J-S08045-17
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
IN RE: THE INTEREST OF: H.C., : IN THE SUPERIOR COURT OF
MINOR CHILD : PENNSYLVANIA
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APPEAL OF: A.C., MOTHER : No. 1613 WDA 2016
Appeal from the Order Entered September 23, 2016
In the Court of Common Pleas of Allegheny County
Orphans’ Court at No(s): CP-02-AP-0000060-2016
IN RE: THE INTEREST OF: L.C., : IN THE SUPERIOR COURT OF
MINOR CHILD : PENNSYLVANIA
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APPEAL OF: A.C., MOTHER : No. 1614 WDA 2016
Appeal from the Order Entered September 23, 2016
In the Court of Common Pleas of Allegheny County
Orphans’ Court at No(s): CP-02-AP-0000061-2016
BEFORE: GANTMAN, P.J., FORD ELLIOTT, P.J.E., and SOLANO, J.
MEMORANDUM BY GANTMAN, P.J.: FILED FEBRUARY 13, 2017
Appellant, A.C. (“Mother”), appeals from the orders entered in the
Allegheny County Court of Common Pleas Orphans’ Court, which granted the
petitions filed by the Allegheny County Office of Children, Youth, and
Families (“CYF”) for involuntary termination of Mother’s parental rights to
her minor children, H.C. and L.C. (“Children”). We affirm.
J-S08045-17
In its opinions, the Orphans’ Court fully and correctly set forth the
relevant facts and procedural history of this case. Therefore, we have no
reason to restate them.
Mother raises six issues on appeal:
(1) DID THE [ORPHANS’] COURT ABUSE ITS DISCRETION
AND ERR IN GRANTING THE PETITION FOR INVOLUNTARY
TERMINATION OF PARENTAL…RIGHTS PURSUANT TO 23
PA.C.S.A. § 2511(A)(2), (5) AND (8)?
(2) DID THE [ORPHANS’] COURT ABUSE ITS DISCRETION
AND ERR IN NOT DETERMINING SPECIFICALLY BY CLEAR
AND CONVINCING EVIDENCE THAT CHILDREN WOULD
NOT BE ADVERSELY AFFECTED BY SEVERANCE OF THE
STRONG BOND EXTANT BETWEEN [MOTHER] AND THESE
CHILDREN?
(3) DID THE [ORPHANS’] COURT ABUSE ITS DISCRETION
AND ERR AS A MATTER OF LAW IN DETERMINING THAT
PLACEMENT WITH THE FOSTER PARENTS IN THIS CASE
(AND ADOPTIVE RESOURCE) WOULD BE IN THE BEST
INTERESTS OF THESE CHILDREN?
(4) DID THE [ORPHANS’] COURT ABUSE ITS DISCRETION
AND ERR AS A MATTER OF LAW IN FINDING THAT THE
INVOLUNTARY TERMINATION OF FATHER’S PARENTAL
RIGHTS WAS APPROPRIATE THUS PREVENTING RETURN
OF CHILDREN TO THE FAMILY AND ABRIDGING MOTHER’S
RIGHTS ALSO?
(5) DID THE [ORPHANS’] COURT ABUSE ITS DISCRETION
AND ERR AS A MATTER OF LAW IN DETERMINING THAT
THE INVOLUNTARY TERMINATION OF [MOTHER’S]
PARENTAL RIGHTS PURSUANT TO 23 PA.C.S.A. §
2511(A)(2), (5) AND (8) OF THE ADOPTION ACT BEST
SERVES THE NEEDS AND WELFARE OF THESE CHILDREN?
(6) DID THE [ORPHANS’] COURT ABUSE ITS DISCRETION
AND ERR AS A MATTER OF LAW IN DETERMINING THAT
THE INVOLUNTARY TERMINATION OF [MOTHER’S]
PARENTAL RIGHTS PURSUANT TO 23 PA.C.S.A. §
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2511(A)(2), (5) AND (8) WAS IN THE BEST INTERESTS OF
THESE CHILDREN?
