IN RE ADOPTION OF K.A.B.


317 Pa.Super. 223 (1983)

463 A.2d 1166

In re ADOPTION OF K.A.B. Appeal of Marion BUTCHER, Natural Mother of K.A.B.

Supreme Court of Pennsylvania.

Filed July 29, 1983.


Attorney(s) appearing for the Case

James P. O'Connell, Aliquippa, for appellant.

Steven Kocherzat, Ambridge, for appellee.

Robert J. Masters, Beaver Falls, for Children & Youth, participating party.

Robert A. Banks, Ambridge, for father, participating party.

Before ROWLEY, POPOVICH and HOFFMAN, JJ.


HOFFMAN, Judge:

Appellant challenges the burden of proof employed by the lower court in involuntarily terminating her parental rights. Because an improper burden of proof was used, we reverse and remand.

On October 16, 1981, two and one-half years after appellant's child was voluntarily placed in foster care, the Beaver County Child and Youth Services (CYS) petitioned for involuntary termination of appellant's parental rights. After a hearing on December 11...

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