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INVOLUNTARY TERMINATION PARENTAL RIGHTS TO B.L. AND J.L. APPEAL R.P.L. AND M.I.L. (04/26/83)

submitted: April 26, 1983.

IN RE INVOLUNTARY TERMINATION OF PARENTAL RIGHTS TO B.L. AND J.L. APPEAL OF R.P.L. AND M.I.L., HUSBAND AND WIFE


No. 2470 Philadelphia 1982, Appeal from the Order of the Court of Common Pleas of Cumberland County, Pennsylvania, Orphans Division at No. 73 Adoptions 1981.

COUNSEL

Murrel R. Walters, III, Mechanicsburg, for appellants.

Ruby D. Weeks, Carlisle, for Children & Youth, participating party.

Ruth Duncan O'Brien, Carlisle, for B.J.L., et al., participating parties.

Rowley, Wieand and Popovich, JJ.

Author: Popovich

[ 316 Pa. Super. Page 176]

This is an appeal from a final decree entered by the Court of Common Pleas of Cumberland County in which the parental rights of R.P.L. and M.B.L., the natural mother and father of B.L. and J.L., were terminated involuntarily.*fn1 We reverse and remand the matter for the reasons herein stated.

The order which forms the basis of the instant appeal was entered on July 14, 1982, approximately four months after the United States Supreme Court's decision in Santosky v. Kramer, 455 U.S. 745, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982). In Santosky, the Supreme Court held that involuntary termination proceedings are governed by a "clear and convincing evidence" standard of proof, because "such a standard adequately conveys to the factfinder the level of subjective certainty about his factual conclusions necessary to satisfy due process." Id. at 769, 102 S.Ct. at 1402-3, 71 L.Ed.2d at 617.

More recently, this Court has stated that the Santosky decision applies "to all cases in which appeals had not been exhausted at the time the Santosky decision was rendered."

[ 316 Pa. Super. Page 177]

The matter is remanded for further proceedings not inconsistent with this opinion. ...


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