In the Matter of A.S.-A.R., Appeal of: J.L.R. ( 2014 )

J-S39014-14
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
IN THE MATTER OF THE INVOLUNTARY IN THE SUPERIOR COURT OF
TERMINATION OF PARENTAL RIGHTS TO PENNSYLVANIA
A.S-A.R. AND P.N.R.
APPEAL OF: J.L.R., NATURAL FATHER
No. 162 WDA 2014
Appeal from the Decrees December 27, 2013
In the Court of Common Pleas of Venango County
Orphans' Court at No(s):
O.C.D. NO. 190-2013
O.C.D. NO. 191-2013
BEFORE: BENDER, P.J.E., WECHT, J. and PLATT, J.*
MEMORANDUM BY BENDER, P.J.E.: FILED AUGUST 29, 2014
parental rights to A.S-A.R. (born in April of 2002) and P.N.R. (born in May of
affirm.
which they asserted inter alia that Stepfather wished to adopt the Children.
A hearing was held on October 1, 2013, after which the court granted the
termination petitions. See
timely notice of appeal and a concise statement of errors complained of on
appeal pursuant to Pa.R.A.P. 1925(a)(2)(i). Thereafter, Father filed a Motion
to Amend Concise Statement with this Court, which we granted. This Court
directed that the record should be remanded to allow the trial court to file an
amended Rule 1925(a) opinion responding to the additional issues raised by
*Retired Senior Judge assigned to the Superior Court.
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See
The matter is now ripe for review.
Father raises three issues for our review:
1. The [c]ourt erred in determining that evidence so clear,
direct, weighty, and convincing was presented to enable the fact
finder to come to a clear decision without hesitancy that the
[c]ourt failed to consider other factors in making its
determination including the nature of the relationship between
the father and minor children prior to incarceration and the
incarcerated and the natural[] m
2. The [c]ourt erred in determining the best interests of the
rights.
3. The [c]ourt erred when it improperly considered extremely
prejudicial evidence not presented or properly before the [c]ourt
commercial burglaries which occurred after the hearing and were
not made part of the record as well as statements from another
jurisdiction made at sentencing hearing and other evidence that
was not presented or properly before the [c]ourt for
consideration.
When considering an appeal from an order involuntarily terminating
parental rights, we are guided by the following:
In cases involving termination of parental rights, our scope of
review is broad. All of the evidence, as well as the trial court's
factual and legal determinations, are to be considered.
However, our standard of review is limited to determining
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whether the order of the trial court is supported by competent
evidence, and whether the trial court gave adequate
consideration to the effect of such a decree on the welfare of the
child. We have always been deferential to the trial court as the
fact finder, as the determiner of the credibility of witnesses, and
as the sole and final arbiter of all conflicts in the evidence. In re
S.D.T., Jr., 934 A.2d 703, 705-06 (Pa. Super. 2007), appeal
denied, 597 Pa. 68, 950 A.2d 270 (2008) (citations omitted).
The burden of proof in a termination case is on the petitioning
party, who must establish valid grounds for termination by clear
and convincing evidence.
In re E.M.I., 57 A.3d 1278, 1284 (Pa. Super. 2012) (quoting In re J.L.C.,
837 A.2d 1247, 1251 (Pa. Super. 2003)).
We have reviewed the certified record, the briefs of the parties, the
applicable law, and the two comprehensive opinions authored by the
Honorable Oliver J. Lobaugh of the Court of Common Pleas of Venango
County, issued on December 27, 2013, and on March 12, 2014. We
-reasoned opinions properly
dispose of the issues raised by Father. Accordingly, we adopt Judge
basis.
Decrees affirmed.
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Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 8/29/2014
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