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MATTER ADOPTION BABY BOY ALLEN (12/21/84)

filed: December 21, 1984.

IN THE MATTER OF THE ADOPTION OF BABY BOY ALLEN, A MINOR. APPEAL OF CATHOLIC SOCIAL SERVICES OF THE DIOCESE OF HARRISBURG, PENNSYLVANIA, INC.


No. 111 Harrisburg 1984, Appeal from the Order of the Court of Common Pleas, Orphans' Court Division, of Dauphin County at No. 982 Year 1980.

COUNSEL

John H. Bream, Harrisburg, for appellant.

Robert D. Kodak, Harrisburg, for appellee.

Wickersham, Wieand and Hester, JJ. Wieand, J., concurred in the result.

Author: Per Curiam

[ 337 Pa. Super. Page 134]

Catholic Social Services appeals from the order of the Court of Common Pleas of Dauphin County denying its petition for the involuntary termination of the parental rights of Clinton "Sonny" Rouck to Baby Boy Allen.

Baby Boy Allen was born March 31, 1979 in York Hospital, York County, Pennsylvania. The child's mother, Robin Jean Allen, has consented to the proposed adoption of the child. The appellee, Clinton "Sonny" Rouck, is the father of the child and is presently twenty-eight years old.

In 1978, Clinton Rouck was convicted of forcible rape and was sentenced to two to four years imprisonment. The

[ 337 Pa. Super. Page 135]

    child was conceived after Rouck's conviction, but while he was out on bail pending appeal. He was incarcerated both at the time of the baby's birth and at the time of the termination hearing in the lower court, which was held on July 23, 1981.

On July 13, 1982, the lower court filed an opinion and decree nisi denying appellant Catholic Social Services' petition for the termination of Rouck's parental rights. Catholic Social Services filed exceptions to the decree nisi. These were denied and the decree nisi was made final on February 10, 1984. This timely appeal followed.

Catholic Social Services states the issue as follows:

Under the Adoption Act should the parental rights of the father of an illegitimate child be involuntarily terminated when the father is functionally illiterate, unable to read or write, since 1975 has been either imprisoned for forcible rape and other crimes or constantly on parole and welfare, living with a girl friend, has been provided with three attorneys, been brought to Harrisburg for a court hearing on this matter from Graterford Prison by two deputy sheriffs, all at taxpayers' expense, has committed perjury in open court, has never attempted to make any inquiry concerning this child, or to make any contribution ...


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