Opinion
1144 EDA 2024 1145 EDA 2024 1146 EDA 2024 1147 EDA 2024 J-S37008-24
10-10-2024
IN THE INTEREST OF: E. V., A MINOR APPEAL OF: L.L.V., FATHER IN THE INTEREST OF: E.R.V., A MINOR APPEAL OF: L.L.V., FATHER IN THE INTEREST OF: Y.V., A MINOR APPEAL OF: L.L.V., FATHER IN THE INTEREST OF: Y.R.V., A MINOR APPEAL OF: L.L.V., FATHER
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
Appeal from the Order Entered March 26, 2024 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-DP-0001032-2019, CP-51-AP-0000317-2023, CP-51-DP-0001033-2019, CP-51-AP-0000289-2023
BEFORE: BOWES, J., MURRAY, J., and SULLIVAN, J.
JUDGMENT ORDER
BOWES, J.
L.L.V. ("Father") appeals from the decrees terminating his parental rights to his children, Y.V., born December 2017, and E.V., born November 2012, as well as the orders changing each child's permanent placement goal to adoption. Counsel has filed a petition to withdraw and a brief pursuant to Anders v. California, 386 U.S. 738 (1967), Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009), and In re V.E., 611 A.2d 1267, 1275 (Pa.Super. 1992) (extending Anders procedure to "counsel appointed to represent an indigent parent on a first appeal from a decree involuntarily terminating his or her parental rights"). To comply with the requirements of Anders and its progeny, counsel seeking to withdraw must:
This Court consolidated the appeals sua sponte.
(1) petition the court for leave to withdraw stating that after making a conscientious examination of the record and interviewing the [appellant], counsel has determined the appeal would be frivolous;
(2) file a brief referring to anything that might arguably support the appeal, but which does not resemble a "no merit" letter or amicus curiae brief; and
(3) furnish a copy of the brief to [the appellant] and advise him of his right to retain new counsel, proceed pro se or raise any additional points that he deems worthy of the court's attention.In re S.M.B., 856 A.2d 1235, 1237 (Pa.Super. 2004) (cleaned up).
Counsel has filed a petition to withdraw and an Anders brief. To both, counsel attached as an exhibit a letter mailed to Father, which advised him of the request to withdraw and his right to proceed pro se or with new counsel, and included a copy of the brief. However, the certificates and proofs of service to the brief and petition do not reflect that counsel served Father.Since we are unable to ascertain whether counsel furnished a copy of the required documents to Father, we deny counsel's petition to withdraw. See Commonwealth v. Hicks-Franklin, 301 A.3d 909, 2023 WL 4072900, *2 (Pa.Super. 2023) (non-precedential decision) (denying petition to withdraw and ordering counsel to take remedial action to correct, inter alia, service of the requisite documents to the defendant). Within ten days of this judgment order, counsel shall send new copies of the Anders brief, petition to withdraw, and letter to Father, with amended certificates of service demonstrating proper service on Father, and shall file proofs of service with this Court reflecting same. Thereafter, Father shall have thirty days to respond.
There is no certificate or proof of service for the letter.
Petition to withdraw as counsel denied. Panel jurisdiction retained.