J-A17023-18
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
IN THE MATTER OF THE ADOPTION OF IN THE SUPERIOR COURT
J.R.L., A MINOR OF
PENNSYLVANIA
v.
APPEAL OF: S.L. AND M.L.
No. 287 WDA 2018
Appeal from the Order Dated, February 5, 2018,
in the Court of Common Pleas of Mercer County,
Orphans' Court at No(s): 2018-64A.
BEFORE: OTT, J., KUNSELMAN, J. and MUSMANNO, J.
JUDGMENT ORDER BY KUNSELMAN, J.: FILED JULY 24, 2018
Appellants, S.L. & M.L., initially appealed the trial court's dismissal of
their petition to involuntarily terminate the parental rights of the Appellee,
D.L., (birth mother) on the basis that Appellants lacked in loco parentis
standing to file such a petition. Without reaching the merits, a previous panel
of this Court remanded with instruction for the trial court to appoint the child
both a guardian ad litem and legal counsel pursuant to 23 Pa.C.S.A. § 2313(a).
See In re J.R.L., 1630 WDA 2017 (Pa. Super. May 25, 2018) (unpublished
memorandum).
Before we issued that decision, however, Appellants had once more
petitioned to involuntarily terminate Appellee’s parental rights, but this time
alleged new facts encompassing the period of the preceding six months during
which they alleged that Appellee once again had no contact with the child.
J-A17023-18
See 23 Pa.C.S.A. § 2511(a)(1). The trial court similarly dismissed this petition
for lack of standing, and Appellants appealed. This appeal is docketed at 287
WDA 2018, J-A17023-18 and is presently before us. The parties’ companion
case regarding Appellants’ standing for custody is also before this panel. That
appeal is docketed at 289 WDA 2018; J-A17024-18. We listed these cases for
consecutive arguments.
Because the previous panel, in consideration of the previous termination
petition, remanded for the appointment of a guardian ad litem and for legal
counsel, both counsel conceded that we must follow suit with Appellants’
second termination petition. We remand for the trial court to conduct a new
evidentiary hearing to determine whether Appellants stand in loco parentis
under 23 Pa.C.S.A. § 2512(a)(3) to file a petition to terminate Appellee’s
parental rights. The trial court shall apply the appropriate standard for
determining standing under this termination statute. At argument, counsel
informed this Court that the trial court had made the appropriate
appointments for the child in accordance with the previous panel’s decision.
The child's guardian ad litem and legal counsel shall enter their appearances
and participate in this hearing.
Case remanded with instructions. Jurisdiction relinquished.
Judgment Entered.
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J-A17023-18
Joseph D. Seletyn, Esq.
Prothonotary
Date: 7/24/2018
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