J-S02044-15
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
IN RE: ADOPTION OF J.J.A.B., JR. IN THE SUPERIOR COURT OF
PENNSYLVANIA
APPEAL OF: L.A.B., MOTHER
No. 2303 EDA 2014
Appeal from the Decree of July 1, 2014
In the Court of Common Pleas of Delaware County
Orphans’ Court at No.: 0120-2013
BEFORE: MUNDY, J., OLSON, J., and WECHT, J.
MEMORANDUM BY WECHT, J.: FILED JANUARY 28, 2015
L.A.B. (“Mother”) appeals the July 1, 2014 decree that involuntarily
terminated her parental rights to her son, J.J.A.B. (“Child”), who was born in
August 2004. After careful review, we affirm.
The record supports the following summary of the factual and
procedural history of this case. In June of 2011, a relative reported to the
Delaware County Department of Children and Youth Services (“CYS”) that
Mother and Child were wandering the streets homeless. The relative also
reported that Mother’s mental health was deteriorating, that Mother had
removed Child from school, and that Child’s teeth were decaying. CYS was
unable to locate Mother or Child, and the agency terminated its investigation
in July of 2011.
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On October 17, 2011, CYS received a second report from a relative
indicating that Mother had been involuntarily committed to Crozer Chester
Medical Center following a 302 hearing.1 Mother falsely reported to the
Brookhaven Police Department that her entire family had been murdered.
Officers went to the scene of the alleged homicides, but found no evidence
that any crime had been committed. After speaking with Mother’s father,
the police assured Mother that her family was alive and well. Nevertheless,
Mother continued to insist that her father had been killed and “cloned.”
Notes of Testimony (“N.T.”), 5/19/2014, at 10.
In response to Mother’s involuntary commitment, CYS implemented a
safety plan and placed Child with his paternal grandmother.2 Following
Mother’s release from Crozer Chester Medical Center, Mother refused to
cooperate with CYS’s investigation. On October 31, 2011, Mother violated
the safety plan by removing Child from his grandmother’s home. CYS
sought protective custody of Child, which the trial court awarded on
November 2, 2011. On November 3, 2011, the Chester Police Department
located Mother and Child. Mother was arrested and charged with
interference with the custody of children, obstructing the administration of
____________________________________________
1
See 50 P.S. § 7302 (allowing for involuntary emergency examination
and treatment not exceeding one hundred twenty hours).
2
Child’s biological father, J.B., was the victim of a homicide in 2004.
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law or other governmental function, and endangering the welfare of
children.3 Child initially was placed in a foster home, but later was returned
to his paternal grandmother.
On November 29, 2011, the trial court adjudicated child dependent
and awarded physical and legal custody to CYS. CYS attempted to provide
Mother with services designed to assist her in regaining custody of Child, but
Mother refused to comply with CYS’s recommendations. Specifically, Mother
refused (1) to participate in parenting classes; (2) to seek mental health
treatment; and (3) to undergo a drug and alcohol evaluation. Despite
Mother’s uncooperativeness, CYS continued to develop a plan to reunify
Mother and Child.
Mother’s dealings with CYS became increasingly hostile, with Mother
frequently expressing delusional beliefs about CYS and its involvement with
Child. For example, Mother believed that CYS had kidnapped Child and that
CYS caseworkers were actively stalking her. Mother also alleged that CYS
had “surgically altered” Child. N.T., 5/19/2014, at 48. In January of 2012,
Mother filed for a protection from abuse order4 against CYS caseworkers.5
____________________________________________
3
18 Pa.C.S. §§ 2904, 5101, and 4304, respectively.
4
See 23 Pa.C.S. §§ 6106, et seq.
5
The petition ultimately was denied.
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On February 16, 2012, Stephen Mechanick, M.D., conducted a
psychiatric evaluation of Mother and concluded that she did not have the
ability safely and adequately to parent Child. Dr. Mechanick explained as
follows:
When I met with [Mother,] I thought she was guarded and
suspicious. She didn’t appear to be particularly depressed or
anxious and she described her mood as “good” and “normal.”
