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In re Adoption of A.J.B.

Where Office of Children and Youth (OCY) refused to consent to a mother's voluntary relinquishment petition, order dismissing OCY's petition for trial and denying its motion to dismiss mother's petition affirmed; court did not err in imposing a reasonableness standard with respect to OCY's refusal to consent to mother's petition.

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OPINION

� 1 Erie County Office of Children and Youth (“OCY”) appeals the March 16, 2001 Order of the Erie County Court of Common Pleas, Orphans’ Court Division (“Orphans’ Court”), entered by the Honorable Ernest J. DiSantis, Jr., dismissing its petition for a trial, and denying its motion to dismiss a petition to voluntarily relinquish parental rights filed by K.B. (“Mother”) with respect to her daughter, A.J.B., born June 17, 1998. *fn1In this case of first impression, this Court is called upon to determine whether the Orphans’ Court erred in imposing a reasonableness standard with respect to OCY’s refusal to consent to Mother’s voluntary relinquishment petition. For the reasons that follow, we affirm.

� 2 The facts of this case are as follows: On November 9, 1999, A.J.B. was adjudicated dependent and placed in the care and custody of OCY. At the time she was removed from Mother’s custody, A.J.B. had numerous visible injuries. Although the injuries were not inflicted by Mother, the record indicates that Mother failed to obtain appropriate medical care for A.J.B.’s injuries, thus resulting in her conviction for endangering the welfare of A.J.B. Following permanency hearings, the Orphans’ Court granted OCY’s request to proceed with the involuntary termination of Mother’s parental rights with respect to A.J.B. At the time of the involuntary termination trial, however, Mother indicated that she wished to voluntarily relinquish her parental rights to A.J.B. OCY objected on the basis that, pursuant to 23 Pa.C.S.A. � 2501, a petition by Mother and consent by OCY were prerequisites to the voluntary relinquishment of parental rights. The Orphans’ Court granted Mother leave to file a voluntary relinquishment petition, which she filed on December 29, 2000. Following a response by OCY, Mother filed an amended petition on February 12, 2001.

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