(Mother’s Brief at 5-6).1
Appellate review of termination of parental rights cases implicates the
following principles:
In cases involving termination of parental rights: “our
standard of review is limited to determining whether the
order of the trial court is supported by competent
evidence, and whether the trial court gave adequate
consideration to the effect of such a decree on the welfare
of the child.”
In re Z.P., 994 A.2d 1108, 1115 (Pa.Super. 2010) (quoting In re I.J., 972
A.2d 5, 8 (Pa.Super. 2009)).
Absent an abuse of discretion, an error of law, or
insufficient evidentiary support for the trial court’s
decision, the decree must stand. … 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), appeal denied, 581 Pa. 668, 863 A.2d 1141 (2004)
(internal citations omitted).
Furthermore, we note that the trial court, as the
finder of fact, is the sole determiner of the credibility
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1
To the extent Mother’s issue #4 complains on appeal about the termination
of either birthfather’s parental rights to Children, Mother is not the proper
party to make that argument. See generally In re T.J., 559 Pa. 118, 124,
739 A.2d 478, 481 (1999) (stating: “In determining whether a party has
standing, a court is concerned only with the question of who is entitled to
make a legal challenge and not the merits of that challenge”; “the purpose
of the ‘standing’ requirement is to insure that a legal challenge is by a
proper party”). Therefore, we give Mother’s issue #4 no further attention.
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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 and quotation marks omitted).
The standard of clear and convincing evidence means
testimony that is so clear, direct, weighty, and convincing
as to enable the trier of fact to come to a clear conviction,
without hesitation, of the truth of the precise facts in issue.
In re J.D.W.M., 810 A.2d 688, 690 (Pa.Super. 2002). We
may uphold a termination decision if any proper basis
exists for the result reached. In re C.S., 761 A.2d 1197,
1201 (Pa.Super. 2000) (en banc). If the court’s findings
are supported by competent evidence, we must affirm the
court’s decision, even if the record could support an
opposite result. In re R.L.T.M., 860 A.2d 190, 191-92
(Pa.Super. 2004).
In re Z.P., supra at 1115-16 (quoting In re Adoption of K.J., 936 A.2d
1128, 1131-32 (Pa.Super. 2007), appeal denied, 597 Pa. 718, 951 A.2d
1165 (2008)).
CYF filed a petition for involuntary termination of Mother’s parental
rights to Children on the following grounds:
§ 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:
(2) The repeated and continued incapacity, abuse,
neglect or refusal of the parent has caused the child
to be without essential parental care, control or
subsistence necessary for his physical or mental
well-being and the conditions and causes of the
incapacity, abuse, neglect or refusal cannot or will
not be remedied by the parent.
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(5) The child has been removed from the care of the
parent by the court or under a voluntary agreement
with an agency for a period of at least six months,
the conditions which led to the removal or placement
of the child continue to exist, the parent cannot or
will not remedy those conditions within a reasonable
period of time, the services or assistance reasonably
available to the parent are not likely to remedy the
conditions which led to the removal or placement of
the child within a reasonable period of time and
termination of the parental rights would best serve
the needs and welfare of the child.
(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.
(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.A. § 2511(a)(2), (a)(5), (a)(8), and (b).
“Parental rights may be involuntarily terminated where any one
subsection of Section 2511(a) is satisfied, along with consideration of the
subsection 2511(b) provisions.” In re Z.P., supra at 1117.
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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 conduct satisfies the
statutory grounds for termination delineated in Section
2511(a). Only if the court determines that the parent’s
conduct warrants termination of…her parental rights does
the 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.
In re L.M., 923 A.2d 505, 511 (Pa.Super. 2007) (internal citations omitted).