[Mother’s] thought content showed evidence of paranoia and
paranoid delusions. She did not have any suicidal or violent
thoughts and she denied experiencing any auditory or visual
hallucinations. I thought she had some difficulty with some of
the cognitive evaluation, including naming presidents in order,
subtraction, fund of information. I ask people to name three
major U.S. cities and she had difficulty with that. And she had
some difficulty with abstraction. So there was some cognitive
difficulty that she displayed during my examination.
***
My conclusion was that her current diagnosis at that time was
delusional disorder, persecutory type. Basically, she appeared to
have a psychotic disorder with these paranoid features and
delusions for many years[.] I also thought she had poor insight
about her mental illness. She also had poor insight about how
her mental illness might be affecting [Child.] And I also noted
some concern about potential safety issues for [Child] were she
to act on her paranoid thoughts while with [him].
***
At the time I recommended that [Mother] have psychiatric
treatment. I thought she should have counseling to try to help
her understand the nature of her mental illness. I thought that
she should be prescribed medication to see if it could reduce or
eliminate her delusional thinking. I recommended parenting
classes to improve her parenting skills, as well as to provide
feedback about how she actually was performing with her
parenting. I recommended that all visits be supervised because
of her history . . . with her son as well.
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N.T., 5/19/2014, at 14-16.
Despite Dr. Mechanick’s recommendations and CYS’s reunification
plan, Mother continued to insist that she was not suffering from any
psychological issues and refused to participate in any of the mental health
services offered by CYS. Mother also refused to participate in a bonding
evaluation between herself and Child. She refused to assist CYS with
general case planning. She refused to disclose any information regarding
her living situation or her employment status. Mother’s dealings with CYS’s
caseworkers were often argumentative, and she attended only fourteen of
the fifty-two bi-weekly visits with Child that CYS offered her.
On November 21, 2013, CYS filed a petition to terminate Mother’s
parental rights. The trial court held hearings on the petition on May 19,
2014, and June 27, 2014. On July 2, 2014, the court issued a decree
terminating Mother’s parental rights pursuant to 23 Pa.C.S. §§ 2511(a)(1),
(a)(2), (a)(5), (a)(8), and (b). On July 29, 2014, Mother timely filed a
notice of appeal and a concise statement of errors complained of on appeal
pursuant to Pa.R.A.P. 1925(a)(2)(i). On September 5, 2014, the trial court
filed its Rule 1925(a) opinion.
Mother presents the following questions for our review:
1. Whether the trial court’s rulings were supported by sufficient
evidence.
a. The trial court erred in determining that [CYS] met its
burden of proof by clear and convincing evidence that
the statutory requirements of 23 Pa.C.S.A.
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[§§] 2511(a)(1), (a)(2), (a)(5) and (a)(8) had been
met for the involuntary termination of parental rights.
b. The trial court erred in finding that CYS adequately
provided Mother with the necessary services and
assistance required under the proposed CYS service
plan consistent with the stated goal of reunification.
c. The trial court erred in finding that there was sufficient
evidence present to establish the conditions which led
to the removal or placement of the child continue to
exist and that the involuntary termination of parental
rights would best serve the needs and welfare of the
trial [sic].
2. Whether the trial court’s rulings were supposed [sic] by the
weight of the evidence.
a. The trial court erred in failing to consider the totality of
the circumstances concerning the custodial issues
between Mother and the paternal family members that
gave rise to the initial removal of the child from
Mother’s custody.
b. The trial court erred in failing to give the medical
opinions of Mother’s experts sufficient weight in issues
pertaining to her mental health.
Brief for Mother at 4 (capitalization modified; footnote omitted).
