In Re: K.H.B., Appeal of: Office of C.Y.F. ( 2014 )

J-A29030-14
2014 PA Super 284IN RE: K.H.B., A/K/A BABY GIRL J., : IN THE SUPERIOR COURT OF
A/K/A K.J., A MINOR : PENNSYLVANIA
:
:
APPEAL OF: ALLEGHENY COUNTY OFFICE :
OF CHILDREN, YOUTH AND FAMILIES : No. 731 WDA 2014
Appeal from the Order entered April 7, 2014
in the Court of Common Pleas of Allegheny County, Civil
Division, at No(s): TPR 172 of 2013
IN RE: K.H.B., A/K/A BABY GIRL J., : IN THE SUPERIOR COURT OF
A/K/A K.J., A MINOR : PENNSYLVANIA
:
:
APPEAL OF: ALLEGHENY COUNTY OFFICE :
OF CHILDREN, YOUTH AND FAMILIES : No. 732 WDA 2014
Appeal from the Orders entered April 7, 2014
in the Court of Common Pleas of Allegheny County,
Orphans’ Court, at No(s): TPR 172 of 2013
BEFORE: FORD ELLIOTT, P.J.E., ALLEN, and STRASSBURGER,* J.
CONCURRING OPINION BY STRASSBURGER, J.:
FILED DECEMBER 23, 2014
I agree that the trial court’s decision not to terminate the parental
rights of Mother and Father under the facts of this case was reversible error
for the reasons stated in the Majority’s analysis of CYF’s first question on
appeal.
However, I do not join the Majority’s disposition of CYF’s second
question regarding post-adoption contact agreements. I do not read the
cited provisions of the Adoption Act to preclude the conditioning of
*Retired Senior Judge assigned to the Superior Court.
J-A29030-14
termination of parental rights upon an agreement for continuing contact
between a child and his or her biological parents. While the facts of the
instant case do not warrant it, I am not prepared to say that a trial judge
may never utilize such a condition if it serves the best interests of the child.
-2-