The grounds for termination of parental rights under Section
2511(a)(2), due to parental incapacity that cannot be remedied, are not
limited to affirmative misconduct; to the contrary those grounds may include
acts of refusal as well as incapacity to perform parental duties. In re
A.L.D., 797 A.2d 326, 337 (Pa.Super. 2002). “Parents are required to make
diligent efforts towards the reasonably prompt assumption of full parental
responsibilities.” Id. at 340. The fundamental test in termination of
parental rights under Section 2511(a)(2) was long ago stated in the case of
In re Geiger, 459 Pa. 636, 331 A.2d 172 (1975), where the Pennsylvania
Supreme Court announced that under what is now Section 2511(a)(2), “the
petitioner for involuntary termination must prove (1) repeated and continued
incapacity, abuse, neglect or refusal; (2) that such incapacity, abuse,
neglect or refusal caused the child to be without essential parental care,
control or subsistence; and (3) that the causes of the incapacity, abuse,
neglect or refusal cannot or will not be remedied.” In Interest of Lilley,
719 A.2d 327, 330 (Pa.Super. 1998).
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“Termination of parental rights under Section 2511(a)(5) requires
that: (1) the child has been removed from parental care for at least six
months; (2) the conditions which led to removal and placement of the child
continue to exist; and (3) termination of parental rights would best serve the
needs and welfare of the child.” In re Z.P., supra at 1118.
“[T]o terminate parental rights under Section 2511(a)(8), the
following factors must be demonstrated: (1) [t]he child has been removed
from parental care for [twelve] 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.” In re Adoption of M.E.P., 825 A.2d 1266,
1275-76 (Pa.Super. 2003). “Section 2511(a)(8) sets a 12–month time
frame for a parent to remedy the conditions that led to the children's
removal by the court.” In re A.R., 837 A.2d 560, 564 (Pa.Super.2003).
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 Agency supplied over a
realistic time period. Id. 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 Agency services. In re Adoption of T.B.B., 835 A.2d 387, 396
(Pa.Super. 2003); In re Adoption of M.E.P., supra.
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Under Section 2511(b), the court must consider whether termination
will meet the child’s needs and welfare. In re C.P., 901 A.2d 516, 520
(Pa.Super. 2006). “Intangibles such as love, comfort, security, and stability
are involved when inquiring about the needs and welfare of the child. The
court must also discern the nature and status of the parent-child bond,
paying close attention to the effect on the child of permanently severing the
bond.” Id. Significantly:
In this context, the court must take into account whether a
bond exists between child and parent, and whether
termination would destroy an existing, necessary and
beneficial relationship.
When conducting a bonding analysis, the court is not
required to use expert testimony. Social workers and
caseworkers can offer evaluations as well. Additionally,
Section 2511(b) does not require a formal bonding
evaluation.
In re Z.P., supra at 1121 (internal citations omitted).
“The statute permitting the termination of parental rights outlines
certain irreducible minimum requirements of care that parents must provide
for their children, and a parent who cannot or will not meet the requirements
within a reasonable time following intervention by the state, may properly be
considered unfit and have…her rights terminated.” In re B.L.L., 787 A.2d
1007, 1013 (Pa.Super. 2001). This Court has said:
There is no simple or easy definition of parental duties.
Parental duty is best understood in relation to the needs of
a child. A child needs love, protection, guidance, and
support. These needs, physical and emotional, cannot be
met by a merely passive interest in the development of the
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child. Thus, this [C]ourt has held that the parental
obligation is a positive duty which requires affirmative
performance.
This affirmative duty encompasses more than a financial
obligation; it requires continuing interest in the child and a
genuine effort to maintain communication and association
with the child.
Because a child needs more than a benefactor, parental
duty requires that a parent exert himself to take and
maintain a place of importance in the child’s life.
Parental duty requires that the parent act affirmatively
with good faith interest and effort, and not yield to every
problem, in order to maintain the parent-child relationship
to the best of…her ability, even in difficult circumstances.
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 re B.,N.M., 856 A.2d 847, 855 (Pa.Super. 2004), appeal denied, 582 Pa.
718, 872 A.2d 1200 (2005) (internal citations omitted). “[A] parent’s basic
constitutional right to the custody and rearing of…her child is converted,
upon the failure to fulfill…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.” Id. at 856.
After a thorough review of the record, the briefs of the parties, the
applicable law, and the well-reasoned opinions of the Honorable Donald R.
