J-A28036-16
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
IN THE INTEREST OF: S.K., A MINOR IN THE SUPERIOR COURT OF
PENNSYLVANIA
APPEAL OF: S.K., MOTHER
No. 1599 EDA 2016
Appeal from the Order Entered April 27, 2016
in the Court of Common Pleas of Delaware County
Orphans’ Court at Nos.: 0017-2015
FID: 23-FN-000008-2013
BEFORE: PANELLA, J., SHOGAN, J., and PLATT, J.*
MEMORANDUM BY PLATT, J.: FILED JANUARY 24, 2017
Appellant, S.K. (Mother), appeals from the order and decree of the
Court of Common Pleas of Delaware County, entered April 27, 2016,
resulting in the involuntary termination of her parental rights to her
daughter, S.K. (Child), born in September of 2006. Mother challenges the
sufficiency of the evidence. We affirm.1
____________________________________________
*
Retired Senior Judge assigned to the Superior Court.
1
The trial court also terminated the parental rights of Child’s father, R.E. He
did not appeal that termination or participate in this appeal.
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We derive the facts of this case from the trial court’s findings of fact
(see Adjudication, Findings of Fact, 4/24/16, at unnumbered pages 1-8),
and our independent review of the certified record.2
On January 4, 2013, Delaware County Children and Youth Services
(CYS) received reports that Child, age six at the time, was home alone
during a school day. The Upper Darby Police Department found Child alone
on a mattress on the floor near an electric space heater.
Further investigation revealed that Mother had gone to New York City
for the day. It turned out that she had done this several times before. (See
id. at 1). When Mother returned from New York City, the police arrested her
for endangering the welfare of a minor. That same day she signed a
voluntary placement agreement, and Child was temporarily placed at Christ’s
Home for Children in Warminster, PA.
On January 29, 2013, the trial court found that Child was without
proper parental care and control, and adjudicated her dependent. CYS
placed Child with relatives. Child has remained in the legal custody of CYS
since the original placement on January 4, 2013.
Mother often proved to be uncooperative with CYS and other service
providers. Sometimes she was argumentative. She refused to sign
appropriate documentation because she denied the underlying factual
____________________________________________
2
We note for completeness and clarity that, although dated 4/24/16, the
adjudication was time stamped 4/25/16, and docketed on 4/27/16.
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allegations. She accused the staff at Christ’s Home of fabricating a
confrontation by her. On July 16, 2014, the trial court, after hearing
evidence of Mother’s failure to make progress toward her goals for
reunification, changed Child’s permanency goal from reunification to
adoption. (See id. at unnumbered page 5, ¶ 40).
On or about March 2, 2015, CYS filed a petition to terminate Mother’s
parental rights pursuant to 23 Pa.C.S.A. §§ 2511(a)(1), (2), (5), (8), and
(b). On November 2, 2015, the court held a hearing on that petition.3
CYS had begun to provide services to Mother and Child when the trial
court placed Child in the physical and legal custody of CYS on January 4,
2013. As part of that process, CYS requested a psychological evaluation of
Mother to address concerns about Mother’s mental health. Dr. Dybner-
Madero subsequently evaluated Mother and concluded that she had
significant emotional issues. She testified that she recommended that
Mother undergo an overall psychiatric evaluation, and participate in
individual therapy as well as a parenting course. (See N.T. Hearing,
11/02/15, at 35-36). CYS regularly attempted to consult with Mother
____________________________________________
3
Testifying for CYS at that hearing were supervising caseworker, Kiesha
Durrant; psychologist Karen Dybner-Madero, Psy.D.; and Stephen
Mechanick, M.D. a psychiatrist. The trial court found that Mother received
proper notice of the hearing. Nevertheless, Mother failed to appear,
claiming that she did not want to attend without new counsel. (See N.T.
Hearing, 11/02/15, at 5-12).
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regarding her mental health issues, Dr. Dybner-Madero’s recommendations,
and the services available to Mother. Mother, however, refused to cooperate
with CYS, alleged that Dr. Dybner-Madero was biased, and initially refused
CYS’ request for a psychiatric evaluation.