It is well-established that we must accept the trial court’s findings that
are supported by competent evidence, and we will defer to the trial court on
issues of credibility and weight of the evidence. In re Adoption of T.B.B.,
835 A.2d 387, 394 (Pa. Super. 2003) (holding that if the trial court’s findings
are supported by competent evidence we will affirm even if the record could
also support another result). Consequently, both of Mother’s issues,
although couched in terms of the sufficiency and weight of the evidence, are
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governed by a single inquiry, i.e., whether the trial court’s findings are
supported by competent evidence.
The standard and scope of review applicable in termination of parental
rights cases are as follows:
When reviewing an appeal from a decree terminating parental
rights, we are limited to determining whether the decision of the
trial court is supported by competent evidence. Absent an abuse
of discretion, an error of law, or insufficient evidentiary support
for the trial court’s decision, the decree must stand. Where a
trial court has granted a petition to involuntarily terminate
parental rights, this Court must accord the hearing judge’s
decision the same deference that it would give to a jury verdict.
We must employ a broad, comprehensive review of the record in
order to determine whether the trial court’s decision is supported
by competent evidence.
In re B.L.W., 843 A.2d 380, 383 (Pa. Super. 2004) (en banc) (internal
citations omitted).
Furthermore, we note that the trial court, as the finder of fact, is
the sole determiner of the credibility of witnesses and all
conflicts in testimony are to be resolved by [the] finder of fact.
The burden of proof is on the party seeking termination to
establish by clear and convincing evidence the existence of
grounds for doing so.
In re Adoption of A.C.H., 803 A.2d 224, 228 (Pa. Super. 2002) (internal
citations omitted).
This Court has explained the proper analysis for a termination petition,
as follows:
[U]nder Section 2511, the court must engage in a bifurcated
process prior to terminating parental rights. Initially, the focus
is on the conduct of the parent. The party seeking termination
must prove by clear and convincing evidence that the parent’s
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conduct satisfies the statutory grounds for termination
delineated in Section 2511(a). Only after determining that the
parent’s conduct warrants termination of his or her parental
rights must the court engage in the second part of the analysis:
[the] determination of the needs and welfare of the child under
the standard of best interests of the child. Although a needs and
welfare analysis is mandated by the statute, it is distinct from
and not relevant to a determination of whether the parent’s
conduct justifies termination of parental rights under the statute.
One major aspect of the needs and welfare analysis concerns the
nature and status of the emotional bond between parent and
child.
In re Adoption of C.L.G., 956 A.2d 999, 1004 (Pa. Super. 2008) (en banc)
(citations omitted).
Instantly, the trial court involuntarily terminated Mother’s parental
rights pursuant to 23 Pa.C.S. §§ 2511(a)(1), (a)(2), (a)(5), (a)(8), and (b).
However, we may affirm the trial court’s ruling by finding that sufficient
grounds for termination have been established pursuant to any one
subsection of 2511(a). See In re B.L.W., 843 A.2d at 384. Accordingly,
we confine our review to the trial court’s analysis under subsections
2511(a)(8) and (b), which provide as follows:
(a) General rule.—The rights of a parent in regard to a child
may be terminated after a petition filed on any of the following
grounds:
***
(8) The child has been removed from the care of the
parent by the court or under a voluntary agreement with
an agency, 12 months or more have elapsed from the date
of removal or placement, the conditions which led to the
removal or placement of the child continue to exist and
termination of parental rights would best serve the needs
and welfare of the child.
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***
(b) Other considerations.—The court in terminating the rights
of a parent shall give primary consideration to the
developmental, physical and emotional needs and welfare of the
child. The rights of a parent shall not be terminated solely on
the basis of environmental factors such as inadequate housing,
furnishings, income, clothing and medical care if found to be
beyond the control of the parent. With respect to any petition
filed pursuant to subsection (a)(1), (6) or (8), the court shall not
consider any efforts by the parent to remedy the conditions
described therein which are first initiated subsequent to the
giving of notice of the filing of the petition.
23 Pa.C.S. § 2511.
To terminate parental rights pursuant to 23 Pa.C.S.
