Palmisano v. Baltimore County Welfare Bd., 420

• Decision Date: 23 February 1968
• Docket Number: No. 420,420
• Citation: 249 Md. 94,238 A.2d 251
• Parties: Anthony F. PALMISANO et al. v. BALTIMORE COUNTY WELFARE BOARD.
• Court: Maryland Court of Appeals

Page 94

249 Md. 94

238 A.2d 251

Anthony F. PALMISANO et al. v. BALTIMORE COUNTY WELFARE BOARD.

No. 420.

Court of Appeals of Maryland.

Feb. 23, 1968.

Douglas N. Sharretts and Edward J. Angeletti, Baltimore (Louis Peregoff, Towson, on the brief), for appellants.

Jean G. Rogers, Asst. County Sol. (R. Bruce Alderman, County Sol., and Harris James George, Deputy County Sol., Towson, on the brief), for appellee.

Before HAMMOND, C. J., and BARNES, McWILLIAMS, FINAN and SINGLEY, JJ.

FINAN, Judge.

When an adoption proceeding lengthens into prolonged litigation, when such litigation finds its way to the appellate level, one may be sure that behind every legal move and counter move lies an abundance of bitterness and, perhaps, heartbreak. If, to this unfortunate circumstance, one adds a child born out of wedlock to teenage parents who successfully conceal the birth from their own families, who in desperation surrender the child for adoption to a public agency, only to subsequently have a change of heart after the adoptive parents have taken the infant into their home and formed a tender affection for it, the tragedy of the case becomes all too apparent. It is no wonder that, under these conditions, the child may properly be characterized as a 'physical football' of the welfare board. It must follow that the primary concern of this Court is the welfare of the child, rather than the feelings of the adults or near adults who are the dramatis personae.

Madonna Peggy Hale was born in the Spring of 1964, the illegitimate child of Donna Agatha Palmisano, then age seventeen, and Ralph Hale, age twenty. Both young parents were successful in concealing the pregnancy from their parents, respected members of the community. On the advice of an adult friend Donna turned her baby over to the Harford County Welfare Board, which in turn placed it in a foster home. Except for the period between January and October of 1965, when the child was with prospective adoptive parents who later separated, the infant has remained with the original foster parents, and they are now the adoptive parents.

In July of 1964, the parents of the infant spoke to Mrs. Parlett, a Baltimore County Welfare Board social worker, and on July 13 Donna signed a 'Release of Parental Rights,' and in early September the father signed his 'Consent,' thereby turning the baby over to the Baltimore County Welfare Board for adoption.

The primary objection to the entire set of adoption proceedings raised by appellants concerns the hearing on September 10, 1964. On that date the Baltimore County Welfare Board petitioned for guardianship with the right to consent to adoption of Madonna Peggy Hale. A show cause order signed by a clerk of the court was issued, and served upon the mother, who was not sui juris, on that same date by Mrs. Parlett, the social worker. Also on the 10th, the court appointed John B. Farrell, an attorney and a Baltimore County probation bation officer, to be the mother's (Donna Palmisano) guardian ad litem.

The record for the most part contains conflicting accounts of what transpired between Donna Palmisano and her guardian ad litem, however there is sufficient evidence from which certain conclusions may be drawn. It is apparent that Mr. Farrell spent no more than twenty to thirty minutes with Donna Palmisano, part of that time in the presence of Mrs. Parlett and Ralph Hale, the father. The guardian did not inform Donna that the object of the interview was to determine whether she had reason to show cause why the adoption should not be decreed, nor did he explain that a guardian for the baby would be appointed if she raised no objection by October 15. He did not tell her that the guardian would then possess the absolute right to consent to adoption and to change the child's name. He did not tell her that the consent she signed in July was a waiver of notice to her of any proceeding relative to the adoption of the child. He did however tell her that what she had signed had such a degree of finality to it that she could never again get back her child. His guardian's answer, also filed September 10, recited that he adequately informed Donna that once the decree was signed, it extinguished all rights of the natural mother, for all time. It also stated that he was assured by the mother that she was willing to sign a release identical to the July 13 release. The lower court was satisfied that the consequences of the proceedings, in fact, were made known to Donna, and that she understood them.

On October 20, 1964, the circuit court entered a decree giving the Baltimore County Welfare Board guardianship with the right to consent to adoption. On November 5, 1965, over a year later than the decree, the Board sent the consent to adoption to the Harford County Welfare Board. Four days later, the foster parents petitioned the Harford County Circuit Court for adoption of the infant, and the final adoption decree was issued by Judge Stewart Day on November 15, 1965.

Also in November of 1965, Donna Palmisano, the natural mother became increasingly desirous of getting her baby back, and so informed Mrs. Parlett. On November 5, the same date that the Baltimore County board sent its consent to adoption to the Harford County board, Mrs. Parlett notified the Harford County board of the natural mother's desire, and on November 12, after the foster parents had already filed their petition for adoption, the Baltimore County board asked the County Solicitor to obtain an extension of its legal guardianship, which petition was filed on November 17, 1965, two days after the final adoption decree.

The first indication that the October 20, 1964 decree might be questioned occurred on December 15, 1965 when counsel for the appellants (Ralph Hale, Donna Palmisano and her parents) filed an appearance. On January 6, 1966, the natural parents of Madonna Hale were married, possibly for the purpose of strengthening their position in this litigation, and on February 10, appellants formally filed their motion to strike the October 20, 1964 guardianship decree. After a hearing on the petition, held May 24, 1966 the lower court dismissed the appellants' motion to strike and it is from this dismissal that the appeal is taken.

The Maryland rules provide that a court shall have revisory power over an enrolled decree only in cases of fraud, mistake or irregularity. Md.Rule 625 a. The appellants here raise only the issue of irregularity, and it does not take an overly critical inspection of the outlined facts to see that the officials in charge of this adoption acted in a somewhat unorthodox manner. However, this does not necessarily indicate that they were neglectful of their responsibilities or failed to act in the best interests of both parents and child. After a most thorough review of the record, we are of the opinion that the court below did not err in refusing to reopen the October 20, 1964 guardianship decree.

Appellants allege, and appellee concedes, that during the period between the birth of Madonna and the guardianship hearing of September 10, Donna Palmisano was under emotional stress. She felt unable to confide in her parents because her mother, 'an impossible woman who * * * cuts a wide swath socially, but makes everybody around her miserable,' had apparently rejected Donna, and in fact blamed Donna for her mother's miscarriage of a baby boy. Both Ralph Hale and Mrs. Eldridge, a former family friend, described Donna's mother as an emotionally disturbed woman. In such a situation, Mrs. Parlett, the social worker, was under no obligation to inform Donna's parents, and to do so would, in fact, derogate from her duty to protect the interests of Donna and her baby.

The record shows, however, that both Mrs. Parlett and Mr. Farrell took pains to inform the natural parents that the adoption would irrevocably terminate their parenthood. Mrs. Parlett testified that it was her custom to thoroughly explain the effect of the release of parental rights, and that she told Donna that the release was not final until the petition was filed in court and the show cause order expired.

'Q. When you explained this Show Cause Order of September 10, 1964, did you tell Donna that this was an order for her to show cause why adoption should not be decreed? A. Yes. I have made it a firm rule to explain in detail to every minor mother that I am assigned to, and I always say to every one of them, you have this date on here up to this date on here to change your mind, to object to this going through the courts, either in person or by an attorney, and I explain it very fully because it is the law, and I'm sure that every minor mother has the right to know that. I make a strong point of that. I would testify that I told...