Walko, Jr., we conclude Mother’s remaining issues merit no relief. The trial
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court opinions comprehensively discuss and properly dispose of the
questions presented. (See Orphans’ Court Opinions, filed November 17,
2016, at 11-15 and 9-13 respectively) (finding: during two year period since
Children’s placement with maternal grandparents, Mother made minimal
progress with her family service plan goals; court had serious concerns
about Mother’s ability to provide stable environment necessary for Children’s
physical and mental wellbeing; Mother admitted during proceedings she
struggled to achieve sobriety, was homeless at times, and was convicted and
sentenced to probation for prostitution; these behaviors are not safe or
conducive to Children’s wellbeing and display repeated and continued
incapacity to provide Children with essential care; Mother acknowledged to
Dr. O’Hara on March 22, 2016, that Mother was not in position to care for
Children; record suggests Mother is still struggling to achieve and maintain
sobriety; Mother had opportunity for two years to remedy her problems and
adequately support Children’s needs, but she failed to do so; Dr. O’Hara
testified adoption outweighs any potential detriment related to termination
of Mother’s parental rights to Children; Children’s secure attachment is to
maternal grandparents, who provide stable and nurturing environment for
Children; Children have spent majority of their lives in maternal
grandparents’ care; Mother’s lack of stability poses threat to Children’s
emotional and behavioral needs; Mother attended only 70% of her
scheduled visits with Children; H.C. reported his desire to reside with
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maternal grandparents and said he does not enjoy visits with Mother; court
found no substantial bond existed between Mother and Children; termination
of Mother’s parental rights best serves Children’s developmental, physical,
and emotional needs; termination of Mother’s parental rights was proper
pursuant to Sections 2511(a)(2), (a)(5), (a)(8), and (b)). Accordingly, we
affirm on the basis of the Orphans’ Court’s opinions.
Orders affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 2/13/2017
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Circulated 01 /25/2017 04:40 PM
IN THE CQ{J:RT Qf,COMMON PLEAS. OFALLEGHENY COUNTY, PENN$){LVANIA
,FAMILY PlVISJON-"""JUVENILE SECTION
lN '~ INTEREST OF:. HiC., a.minor child, CHILDREN~sFAST TRACK APPEAL
OPINION
APPEAL OF; A.C.; natural mother,
No.: ·CJ;>:.()2 . AP-0000060-2016
FID: 02~FN-092189-2010
JID:' 92l89-A
Docket: l6l3' WDA 2016.
BY:
HonorableDonald :R. Wilk~\ Jr.
City-County Building
414 Gi~nt' Street; Room 706
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CJ Pittsburgh, PA 15219
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COPIES ro.
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...... ,~· .(j~µnselfor Allegheny County
Children, Youth and :F~iiy Services.
Alexandr~ G.niskm~,, Esq;
Fort Pm Commons Bldg., Suite 101
445' Fort Piit Blvd.
Pittsburgh, PA 1$2lf}
Counsel for HC. as Guardian ad Litem:
:Cynthia, Moore, Esq.
'Kid:{Voite .
437
. Grant
. -· . .. Street,
. ' Suite ·700
Pittsburgh, PA 15219
Counse] fol'. A:t.f
Richard P .. Kimmins, M.B.A,,.l!sq.
Richard P. Kimmins and.Associates
P.O. 'Box 15884
Pittsburgh, PA 15244
IN THECOlJ.RTOFCOMMONP;LEASOFALLEGHEN.Y COUNTY, PENNSYLVANIA
FAMILY DIVISION - JQVENILE SECTION
IN THE iNTE.REST OF: IJ.:C" a .minor child, CJ.IJLDREN'·S FAST ;fRA'CK APPEAL
OPINION
APPEAL OF:. A.C.,. natural mother.
No;t.CP ..Q2,.DP'.;0Q()Jl91-2014
FID: 02-FN.:O'erimm.ent placement goal. /d.; CYF subsequently fifod a. Petition for
Termination :of Parental Rights, Orr-September .23, 2016, following a hearing on.the Petition, this·
Court entered:an Order terminating the. parental rights' of Mother to the: :child. The .Court further
awarded custody' of lbe Child to cYF· .in. order to initiate c1qoption proceedings. Termination of
Mother's, parental rights also extinguished her right to object- to or .receive notice of adqp(ion
proceedings regarding.the Child. SeeOrder of Court, dated. September 23, 2()J6.. Mother appeals.
