The Commonwealth Court affirmed the Unemployment Compensation Board of Review's denial of unemployment benefits to the petitioner based on willful misconduct for refusing to return to work after the employer made reasonable accommodations.
Appeal, No. 169, July T., 1893, by defendants, from judgment of C. P. Union Co., Dec. T., 1888, No. 66, on verdict for plaintiff. Ejectment against tenants in possession for undivided one half of tract of land in Kelly township, known as the “ Clingan Farm.” Before McClubb, P. J. The evidence on behalf of defendant was summed up in the third assignment of error as follows: “That John L. Lewis died on May 20, 1869, leaving to survive him, five children : Thomas S. Lewis, the plaintiff; and Mrs. Rebecca Lamb, Mrs. Deborah Harris, Miss Sarah J. Lewis, Mrs. Martha E. Zeigler, his daughters, the defendants. “ That about the year 1841, John L. Lewis, the father, purchased a tract of land in Centre county, of about 600 acres, and moving to that place, at that early date, being then a man of over 60 years of age, proceeded to make provision for his family. He had at that time another son, named Reese. He divided the land into three parts — one end of 150 acres for Thomas, the other end for Reese of 150 acres, the center portion for himself and daughters. Houses and barns were erected on the premises, the whole family working together, the means coming from the father. Both Reese and Thomas were unmarried. The enjoyment of the one part was given to Thomas, although no deed was executed to him or to Reese, the father remarking that they would get them in time. Reese died unmarried and without issue. John L. Lewis sold Reese’s part and the central part, realizing about the sum of $12,000 to $15,000, and as there were about 20 acres adjoining Thomas, which the purchaser did not want, it was thrown over into Thomas’s farm, making it about 173 acres, 30 perches, and is known in this proceeding as the ‘ Centre county farm.’ “ In 1855 he purchased what is known as the Homestead, at Lewisburg, and removed there. “ In 1855 he purchased what is known as the Clingan farm, (the undivided half of which is the subject of this action), for $2,56
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The Rio Blanco County Department of Human Services (Department) became involved with the parents in this case as a result of concerns about the children's welfare due to the condition of the family home, the parents' use of methamphetamine, and criminal cases involving the parents. Attempts at voluntary services failed, and on the Department's petition for dependency and neglect, the district court ultimately terminated the parents' rights. On appeal, the parents contended that the Department failed to make reasonable efforts to reunify them with their children. Specifically, the parents contended that the Department did not give them sufficient time to complete the services under their treatment plans and failed to accommodate their drug testing needs. The termination hearing was not held until more than a year after the motion to terminate was filed. For nine months before the motion to terminate was filed, the Department provided numerous services to the parents, including substance abuse therapy, therapeutic visitation supervision, drug abuse monitoring, and a parental capacity evaluation. The Department also provided counseling for the children. Both parents missed drug tests and tested positive during the testing period, and both were arrested for possession of methamphetamine during the pendency of the case. The Department made reasonable accommodations to meet the parents' needs and the parents had sufficient time to comply with their treatment plans. The record supports the trial court's findings that termination was appropriate because (1) the court-approved appropriate treatment plan had not been complied with by the parents or had not been successful in rehabilitating them (2) the parents were unfit and (3) the conduct or condition of the parents was unlikely to change within a reasonable time. Father also contended that the trial court's decision to interview the 9-year-old twin children together in chambers fundamentally and seriously affected the basi
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