J-S56031-18
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
IN RE: INVOLUNTARY TERMINATION : IN THE SUPERIOR COURT OF
OF PARENTAL RIGHTS TO B.J.V., A : PENNSYLVANIA
MINOR :
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APPEAL OF: J.V., MOTHER : No. 172 MDA 2018
Appeal from the Decree Entered September 28, 2017
in the Court of Common Pleas of Schuylkill County
Orphans’ Court at No(s): A63-184A-17
IN RE: INVOLUNTARY TERMINATION : IN THE SUPERIOR COURT OF
OF PARENTAL RIGHTS TO J.M.V., A : PENNSYLVANIA
MINOR :
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APPEAL OF: J.V., MOTHER : No. 186 MDA 2018
Appeal from the Decree September 28, 2017
in the Court of Common Pleas of Schuylkill County
Orphans’ Court at No(s): A-63-181A-17
J-S56031-18
IN RE: INVOLUNTARY TERMINATION : IN THE SUPERIOR COURT OF
OF PARENTAL RIGHTS TO A.M.V., A : PENNSYLVANIA
MINOR :
:
:
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APPEAL OF: J.V., MOTHER : No. 187 MDA 2018
Appeal from the Decree September 28, 2017
in the Court of Common Pleas of Schuylkill County
Orphans’ Court at No(s): A-63-182A-17
IN RE: INVOLUNTARY TERMINATION : IN THE SUPERIOR COURT OF
OF PARENTAL RIGHTS TO L.A.V., A : PENNSYLVANIA
MINOR :
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APPEAL OF: J.V., MOTHER : No. 188 MDA 2018
Appeal from the Decree Entered September 28, 2017
in the Court of Common Pleas of Schuylkill County
Orphans’ Court at No(s): A63-183A-17
BEFORE: GANTMAN, P.J., KUNSELMAN, J., and MUSMANNO, J.
JUDGMENT ORDER BY MUSMANNO, J.: FILED NOVEMBER 20, 2018
J.V. (“Mother”) appeals from the Decrees granting the Petitions filed by
the Schuylkill County Children and Youth Services (“CYS”), and involuntarily
terminating Mother’s parental rights to her sons, B.J.V. (born September
2007) and A.M.V. (born May 2016), and her daughters, J.M.V. (born April
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2010) and L.A.V. (born April 2012) (collectively “the Children”), pursuant to
the Adoption Act, 23 Pa.C.S.A. § 2511.1
On March 13, 2017, CYS filed Petitions to involuntarily terminate
Mother’s parental rights to the Children. On September 28, 2017, the
Orphans’ Court entered Decrees involuntarily terminating Mother’s parental
rights to the Children. Mother, acting pro se, filed timely appeals of the
Decrees. Mother’s counsel subsequently withdrew from representation. On
March 28, 2018, the Orphans’ Court appointed substitute counsel for Mother.2
On April 30, 2018, counsel filed an “Advocate’s Statement” indicating that
after a thorough review of the entire record, counsel could not identify any
issues of arguable merit, and that counsel intended to file an “Advocate’s
Brief” in this Court. See Pa.R.A.P. 1925(c)(4) (providing that “in a criminal
case, counsel may file of record and serve on the judge a statement of intent
to file a brief pursuant to Anders v. California, 386 U.S. 738 (1967), in lieu
of filing a Statement.”); see also In re J.T., 983 A.2d 771, 774 (Pa. Super.
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1 The parental rights of the Children’s father, W.M.V. (“Father”), also were
terminated. Father is not a party to this appeal, nor has Father filed his own
appeal.
2 On January 18, 2018, the Orphans’ Court permitted Mother’s prior counsel
to withdraw from representation. On appeal, however, this Court remanded
to the Orphans’ Court for an on-the-record determination of whether Mother
wished to proceed pro se, or for the appointment of new counsel for Mother.
See In re Adoption of C.A.S., 166 A.3d 353, 356 (Pa. Super. 2017)
(recognizing that “[p]arents in involuntary termination proceedings have a
constitutionally-protected right to counsel.”).
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2009) (applying Anders procedure and Pa.R.A.P. 1925(c)(4) to appeals
involving termination of parental rights).
Mother’s counsel subsequently filed an “Advocate’s Brief” in this Court
suggesting that the Orphans’ Court did not err by involuntarily terminating
Mother’s parental rights. Thus, it appears that Mother’s counsel intended to
submit a brief pursuant to Anders and its progeny. However, pursuant to
Anders and Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009), when
counsel determines, after a conscientious review of the record, that there are
no non-frivolous issues for review, counsel must (1) petition the Court for
leave to withdraw, certifying that after a thorough review of the record,
counsel has concluded the issues to be raised are wholly frivolous; (2) file a
brief referring to anything in the record that might arguably support the
appeal; and (3) furnish a copy of the brief to the appellant and advise her of
her right to obtain new counsel or file a pro se brief to raise any additional
points the appellant deems worthy of review. Santiago, 978 A.2d at 358-61.
Substantial compliance with these requirements is sufficient.
Commonwealth v. Wrecks, 934 A.2d 1287, 1290 (Pa. Super. 2007).
Consequently, we direct Mother’s counsel to file with this Court a proper
motion to withdraw. The motion to withdraw must include a copy of counsel’s
letter to Mother enclosing the brief filed by counsel, and fully advising Mother
of her rights to proceed pro se or with newly retained counsel. Counsel has
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seven (7) days from the filing date of this Judgment Order to comply with this
directive.
Superior Court jurisdiction retained.
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