Mother 'makes five arguments on. appeal. First, she contends that the. Court.erred and abused
its discretion in granting the Petition for Involuntary Termination of Parental Rights pursuant to g3
P11;CS.A. 2511 (a)(2) and (8); Second, Moth~r argues that the Court erred and abused 'its discretion
in not determining if the severance of the: bond existlng between Motbe.r and the Child would
adversely affect the Chlld. Third, Mother contends. that the Court' abused it$. discretion and erred
when it determined by clear and convincing evidence' that placement of the 'Child. with the foster'
I The '0.rd~fof Court.states'tba] "[i]h¢re 'has: been minimal compliance with perrµ~iieiicy plan, in that Mqth¢r h_as not'
signed releases of information for tit¢ agency. Mother c!a.t 11,,
12.. The ·Child was removed from Mother's .care and pia..~d in the custody· of bi~ maternal
grandparents, Jd;
Based on Mother's self-reported relapse. CYF again established family plan goals. Id:
Sp~ifkitl1y, .CYF wafit~d Mother to continue drug and alcohol treatment and to be consistent irr
attending urine screens • Id: Mother was re-referred to .POWER for assistance./(!; at: 11. :POWER
reported to CYF; however, that 'th~y were unable to reach. Mother, ld, at 26. CYF never -received
.eonfirmation ~f Mother's POWER assessment'. Id. ·1;tJ 26, .Mother was. also referred to. Mercy
Behavioral. Health (''Mercy") .for mental health services. Id. at. .16. :CYF reootnmended that Mother
participate fa a dual diagnosis program, that would address both her mental health and' her issues
with drugs and alcohol, Id; CYF' also provided in-home services. through. Wesley Spectrum to
Mother from .July 2015 until. September' 2015, Jd.. Wesley SpectniJII. services were discontinued,
however; because: of Mother's noncompliance. Id. C)W. received records t.hat Mother attended
Tadiso, an outpatient opioid treatment facility, for methadone. maintenance in the fall Qf 2014 until
December of 2015.. Id. at 18~ Thereafter Mother, went to. Alliance for .methadone maintenance, Id;
Mother's. report indicated that at the time. of the. hearing: she was. not receiving any formal treatment
but.that .she intended to. go to Mercy; Id. M&, Saunders testified that CYF was aware that. Mother
was fast Involved in methadone. maintenance iii May of :2016,. Id; CYF. called in random urine.
screens .for Mother but she was· not consistent in her compliance, id: 'Mother was called for 77
screens and attended 24, Id; at l9, Mother was ordered by the Court -to submit to hairfollicle tests
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and failed :m: do. SQ 011 multiple occasions. I& at.18, Mother reported to CYF that ,~he is "clean" but
Ms .. :$aund.ers testified' thatshe had no evidence.to support Mother's ciahn,/d: .at 19 .. Ms; .Saunders
further testified that at the time. 9f the: hearing. it: was :CYPs opinion, dmt Mother .had QOl
successfully addressed.her addiction or completed her drug and alcohol goals. Id. at i8.
CYF established goals for Motherto obtain stable and appropriate housing.and.provided her
with information for shelters and other programs, Id. at to, 20 .. Mother's housinghas been.unstable
throughout rhe pendency of this. case. Id. at 20. Mother had housing with· LC/ s father :n:oro Mat of
2015 'until February of 2016 'when the couple was· ,evkteq, RL Following the eviction Mother was
homeless and staying at shelters or with friends .. Id: CYF considers cl parent to be homeless. if they
are, staying iii shelters. Id. Ms, Saunders testified that Mother.obtained housing with L.C}safather in.
July or August of :2016, id. cl( 29~
With respect to visitation, CYFhad established goals fotMothe,r to attend :parertting,~lass.es
and scheduled visitsand to maintain contact and cooperation with the agency! Id, :at JO; Mother
always visited the· Chil<:i together with LC. 's father: Id. ,at '30: Vi~its. were initially .required to be
.supervised until Aµgust of 2015. I.4: 'Mother JJllrtitipat,ecl .in supervised parenting visits at Arsenal,
Id. at 28. She successfully completed . .the Arsenal program on May J.9,, 2015. Id'. From August
2015 until March of 2016 Mother, was permitted to have unsupervised community visits'. 1d, CYF
reverted back 'to: .supervised visits· due. to s,afe.ty concerns ·when. Mother was evicted and homeless.
