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ADOPTION S.C.P. APPEAL R.L.L. AND M.A.L. ADOPTION S.C.P. APPEAL D.N.P. (06/22/87)

filed: June 22, 1987.

IN RE ADOPTION OF S.C.P. APPEAL OF R.L.L. AND M.A.L. IN RE ADOPTION OF S.C.P. APPEAL OF D.N.P., GUARDIAN AD LITEM


Appeal from the Order September 23, 1986 in the Court of Common Pleas of Westmoreland County, Orphans Division, No. 2 of 1986. Appeal from the Order October 8, 1986 in the Court of Common Pleas of Westmoreland County Orphans Division, No. 2 of 1986.

COUNSEL

Dennis B. Rafferty, Latrobe, for appellant (at 1348).

Dorean N. Petonic, Johnstown, for appellant (at 1639).

Cirillo, President Judge, and Montemuro and Tamilia, JJ.

Author: Cirillo

[ 364 Pa. Super. Page 258]

This is an appeal from trial court orders which essentially rebuffed the efforts of the former foster parents of S.C.P. to adopt him. This appeal is pursued by both the former foster parents, R.L.L. and M.A.L., as well as S.C.P.'s guardian ad litem, D.N.P.

The basic issue presented for our review is whether foster parents have standing to seek the adoption of their former foster child when the legal custodian, a child welfare agency, does not consent to the adoption.*fn1

[ 364 Pa. Super. Page 259]

The child in question, S.C.P., was born in December 1984. In September 1985, the Family Court Division of the Westmoreland County Court of Common Pleas granted custody of S.C.P. to appellee Westmoreland County Children's Bureau and the Bureau placed S.C.P. with his former foster parents, R.L.L. and M.A.L. Shortly thereafter, the parental rights of S.C.P.'s natural parents were terminated.

R.L.L. and M.A.L. were informed that their status as foster parents was temporary in nature and would end when a suitable adoptive home could be found for S.C.P. The Bureau formally demanded that the foster parents return S.C.P. in order to effectuate his placement with adoptive parents. The foster parents refused to return S.C.P. to the Bureau.

R.L.L. and M.A.L. filed a petition for injunction, a "report of intent to adopt" and a petition for custody. The Bureau filed a motion to strike the report of intent to adopt, and a petition for writ of habeas corpus.

The trial court denied the petitions of R.L.L. and M.A.L. and granted the Bureau's motion to strike and its habeas corpus petition. That is, the trial court ordered the foster parents to deliver physical custody of S.C.P. to the Bureau. S.C.P. now resides with his prospective adoptive parents.

This Court previously denied expedited injunctive relief from that order. The trial court also denied a separate attempt by the guardian ad litem to block the removal of S.C.P. from his foster home. Before us now is an appeal by R.L.L. and M.A.L., as well as the guardian ad litem, from two orders which essentially ...


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