A.2d 301 (1978); Adoption of R.I., 468 Pa. 287, 361 A.2d 294 (1976). In making this determination, "we must take as true all the evidence supporting the findings and all reasonable inferences therefrom." In Re William L., 477 Pa. 322, 340, 383 A.2d 1228, 1237, cert. denied, 439 U.S. 880, 99 S.Ct. 216, 58 L.Ed.2d 192 (1978). "If [competent] evidence appears in the record, we must affirm the hearing court even though the record could support an opposite result." Matter of Kapcsos, 468 Pa. 50, 54, 360 A.2d 174, 176 (1976).

D.K.W. was born on June 23, 1976. At that time, appellant was separated from her husband and was living "off and on" with M.W., ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.