Id. Mothei: and LC?s father visited the Child at the CYF· East Office thereafter. Id: at. 30,, Ms,
Saunders tesd.fied that the staff who supervised the vislts had concerns that Mother "misreads the·
[ChilcJ's] cues." Id .. at 43. CYF had also recommended tha; Morher attend the· Three Rivers
Adoption Council ("TRAC") for individual and family therapy" Id. at 33. Mother,' however t failed to
engage the services of TRAC.1d; :CYF fo1d continuous issues with visitation. Id. MQthe.r constantly
5
confirmed visits and then failed to arrive as. scheduled. /(L Tb.e duld would be taken to the CYF
office .for a confirmed visit and the couple Would oftennot show, ld.: -CY.F attempted to solve the·
problem by requiring the couple to confirm visits 24 hours ahead of time; Id. at-3L Ev.en when the
couple confirmed. visits, however, there were times when they would not appear. ld; ·CYF had
difflculty communicatlngwith Motlier and did nor have a working telepho11e- number for the. couple,
Ms. Saunders, testified that when she. was i,rr contact 'wifh 'Mother, .Mother was. compliant and made
an effort to workthrough. the- planning process, Id. at 21. Often, however, Ms. Saunders· had to be
physically present In order to communicate with. Mother. id. at- 47. Ms. Saunders further testified
that Mother has 'net met.her contact goals .. Id.
Mother and. ·i.C. 's father attended only 132' of the 1 $7 :scheduled visits - "about 70%;" 14
at 30: TlJe· couple was initiaily given visitation twice per week: Thursdays from 4:00PM µntll 7-:00
PM and Sundays frQm. 12:00 PM until Z:00 PM. Id.' lly the: time ofthe September 23/, 2016
hearing! however, the vi!ilts were reduced to. once a week due to Iack of _progres~~· Jd: at. 38'. The.
most recent. ·vfojt. occurred on August 18,. 2016. _id. That Visit ended early because a CYF·
caseworker had concerns with the. couples' interaction with the Child. Id. l!t $(>,'. A confrontation
ensued between the couple. and. the caseworker when ·the caseworker terminated ·the session, Id.
Given' the above information Ms; Saunders t~stined that Mother had not- successfully
completed the ·CYF family service: plan ,goal_s_1 Id, .at33 •. Bf the time of the hearing, CYF remained
concerned that they could not confirm whether or. not Mother was still abusing drugs and that she.
had a history ,ofirtsta'biljty with respect lo housing: Id.
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b. Psy~lmiogfoal Evaluatlons
Dr. O'Hara is ·1;1. licensed psychologist in Pennsylvania who evaluated all ot' the· parties'
involved in. this caset:3, (See 'T.P,R .. Hearing, 9/13/2016) .. Or. O;J.lll(a performed an interactional
evaluation with the Child .and' the maternal grandparenrs on Match :1,. 2016. id. at 4. Thematernal
grandparents reported caring {or the Child for the majority of his life; la. at 5. Dr. O'Hara testlfied
'that the maternal grandparents "presented with stability" and .had no .hi.~t<:>t;Y .of substance abuse or
criminal adivity.ld .. ,at.4-6, The. maternal grandparents displayedpositive parenting $}µlis and were
·engaging. Id. at 6. The Child approached the maternal grandparents frequently and spontaneously
1:tnd lnteracted Well. with them. Id. Dr, O'Hara .further testified that the (;hilq displayed "all
indicators of secure attachment" to 'hls grandparents as caregNer~.Jd:
Dr. O'Hara testified that Mother had previoµsl);1 reported to him in June. of 2013. Id: atB,
At ,tfiat time Mother reported that she was unable to commit to twice-weekly treatments which Dr,
O'Hara· found to be.warranted.for her3d. Mother also reported that.the Chlld had been in the-care of
his maternal grandfather for approximately one year when he was one year old. Id. Mother
participated in ,m .individual evaluation with Dr. O'Hara· oil March 22,'2016;. Id. at 4 .. Dr: O'Hara
testi(i.ed that there 'were a va.rfoty of 'Concerns surrounding Mother . Id at :s, Mother acknowledged
relapses afi~r three· rehabs and .a variety -ofotlrer' treatments, .jd; at '9. Mother disclosed 'bcr criminal
history which includes convictions. for. prostitution, retail theft and possession, Id: at K She was.