Subsequently, however, Mother informed CYS that she had undergone
a psychiatric evaluation at Northwestern Human Services (NHS) on April 18,
2013.4 The NHS evaluation reported that Mother had a history of post-
traumatic stress disorder (PTSD), and panic attacks. The evaluator
recommended that Mother attend therapy.
Dr. Mechanick testified that he conducted a psychiatric evaluation of
Mother on June 10, 2013. (See id. at 13). Dr. Mechanick diagnosed Mother
as suffering from personality disorder with paranoid and narcissistic
features. The narcissistic personality traits that Mother exhibited included a
sense of being special, a sense of entitlement, a lack of empathy, and
arrogant, haughty behaviors and attitudes. The paranoid personality traits
that Mother exhibited included her suspicion that others are exploiting and
harming her, and a reluctance to provide information because of fear that it
____________________________________________
4
While the trial court references the NHS evaluation, the report itself is not
included in the record before us. (See Findings of Fact, at unnumbered
page 4, ¶ 27).
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would be used against her. Dr. Mechanick recommended that Mother
participate in individual counseling.5
Mother completed the Darby Parents and Children Together Program.
(See id. at 89). CYS then referred Mother to the Elwyn Visitation Program
in May of 2014. Elwyn discharged Mother from that program on July 16,
2014, caused by Mother’s lack of cooperation, inappropriate comments she
made during visitation and her intermittent refusals to engage with Child.
As part of the Elwyn Visitation program CYS had offered Mother visits in her
home, but she declined. (See id. at 90; see also Findings of Fact, at
unnumbered page 5, ¶ 52, 53).
In November of 2014, Child relocated to the State of Georgia to live
with her maternal aunt. With one exception, Mother refused CYS’ offer to
pay her travel expenses to visit with Child in Georgia once each month. The
last time Mother visited with Child was in February of 2015.
Mother refused to consult with CYS about her Family Service Plan, that
included obtaining suitable stable housing and mental health treatment.
Instead of acknowledging the issues, Mother blamed CYS and others for her
difficulties. Ms. Durrant, the supervising caseworker, testified that “[Mother]
would meet with us periodically throughout the history of the case where we
____________________________________________
5
Mother apparently claimed that she was seeking mental health treatment
on her own, but failed to provide CYS with treatment records. (See N.T.
Hearing, at 117).
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would discuss recommendations and services with her and, at times, she
would be extremely argumentative and just refuted some of the
recommendations and some of the things in our Court Order and our family
service plan during those meetings.” (N.T. Hearing, at 98-99). Despite
being offered and provided extensive agency services, Mother has failed to
seek treatment to correct the mental health issues that are preventing her
from properly parenting Child.
Child has lived in Georgia in foster care with her maternal aunt, a
kinship adoptive resource, since November 22, 2014.6 Child’s maternal
grandmother and her maternal uncle have also relocated to Georgia to be
available as additional resources to provide support, love and an extended
family for Child. Child has bonded with her maternal aunt. Kiesha Durrant,
the supervising caseworker, testified that Child is thriving in the care of her
aunt and that in her opinion it would be in the best interest of Child to
remain in her aunt’s foster care and be adopted. (See id. at 101-02).
On April 27, 2016, the trial court entered its adjudication terminating
Mother’s parental rights pursuant to 23 Pa.C.S.A. §§ 2511(a)(1), (2), (5),
____________________________________________
6
From her adjudication of dependency until November 22, 2014, Child
resided with her maternal grandmother.
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(8), and (b).7 Mother filed a timely notice of appeal on May 25, 2016, and
her concise statement of errors complained of on appeal on June 9, 2016.8
Mother raises one question on appeal:
1. Whether the trial court abused its discretion in granting the
Petition for Involuntary Termination of Parental Rights when
there was insufficient evidence presented to support same and
CYS failed to establish its burden of proof by clear and
convincing evidence[?]
(Mother’s Brief, at 7).
Our scope and standard of review are well-settled:
In an appeal from an order terminating parental rights, our
scope of review is comprehensive: we consider all the evidence
presented as well as the trial court’s factual findings and legal
conclusions. However, our standard of review is narrow: we will
reverse the trial court’s order only if we conclude that the trial
court abused its discretion, made an error of law, or lacked
competent evidence to support its findings. The trial judge’s
decision is entitled to the same deference as a jury verdict.
