In Re: Interest of C.L v. a Minor, Appeal of: E.V. ( 2017 )

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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
IN RE: INTEREST OF C.L.V., A MINOR IN THE SUPERIOR COURT OF
PENNSYLVANIA
APPEAL OF: E.V., FATHER
No. 54 WDA 2017
Appeal from the Order November 23, 2016
In the Court of Common Pleas of McKean County
Orphans' Court at No(s): 42-16-0112
BEFORE: LAZARUS, J., RANSOM, J., and STEVENS, P.J.E.*
JUDGMENT ORDER BY LAZARUS, J.: FILED JUNE 19, 2017
E.V. (“Father”) appeals from the order, entered in the Court of
Common Pleas of McKean County, terminating his parental rights to C.L.V.,
(DOB: August, 2013).1 After our review, we affirm.
At birth, C.L.V. tested positive for opiates. Bucks County Children and
Youth Services (“CYS”) placed C.L.V. with paternal aunt and her husband
(“Petitioners”). Petitioners reside in Kane, McKean County.
C.L.V. was adjudicated dependent on November 27, 2013, when she
was three months old. C.L.V. has lived with, and has been exclusively
parented by, Petitioners, since she was four days old.
____________________________________________
*
Former Justice specially assigned to the Superior Court.
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The court also terminated Mother’s parental rights. Her separate appeal is
docketed at 254 WDA 2017.
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Father resided with Petitioners for some time after C.L.V.’s birth, but
was incarcerated in October 2013 for a parole violation. Mother left the
Kane area after C.L.V.’s birth. Father and Mother were never married; both
have substance abuse and criminal histories.
On May 20, 2016, Petitioners filed a petition to terminate Father’s
parental rights. See 23 Pa.C.S.A. § 2512(a)(3).2 Following a hearing on
October 5, 2015, the court granted the petition. The order was docketed on
November 23, 2016; a notation on the docket indicates that notice of the
order was sent to the parties on November 29, 2016. Father filed his notice
____________________________________________
2
§ 2512. Petition for involuntary termination
(a) Who may file.--A petition to terminate parental rights with
respect to a child under the age of 18 years may be filed by any
of the following:
(1) Either parent when termination is sought with respect
to the other parent.
(2) An agency.
(3) The individual having custody or standing in loco
parentis to the child and who has filed a report of intention
to adopt required by section 2531 (relating to report of
intention to adopt).
(4) An attorney representing a child or a guardian ad litem
representing a child who has been adjudicated dependent
under 42 Pa.C.S. § 6341(c) (relating to adjudication).
23 Pa.C.S.A. § 2512(a)(3) (emphasis added).
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of appeal and Rule 1925(b) Statement of Errors Complained of on Appeal3
on January 3, 2017.
Our rules of appellate procedure provide: “Except as otherwise
prescribed by this rule, the notice of appeal required by Rule 902 (manner of
taking appeal) shall be filed within 30 days after the entry of the order from
which the appeal is taken.” Pa.R.A.P. 903(a). Rule 108(b) designates the
date of entry of an order as “the day on which the clerk makes the
notation in the docket that notice of entry of the order has been
given as required by Pa.R.C.P. 236(b).” Pa.R.A.P. 108(b) (emphasis
added). See In re K.P., 872 A.2d 1227, 1230 (Pa. Super. 2005) (“An order
(or decree) is ‘entered’ [when] it is entered on the docket and notation is
placed in the record that the clerk of court or prothonotary delivered or
mailed copies of the order to the parties. See Pa.R.A.P. 108(b)).”
(emphasis added).
Father’s appeal was due to be filed within 30 days from November 29,
2016, or by December 29, 2016. This appeal, filed on January 3, 2017, is
untimely, and this Court does not have jurisdiction. See Pa.R.A.P. 903(a).
Appeal quashed.
____________________________________________
3
See Pa.R.A.P. 905(a)(2) (“If the appeal is a children’s fast track appeal,
the concise statement of errors complained of on appeal as described in Rule
1925(a)(2) shall be filed with the notice of appeal and served in accordance
with Rule 1925(b)(1).”).
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Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 6/19/2017
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