Rees v. Office of Children

• Decision Date: 30 September 2010
• Docket Number: Case No. 1:09–cv–283.
• Citation: 744 F.Supp.2d 434
• Parties: Barbara REES, Plaintiff,v.OFFICE OF CHILDREN AND YOUTH, et al., Defendants.
• Court: U.S. District Court — Western District of Pennsylvania

744 F.Supp.2d 434

Barbara REES, Plaintiff,

v.OFFICE OF CHILDREN AND YOUTH, et al., Defendants.

Case No. 1:09–cv–283.

United States District Court, W.D. Pennsylvania.

Sept. 30, 2010.

Joseph P. Rewis, Rewis & Yoder, P.C., Wexford, PA, Richard Julius, Rewis & Yoser, P.C., Pittsburgh, PA, for Plaintiff.G. Jay Habas, Marshall, Dennehey, Warner, Coleman & Goggin, Erie, PA, for Defendants.

MEMORANDUM OPINION

SEAN J. McLAUGHLIN, District Judge.

This civil action arises from events involving the Plaintiff's unsuccessful attempts to obtain custody of her two minor grandchildren following the death of her son, who was the children's biological father. Plaintiff Barbara Rees has asserted a cause of action under 42 U.S.C. § 1983 for the alleged violation of her federal civil rights as well as various claims premised on Pennsylvania tort law. She has named as Defendants the Erie County Office of Children and Youth (“OCY”) and several of its employees and/or agents.

The case was originally commenced in the Erie County Court of Common Pleas and removed to this Court pursuant to 28 U.S.C. § 1441. This Court has subject matter jurisdiction over the case pursuant to 28 U.S.C. §§ 1331, 1343(a) and 1367(a).

Presently pending before me is the Defendants' motion to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted. For the reasons that follow, the motion will be granted insofar as it relates to Plaintiff's federal claim under § 1983. As to the remaining state law claims, this Court will decline to exercise supplemental jurisdiction and will instead remand those claims for further proceedings in state court.

I. FACTUAL BACKGROUND

Pearl Dombrowski (“Pearl”) and Ruby Peterson (“Ruby”) are the minor children of Carrie Peterson (“Peterson”) and Joseph Dombrowski, who is now deceased. (Complaint ¶¶ 1–2.) Plaintiff Barbara Rees (“Rees”) is the mother of Joseph Dombrowski and the paternal grandmother of Pearl and Ruby. ( Id. at ¶ 4.) Defendants Karleen Vogt (“Vogt”) and Cyndi Valimont (“Valimont”) were employed at all relevant times by OCY as, respectively, a caseworker and a supervisor. ( Id. at ¶¶ 8, 11.) Defendant Amy Jones, Esq. is an assistant solicitor for the County of Erie who represented OCY in matters pertinent to this litigation. ( Id. at ¶ 14.)

On or about April 5, 2007, Defendant OCY began an investigation of alleged neglect on the part of Pearl and Ruby's biological mother, Peterson. (Complaint ¶ 20.) Three months later, in July of 2007, the children were taken into custody by OCY and placed into a foster home as the result of a judicial determination that continued placement in Peterson's home would be contrary to the children's welfare. ( Id. at ¶¶ 21–22.)

Prior to these events and the involvement of OCY, Pearl had spent significant time with Rees and, with the agreement of her biological parents, had been cared for by Rees over a period of seven months. (Complaint ¶ 18.) During this same period of time, Peterson had denied Rees custody over Ruby on the ground that she did not believe Joseph Dombrowski to be Ruby's biological father. ( Id. at ¶ 19.)

On August 4, 2007, shortly after the children had been placed into an OCY foster home, Joseph Dombrowski died unexpectedly. (Complaint ¶¶ 21, 24.) On or about that date, genetic tests were taken by the Domestic Relations Section of the Erie County Court of Common Pleas. ( Id. at ¶ 25.)

A few days later, a court hearing was held concerning a Dependent Child Petition filed by OCY on behalf of the children. (Complaint ¶ 26.) At this hearing, Rees notified Defendant Jones and OCY that she wished to assume the responsibilities of her deceased son and care for the children. ( Id. at ¶ 27.) In addition to Rees, several members of the children's biological family advised OCY that they wished to care for and/or adopt Ruby and Pearl. ( Id. at ¶ 28.) Defendants nevertheless refused to allow Rees or other family members to care for or adopt the children on the ground that the paternity of the children had not been officially determined. ( Id. at ¶ 29.)

On or about November 29, 2007, the results of the genetic tests revealed Joseph Dombrowski to be the biological father of both Pearl and Ruby. (Complaint ¶ 31.) Rees was then granted permission to visit the children each week for a period of one hour at the home of the foster parents. Later, these visits were expanded to include activities outside of the foster home for a period of up to one and one-half hours, including travel time. ( Id. at ¶¶ 32–33.)