In re L.M., 923 A.2d 505, 511 (Pa. Super. 2007) (citations omitted).
Furthermore,
Where the hearing court’s findings are supported by
competent evidence of record, we must affirm the hearing court
even though the record could support an opposite result.
____________________________________________
7
We note for clarity that the Adjudication itself is dated “4/25/16.”
8
We accept Mother’s late filing of her concise statement and decline to
quash or dismiss on the basis of the late filing. There was no objection or
claim of prejudice from CYS for the late filing. See In re K.T.E.L., 983 A.2d
745, 748 (Pa. Super. 2009).
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We are bound by the findings of the trial court which
have adequate support in the record so long as the
findings do not evidence capricious disregard for
competent and credible evidence. The trial court is free to
believe all, part, or none of the evidence presented, and is
likewise free to make all credibility determinations and
resolve conflicts in the evidence. Though we are not
bound by the trial court’s inferences and deductions, we
may reject its conclusions only if they involve errors of law
or are clearly unreasonable in light of the trial court’s
sustainable findings.
In re M.G., 855 A.2d 68, 73-74 (Pa. Super. 2004) (citations omitted).
Here, the trial court terminated Mother’s parental rights pursuant to 23
Pa.C.S.A. §§ 2511(a)(1), (2), (5), (8), and (b). To affirm the termination of
parental rights, this Court need only agree with any one subsection of
Section 2511(a). See In re B.L.W., 843 A.2d 380, 384 (Pa. Super. 2004)
(en banc), appeal denied, 863 A.2d 1141 (Pa. 2004). Requests to have a
natural parent’s parental rights terminated are governed by 23 Pa.C.S.A.
§ 2511 of the Adoption Act, which provides, in pertinent part:
§ 2511. Grounds for involuntary termination
(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:
(1) The parent by conduct continuing for a period of at
least six months immediately preceding the filing of the
petition either has evidenced a settled purpose of
relinquishing parental claim to a child or has refused or
failed to perform parental duties.
* * *
(b) Other considerations.─The court in terminating the
rights of a parent shall give primary consideration to the
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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.A. § 2511(a)(1), (b).
We have explained this Court’s review of a challenge to the sufficiency
of the evidence supporting the involuntary termination of a parent’s rights
pursuant to section 2511(a)(1) as follows:
To satisfy the requirements of section 2511(a)(1), the
moving party must produce clear and convincing evidence
of conduct, sustained for at least the six months prior to
the filing of the termination petition, which reveals a
settled intent to relinquish parental claim to a child or a
refusal or failure to perform parental duties.
* * *
Once the evidence establishes a failure to perform parental
duties or a settled purpose of relinquishing parental rights,
the court must engage in three lines of inquiry: (1) the
parent’s explanation for his or her conduct; (2) the post-
abandonment contact between parent and child; and (3)
consideration of the effect of termination of parental rights
on the child pursuant to Section 2511(b).
In re Z.S.W., 946 A.2d 726, 730 (Pa. Super. 2008) (citations omitted).
It is well settled that a party seeking termination of a parent’s rights
bears the burden of proving the grounds to so do by “clear and convincing
evidence,” a standard which requires evidence that is “so clear, direct,
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weighty, and convincing as to enable the trier of fact to come to a clear
conviction, without hesitance, of the truth of the precise facts in issue.” In
re T.F., 847 A.2d 738, 742 (Pa. Super. 2004) (citations omitted).
Additionally,
A parent must utilize all available resources to preserve the
parental relationship, and must exercise reasonable firmness in
resisting obstacles placed in the path of maintaining the parent-
child relationship. Parental rights are not preserved by waiting
for a more suitable or convenient time to perform one’s parental
responsibilities while others provide the child with his or her
physical and emotional needs.
In the Interest of K.Z.S., 946 A.2d 753, 759 (Pa. Super. 2008) (citation
omitted). Further,
the trial court must consider the whole history of a given case
and not mechanically apply the six-month statutory provision.
The court must examine the individual circumstances of each
case and consider all explanations offered by the parent facing
termination of his or her parental rights, to determine if the
evidence, in light of the totality of the circumstances, clearly
warrants the involuntary termination.
In re B., N.M., 856 A.2d 847, 854-55 (Pa. Super. 2004), appeal denied, In
re Adoption of N.M.B., 582 Pa. 718, 872 A.2d 1200 (2005) (citations
omitted).
