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MATTER ADOPTION T.N.J. AND K.M.J. APPEAL L.A.J. (09/30/83)

SUPERIOR COURT OF PENNSYLVANIA


submitted: September 30, 1983.

IN THE MATTER OF ADOPTION OF T.N.J. AND K.M.J. APPEAL OF L.A.J.

No. 269 Pittsburgh 1982, Appeal from the Order of the Court of Common Pleas of Erie County, Orphans Division at No. 96 In Adoption, 1981.

COUNSEL

Marilyn Woolery, Erie, for appellant.

Terrence P. Cavanaugh, Erie, for appellees.

James E. Beveridge, Erie, for participating party.

Wickersham, Rowley and Popovich, JJ.

Author: Popovich

[ 321 Pa. Super. Page 356]

This is an appeal from an order of the trial court which involuntarily terminated the rights of L.A.J., the natural mother of T.N.J. and K.M.J. We must reverse and remand for the reasons herein stated.

The order which forms the basis of the instant appeal was entered on February 8, 1982. However, subsequent to the entry of the trial court's order,*fn1 the United

[ 321 Pa. Super. Page 357]

States Supreme Court's decision in Santosky v. Kramer, 455 U.S. 745, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982) 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. Thus, we must remand this case because it was pending on appeal on March 24, 1982, the date that Santosky was decided. See, e.g., In Re: T.R., 502 Pa. 165, 465 A.2d 642 (1983); In Re: Involuntary Termination of Parental Rights to B.L. and J.L., 316 Pa. Super. 175, 462 A.2d 851 (1983); In Re Involuntary Termination of Parental Rights to Scott and Tommy, 315 Pa. Super. 144, 461 A.2d 838 (1983); In Re Adoption of M.E.T., 313 Pa. Super. 316, 459 A.2d 1247 (1983).

Reversed and remanded. Jurisdiction is relinquished.


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