Court upholds parental ruling
The Pennsylvania Superior Court has upheld a decision by former Blair County Judge Jolene G. Kopriva to terminate the parental rights of the mother of a 2-year-old because she “struggles mightily” to address her own problems and cannot provide a safe home for the child.
In an opinion written last Friday by Superior Court Judge John L. Musmanno, the court found Kopriva’s legal conclusions were “sound” when she made her decision to terminate the mother’s rights during a hearing on June 28.
The child is residing with relatives who are a possible adoptive resource.
Kopriva, who retired this month after 30 years on the bench, concluded the child has bonded with his apparent adoptive home, and the relatives openly welcome the mother’s involvement in the child’s life.
“This has provided the biological connection which (the child) needs, and the safety and protection of a healthy home meeting his developmental, physical and emotional needs,” the
judge stated.
The mother, through Altoona area attorney Matthew R. Dombrosky, filed an appeal with the Superior Court in August, contending the judge abused her discretion by finding “clear and convincing evidence” supporting termination of the mother’s parental rights.
The case was placed on the court’s “fast track” for disposition.
The parental rights of the child’s father have also been terminated, but he did not appeal the decision.
The case involving the child came to light in June 2015, when Blair County Children, Youth & Families launched an investigation into an untreated cigarette burn on an older child in the household. During that investigation, it was discovered the younger child had an infection in the diaper area and was suffering from pneumonia, both situations untreated.
CYF caseworkers also found roaches, bed bugs and lice in the home.
Both children were removed from the home. The older child was a daughter from the father’s prior relationship, and she has since moved in with her natural mother in another area of the state.
Meanwhile, the Blair County mother of the 2-year-old was found suffering from mental health and drug and alcohol problems and needing assistance in finding stable housing.
Little improvement was seen during the ensuing 15 months, according to Kopriva’s findings.
“In over 15 months, mother has not stabilized her living conditions or built parenting capacities that can provide safety (for the child).
“She continues to struggle with her mental health, which leads to self-medication, broken relationships and a sense of victimization, rather than hope for change and responsibility,” the judge concluded.
Kopriva called the situation “tragic and sad.”
After reviewing the record, the three-judge Superior Court panel added comments of its own, pointing to testimony by a CYF caseworker who expressed concern about the lack of food and diapers in the home.
The panel also pointed to “several positive drug test results” by the mother and the fact that she had not successfully completed her mental health treatment.
“Mother was not consistently taking her medications, and ‘follow-through’ has not been good,” according to the panel which included Musmanno, and Judges Jacqueline O. Shogan and Paula Fransisco Ott.
This was the first parental termination case from Blair County decided by the Superior Court this year.