§ 2511(a)(8), the following factors must be demonstrated:
(1) the child has been removed from parental care for 12
months or more from the date of removal; (2) the conditions
which led to the removal or placement of the child continue to
exist; and (3) termination of parental rights would best serve the
needs and welfare of the child. Section 2511(a)(8) sets a 12-
month time frame for a parent to remedy the conditions that led
to the [child’s] removal by the court. Once the 12-month period
has been established, the court must next determine whether
the conditions that led to the child’s removal continue to exist,
despite the reasonable good faith efforts of [the child welfare
agency] supplied over a realistic time period. Termination under
Section 2511(a)(8) does not require the court to evaluate a
parent’s current willingness or ability to remedy the conditions
that initially caused placement or the availability or efficacy of
[the child welfare agency’s] services.
In re K.Z.S., 946 A.2d 753, 759 (Pa. Super. 2008) (citations omitted).
Regarding the “needs and welfare” analysis required by subsections
2511(a)(8) and (b), we have observed as follows:
[I]nitially, the focus in terminating parental rights is on the
parent, under Section 2511(a), whereas the focus in Section
2511(b) is on the child. However, Section 2511(a)(8) explicitly
requires an evaluation of the “needs and welfare of the child”
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prior to proceeding to Section 2511(b), which focuses on the
“developmental, physical and emotional needs and welfare of the
child.” Thus, the analysis under Section 2511(a)(8) accounts for
the needs of the child in addition to the behavior of the parent.
Moreover, only if a court determines that the parent’s conduct
warrants termination of his or her parental rights, pursuant to
Section 2511(a), does a court “engage in the second part of the
analysis pursuant to Section 2511(b): determination of the
needs and welfare of the child under the standard of best
interests of the child.” Accordingly, while both Section
2511(a)(8) and Section 2511(b) direct us to evaluate the “needs
and welfare of the child,” we are required to resolve the analysis
relative to Section 2511(a)(8), prior to addressing the “needs
and welfare” of [the child], as proscribed by Section 2511(b); as
such, they are distinct in that we must address Section 2511(a)
before reaching Section 2511(b).
In re C.L.G., 956 A.2d at 1008-09 (citations omitted).
Mother concedes that the first element of subsection 2511(a)(8) has
been met, because Child has been removed from her care for more than
twelve months. Brief for Mother at 23. Mother’s argument as to the second
element consists of nothing more than the conclusory assertion that “the
conditions which led to the removal of [Child] do not continue to exist and
the same was not proven by clear and convincing evidence.” Id. We
disagree.
In finding termination warranted under subsection (a)(8), the trial
court relied upon competent evidence that Mother refused to seek
psychiatric treatment or to participate in counseling. Specifically, Angela
Phillips, a CYS supervisor, testified that Mother consistently denied having
any psychiatric symptoms or disorders, and refused to undergo any mental
health treatment. N.T., 5/19/2014, at 47, 53. Dr. Mechanick similarly
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opined that Mother was unwilling to address her mental health issues and
that, without treatment, she is unable to care safely and adequately for
Child. Id. at 16.6
Additionally, CYS presented evidence that Mother exhibited persistent
delusional beliefs, which caused her to become argumentative and
uncooperative with the CYS caseworkers. For example, Mother accused CYS
of “surgically altering” Child. She also filed for a protection from abuse order
against the agency. Id. at 48, 56. Mother also refused to provide CYS with
information regarding her housing situation or her employment status. Id.
at 57. The trial court relied upon ample evidence that Mother’s delusional
thinking, as evidenced by her often-erratic behavior, continued to go
unremedied for over two years following Child’s removal.
Finally, the third prong of subsection 2511(a)(8) requires CYS to
demonstrate that termination would serve the needs and welfare of Child.
Here, the trial court made the following findings:
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6
Mother contends that the trial court erred “in failing to give the
appropriate weight to the reports submitted by her own expert, Dr. Graff,
who determined that Mother had a normal mental health status.” Brief for
Mother at 29. Indeed, Mother offered a report prepared by Harold Graff,
M.D., which contradicted Dr. Mechanick’s assessment of Mother’s illness.