The Adoption Act also provides that a trial court “shall give primary
consideration to the developmental, physical and emotional needs and
welfare of the child.” 23 Pa.C.S.A. § 2511(b). The Act does not make
specific reference to an evaluation of the bond between parent and child but
our case law requires the evaluation of any such bond. See In re E.M., 620
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A.2d 481, 484 (Pa. 1993). However, this Court has held that the trial court
is not required by statute or precedent to order a formal bonding evaluation
performed by an expert. See In re K.K.R.-S., 958 A.2d 529, 533 (Pa.
Super. 2008).
Here, preliminarily, we must address the defects of Mother’s brief.
Aside from two cursory references, for general principles not in dispute,
Mother’s argument section contains no citation to any legal authority in
support of its claims of insufficiency. (See Mother’s Brief, at 11, 14; see
also id. at 11-16).
Accordingly, Mother’s brief fails to develop an argument which links
her claim of insufficiency and the facts of her case to pertinent supporting
authority. (See id. at 11-16). Mother’s argument thus fails to support her
conclusion that the trial court erred in terminating her parental rights. She
has, therefore, waived that argument. “The failure to develop an adequate
argument in an appellate brief may result in waiver of the claim under
Pa.R.A.P. 2119.” Commonwealth v. Beshore, 916 A.2d 1128, 1140 (Pa.
Super. 2007), appeal denied, 982 A.2d 509 (Pa. 2007) (citation omitted).
“[A]rguments which are not appropriately developed are waived. Arguments
not appropriately developed include those where the party has failed to cite
any authority in support of a contention.” Lackner v. Glosser, 892 A.2d
21, 29-30 (Pa. Super. 2006) (internal citations omitted). “[T]he ‘argument’
section of an appellate brief must contain a full discussion of the points
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raised accompanied by citation to pertinent authority.” In re Child M., 681
A.2d 793, 799 (Pa. Super. 1996), appeal denied, 686 A.2d 1307 (Pa. 1996).
Mother has waived her argument. Moreover, it would not merit relief.
Mother does not deny the underlying facts of record. Instead,
Mother’s brief merely reviews certain aspects of the testimonial evidence,
rejects the assessment of the trial court, reinterprets facts in a manner more
favorable to her, and asks us to reach a different conclusion.9
This we may not do. We are bound by the findings of the trial court
which are supported in the record. We may reject the conclusions of the
trial court only if they involve errors of law or are clearly unreasonable in
light of the trial court’s sustainable findings. See In re M.G., supra at 73-
74.
Furthermore, except for mere bald denials, Mother presents nothing in
her argument to suggest that the trial court reached its conclusions through
errors of law or that those conclusions are unreasonable in light of the
evidence presented. (See Mother’s Brief, at 11-16).
Our independent review of the record confirms that CYS presented
sufficient credible evidence to support the trial court’s determination to
terminate Mother’s parental rights. Doctors Mechanick and Dybner-Madero
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9
For example, Mother does not directly deny mental health incapacity, but
maintains, notably without any authority, that such incapacity “is not a
complete bar to her ability to parent[.]” (Mother’s Brief, at 12).
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both testified that Mother suffers from mental health issues that prevent her
from successfully parenting Child. (See N.T. Hearing, at 18, 49). Ms.
Durrant testified that Mother has rejected CYS’ efforts to provide services to
her, including mental health treatment. (See e.g., id. at 85-89, 91-92).
The record also includes testimonial evidence that Child is thriving in
pre-adoptive kinship care with her maternal aunt and an extended family
that includes a maternal uncle and her maternal grandmother. (See id. at
101). Ms. Durrant further testified that in her expert opinion it was in the
best interest of Child to remain in foster care and be adopted by her
maternal aunt. (See id. at 101-02). Dr. Dybner-Madero performed a
bonding evaluation and testified that Child had bonded in a positive
relationship with her maternal aunt. (See id. at 58).
Accordingly, we affirm the order (and decree) of the Court of Common
Pleas of Delaware County that terminated Mother’s parental rights pursuant
to 23 Pa.C.S.A. §§ 2511(a)(1) and (b).
Order affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 1/24/2017
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