In Re: J.C.W., Jr., a minor, Appeal of: J.C.W. (concurring)

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J-S63044-18 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 IN RE: J.C.W., JR., A MINOR APPEAL OF: J.C.W., NATURAL FATHER : : : : : : : : : IN THE SUPERIOR COURT OF PENNSYLVANIA No. 868 WDA 2018 Appeal from the Order Dated May 14, 2018 In the Court of Common Pleas of Bedford County Orphans' Court at No(s): CP-05-DP-0000022-2016 IN RE: J.C.W., JR., A MINOR APPEAL OF: J.C.W., NATURAL FATHER : : : : : : : : : IN THE SUPERIOR COURT OF PENNSYLVANIA No. 869 WDA 2018 Appeal from the Order Dated May 14, 2018 In the Court of Common Pleas of Bedford County Orphans' Court at No(s): CP-05-DP-0000022-2016, No. 10 Adoption 2017 IN RE: S.J.W., A MINOR APPEAL OF: J.C.W., NATURAL FATHER : : : : : : : : : IN THE SUPERIOR COURT OF PENNSYLVANIA No. 870 WDA 2018 Appeal from the Order Dated May 14, 2018 In the Court of Common Pleas of Bedford County Orphans' Court at No(s): 9 Adoption 2017 IN RE: S.J.W., A MINOR : IN THE SUPERIOR COURT OF J-S63044-18 APPEAL OF: J.C.W., NATURAL FATHER : : : : : : : : PENNSYLVANIA No. 871 WDA 2018 Appeal from the Order Dated May 14, 2018 In the Court of Common Pleas of Bedford County Orphans' Court at No(s): DP-23 for the year 2016 IN RE: C.J.W.,A MINOR APPEAL OF: J.C.W., NATURAL FATHER : : : : : : : : : IN THE SUPERIOR COURT OF PENNSYLVANIA No. 872 WDA 2018 Appeal from the Order Dated May 14, 2018 In the Court of Common Pleas of Bedford County Orphans' Court at No(s): No. DP-24 for the year 2016 IN RE: C.J.W., A MINOR APPEAL OF: J.C.W., NATURAL FATHER : : : : : : : : : IN THE SUPERIOR COURT OF PENNSYLVANIA No. 873 WDA 2018 Appeal from the Order Dated May 14, 2018 In the Court of Common Pleas of Bedford County Orphans' Court at No(s): 12 Adoption 2017 IN RE: D.E.W., A MINOR APPEAL OF: J.C.W., NATURAL FATHER : : : : : -2- IN THE SUPERIOR COURT OF PENNSYLVANIA J-S63044-18 : : : : No. 874 WDA 2018 Appeal from the Order Dated May 14, 2018 In the Court of Common Pleas of Bedford County Orphans' Court at No(s): DP- 25 - 2016 IN RE: D.E.W., A MINOR : : : : : : : : : APPEAL OF: J.C.W., NATURAL FATHER IN THE SUPERIOR COURT OF PENNSYLVANIA No. 875 WDA 2018 Appeal from the Order Dated May 14, 2018 In the Court of Common Pleas of Bedford County Orphans' Court at No(s): 11 Adoption 2017 BEFORE: OTT, J., MURRAY, J., and STEVENS , P.J.E. CONCURRING STATEMENT BY OTT, J.: FILED DECEMBER 12, 2018 I agree with the decision of the Majority to affirm the goal change orders and orders terminating the parental rights of Father to C.J.W. and D.E.W. See Appeal Nos. 872 and 873 WDA 2018, and 874 and 875 WDA 2018, respectively. However, I write separately to express my disagreement with this Court’s opinion in In Re K.J.H., 180 A.3d 411 (Pa. Super. 2018), followed by the Majority, to address sua sponte the issue of whether counsel has a conflict ____________________________________________ Former Justice specially assigned to the Superior Court. -3- J-S63044-18 between the legal interests and the best interests of J.C.W., Jr., and S.J.W., when the issue was not raised on appeal by Father. Nevertheless, I acknowledge that this panel is bound by that opinion. See State Farm Fire & Cas. Co. v. Craley, 844 A.2d 573, 575 (Pa. Super. 2004) (stating we are bound by decisions of other panels of this Court until an en banc panel of this Court, the legislature, or the Supreme Court decides otherwise.). Hence, I concur in the decision of the Majority to vacate the goal change orders and orders terminating the parental rights of Father to J.C.W., Jr., and S.J.W. See Appeal Nos. 868 and 869 WDA 2018, and 871 and 872 WDA 2018, respectively. -4-

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