On December 12, 2007, Rees completed an Emergency Caregiver Kinship Authorization and Consent form and delivered the same to OCY. (Complaint ¶ 34.) Rees was subsequently notified by Defendants Vogt and Valimont that her form would remain on file and that the children would be placed with her only if they were not reunified with their biological mother. ( Id. at ¶ 35.)

On or around January 29, 2008, Rees's then-attorney, James Geronimo, Esq., sent correspondence to Defendant Jones and OCY requesting increased visitation time and reiterating Rees's willingness and ability to take over the care of the children. (Complaint ¶¶ 36–37.) Following this request, Vogt and OCY terminated Rees's weekly visits with the children without stating any reason. ( Id. at ¶ 38.)

Two months later, in March of 2008, Valimont and Vogt advised Rees that her weekly visits would be reinstated under the conditions that they occur at the convenience of the foster parents and that they not exceed two and one-half hours. (Complaint ¶¶ 40–41.) Thereafter, Rees sought overnight visits with the children but was informed by Vogt that such visits would not be allowed as they would interfere with the reunification process between the children and Peterson. ( Id. at ¶¶ 42–43.) Notwithstanding this, the children's foster mother gave Rees verbal approval of her request and indicated that Peterson had never made any attempt to see the children. ( Id. at ¶ 44.)

On or around July 7, 2008, Rees was notified by OCY that the reunification process between the children and their mother had been terminated. (Complaint ¶ 45.) That same day, Defendant Valimont telephoned Rees about her interest in pursuing the Kinship Care process, and the process was re-initiated two days later on July 9. ( Id. at ¶¶ 46–47.) In spite of the kinship care process having been renewed, Plaintiff was notified later that month by the children's foster mother that OCY had informed her it would require agency approval for each of Rees's visits with the children. ( Id. at ¶ 48.)

On or around July 28, 2008, the Court of Common Pleas entered an order involuntarily terminating Peterson's parental rights. ( Id. at ¶ 49.) At that hearing, the children's guardian ad litem recommended that the children be placed with Rees as next of kin; however, Defendant Vogt recommended adoption by the foster parents on the ground that the children's father, who had been raised by Rees, had committed suicide. ( Id. at ¶¶ 50–52.) Notwithstanding these events, Rees's Kinship Care application was approved on or around August 28, 2008 ( Id. at ¶ 53.)

Approximately two weeks later, Rees filed a formal grievance against OCY with Mary Ann Daniels, Director of the Erie County Department for Human Services, Office of Children and Youth Services. (Complaint ¶ 54.) The following day, Rees learned that OCY was cancelling her weekly visits with the children and that it had instructed the children's foster mother not to allow Rees any contact with them. ( Id. at ¶ 55.) Rees avers that this action was taken in retaliation for the formal grievance she filed against the Defendants. ( Id. at ¶ 56.) This cancellation of visits occurred notwithstanding Defendants' awareness that Rees was eligible to care for the children and that her kinship care application had been approved. ( Id. at ¶ 57.) On or around September 22, 2008, OCY transferred responsibility for the matter to a new caseworker, Greg Phillips. (Complaint ¶ 58.)

The following month, Rees filed a second formal grievance against the Defendants, this time with the United States Department of Health and Human Services, which forwarded the grievance on to the Pennsylvania State Office of Children, Youth and Families. ( Id. at ¶¶ 59–61.) By e-mail dated October 30, 2008, Ms. Daniels acknowledged that OCY had been directed to facilitate visitation with Rees and expressed her own uncertainty as to the reason for the “hold-up.” ( Id. at ¶ 62, Ex. E.)

On or around November 3, 2008, Rees received a letter from the Director of OCY stating that she had been selected for “random” urine screens for drugs and alcohol requiring her to call the office every day of the week starting immediately to see when she would have to submit to these tests. (Complaint ¶ 63.) The following day, Rees received an email from Cyndi Gariepy, Program Representative, Pennsylvania State Department of Public Welfare, indicating her concern that “[t]his case was handled very poorly by the agency.” (Complaint ¶ 64, Ex. F.)

On or around November 17, 2008, Rees was advised that, as the result of an investigation of OCY at the state level, her case would be assigned to a new caseworker, Nicole Duplanti, and a new supervisor, Kim Warchol. ( Id. at ¶ 66.) Rees was further advised that she would have to once again recommence the process of submitting to a home study and undergo additional daily “random” drug screening. ( Id. at ¶ 67.) Rees ultimately chose not to participate in the second home study based on her frustration with the process and her treatment by the agency.

Following a “lengthy and thorough review” of OCY's actions by the Pennsylvania Department of Public Welfare, Western Region Office of Children, Youth and Families, the latter agency issued a report of its findings as set forth in correspondence dated January 2, 2009 and appended to the Complaint. (Complaint ¶ 68, Ex. G.) That report...