Appeal from the Decree entered in the Court of Common Pleas of Delaware County, Orphans Division, No. 165 of 1985.
Joseph F. Battle, Jr., Chester, for appellant (at 1427).
Donald E. Wydrzynski, Media, for appellant (at 2528).
Roger R. Ullman, Swarthmore, for appellee.
Wieand, Tamilia and Hester, JJ.
[ 361 Pa. Super. Page 181]
This is a consolidated appeal from two Decrees terminating the parental rights of William Angry, Sr. and Cheryl Guy Angry in their child William Angry, Jr.
William Angry, Jr. was born on December 9, 1984 while the mother was an in-patient in the psychiatric unit of Crozer-Chester Medical Center in Delaware County, Pennsylvania. At the time of birth, Children and Youth Services of Delaware County was notified and informed that the child's father had threatened to kidnap the baby from the hospital nursery. On December 13, 1984, the child was placed in the custody of Children and Youth Services. The record and proceeding in the Juvenile Court are not part of this proceeding, but the testimony at the termination hearing established that the child was adjudicated dependent on January 30, 1985 by reason of neglect and being without proper parental care or control. (N.T. 4/17/86, p. 9). Subsequent review hearings of June 4, 1985 and December 3, 1985 appear to be timely and proper. (N.T. 4/17/86, p. 34).
On December 11, 1985, petitions for termination of parental rights of both parents were filed. A hearing was conducted on April 17, 1986 with final Decrees dated April 21, 1986, entered April 30, 1986, granting the petitions. Appeals by both parties were filed and are consolidated before us.
On appeal, both parents contend that Children and Youth Services failed to prove by clear and convincing evidence that they are incapable of parenting a child at present and the incapacity will not be remedied in the future.
Children and Youth Services contended that termination was proper under 23 Pa.C.S.A. § 2511(a)(2) and (5), which provides:
[ 361 Pa. Super. Page 182]
The doctrine of "prognostic deprivation" was first enunciated by this Court in Matter of DeSavage, 241 Pa. Super. 174, 360 A.2d 237 ...