Nevertheless, the trial court noted that Dr. Graff’s report lacked a significant
psychiatric history and was based primarily upon Mother’s self-reporting.
Trial Court Opinion (“T.C.O.”), 9/5/2014, at 10 (unnumbered). Because we
must defer to the trial court on issues of credibility and weight of the
evidence, Mother’s argument is without merit. See In re Adoption of
T.B.B., 835 A.2d at 394.
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The evidence in this case irrefutably supports the finding that
Mother is mentally ill and her prognosis for recovery is poor.
She remains defiant and unwilling to cooperate with CYS or
participate in services made available. Her mental status and
decisions render her incapable of providing essential parental
care and control of the child for an indefinite time. In the
meantime, [Child] has been placed in circumstances where
physical, mental and emotional needs are fully met. Despite the
objective harshness of this outcome to Mother, there is no
reason or justification to allow [Child] to wait at the train
platform for the unscheduled train that will never arrive.
Trial Court Opinion (“T.C.O.”), 9/5/2014, at 11 (unnumbered). Mother’s
brief is devoid of any discussion of the “needs and welfare” analysis required
by subsection 2511(a)(8), and our review of the record demonstrates that
the above findings and conclusions are supported by competent evidence.
Mother also challenges the trial court’s finding that termination of her
parental rights would best serve “the developmental, physical and emotional
needs and welfare of” Child as required by subsection 2511(b). “Intangibles
such as love, comfort, security, and stability are involved in the inquiry into
the needs and welfare of the child.” In re C.M.S., 884 A.2d 1284, 1287
(Pa. Super. 2005) (citation omitted). The trial court also must consider the
nature and status of the parent-child bond, particularly the effect upon the
child of permanently severing that bond. Id.
The court may prioritize the safety needs of the child. See In re
K.Z.S., 946 A.2d at 763 (affirming involuntary termination of parental
rights, despite existence of some bond, where placement with mother would
be contrary to child’s best interests). “[A] parent’s basic constitutional right
to the custody and rearing of his or her child is converted, upon the failure
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to fulfill his or her parental duties, to the child’s right to have proper
parenting and fulfillment of [the child’s] potential in a permanent, healthy,
safe environment.” In re B.,N.M., 856 A.2d 847, 856 (Pa. Super. 2004)
(internal citations omitted).
Here, Mother argues that the best interests of the Child would be
better served by allowing Child to remain in foster care while Mother
continues to take steps toward reunification. Brief for Mother at 27. Mother
also notes that CYS’s own report acknowledged that Mother and Child shared
a bond and that it was apparent that Child cared for his mother. Id.
It is undisputed that Child has a bond with Mother. However, the trial
court relied upon competent evidence to conclude that severance of that
bond would not cause Child undue dismay. Cynthia Conan, a licensed
clinical social worker who provided individual counseling and emotional
support to Child, stated that, “[Child] said he understood that his mother
cannot take care of him and he hopes she is okay. He says he is happy with
his paternal grandmother. He understands that he may live with her until he
is grown. He seems apparently healthy and happy in her care.” N.T.,
5/19/2014, at 40 exh. 8.
The trial court also had before it a bonding evaluation conducted
between Child and his paternal grandmother. That report concluded that the
relationship between paternal grandmother and Child was positive and that
Child was thriving. Id. at 65-66. Child’s mental, physical, emotional, and
developmental needs have been met by his paternal grandmother. Id.
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Child continues to receive instructional and emotional support in school, and
he participates in individual counseling and mental health therapy. Id. at
63. In contrast, Mother refused to attend a bonding evaluation with Child.
Mother also testified that she was unaware of Child’s special needs. N.T.,
6/27/2014, at 41.
For the forgoing reasons, the trial court’s termination of Mother’s
parental rights pursuant to 23 Pa.C.S. §§ 2511(a)(8) and (b) is supported by
clear and convincing evidence; the trial court did not abuse its discretion in
so finding.
Decree affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 1/28/2015
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