unemployed, homeless and on probation at the time, of the. evaluation, Id. Dr. Q;H~ra: testified that
Mother had less than 90 days of "clean time" at .the time ofthe evalnation., Id. at. 9. Mother-reported
thatinnine sears her longest.period .·of"cleaiitime" was 18 months and that pi;i,rt ofjt was during her
3
Dr. 'O'Hara t¢st.ified,onthe. second day ofa twQ~cfoy.hearlng; Citations-to histestimonyrefer to the transcriptfron;
tbe.Termlnation of Pafentai Rights Hearin~,qJQ/l:3/2016. .
7
_pte8Il~QCY with the Child .. 1¢.' b_r, O'Hara reported that. Mother was "defensive, 'in psychological
testing" and .diagnosed her with "opioid use disorder severe; 'on maintenance therapy;" Id.
Dr, O!Hara ·,perfon.ned--ail interactiona] .evaluation with MotJi~r, LC.'s' father -and the Cmid
on :Mar¢h 22~ 2016; Id; He, testified that Motherdisplayed positive patenting skills, that she· ·was
playful and calm' and thatshe showed ;iff~gion well. Id. During the evaluation me Child.was calm
and relaxed with Mother and :LC -:'s father and DL :O 'Hara found there to be components,of security
in their relatic:mship. Id: at 11. Dr. O'Hara testified, however, that he had substantial concerns
regarding Mother's .stability, /d. ·at 12 . .Spedfici;\l_ly Dr . O'Hara ·was concerned that.Mother still
showed signs Qf befog· unable to care for the Child despite him being removed for twp years .. Id.
Mother acknowledged that stw was not in ·a· pos.itiwi: to care for the Chfld~ fa, During the '.evaluatiol)
·the Child displayed signs of noncompliance and when o:r. O'Hara .askedhim what he liked about
his parents he.reported that he "did. not know.'; Id. ia:t .12,
r». O'Hara also conducted an individualevaluation with the Child on: March 1,. 2016; Id.
The Child presented as "happy and actjve" ar the evaluation. Id: Dr. O'Hara 'testified that he
believed that the 'Chil·d was on track With. milestones oflanguage, ~pgp~tfon and. movement. .ld.. ,~t 7·.
'The, Child reported to Dr: O'H:ar;Uh.athe preferred to reside with his maternal grandparents and 'that
he, did hot like visit~ with 'his 'Mother and L'C.'s: father; Id. Dr, O'Hara testified thar he had
concerns that warranted ongoing· treatment for the Child. Id: at 7. According to. the maternal
grandmother, the Child can . be ~'irtitalJlt· with visits" with· :Mother and LC.1s, father and has
difficulty sleeping without. sleep 'medication. Id ·Dr, O'Hara testified' tfui.t the Child exhibited
compulsive, destructive behav~b.r$ 1;1,11d :anxie~y and reported hitting' himself. la. The Chlld was
diagnosed with "at(entfon.deficit hyperactivity· disorder ('ADHIY), adjµ~trp.ent disorder with mixed
:s.
disturbance of emotions and ·conduct .and. ADHD:,combined presentation moderate," Jd. at.S. Dr;
O'H~.rntestified that the maternal.grand patents are ade.qµafelyaddressing these concerns, /d.
Ot, O'.tfora considered .a.O ;of:the information from,CYF, discussed supra, and additicmal
.information from ~.dsV oice in rendering his opinion, Id. at 12? 13:. He testified that: he received
reports tha; Mother was not. attending treatment outside of.her methadone or suboxone clinics, Id:
In Dr. 01Harf:s. opinion' this tyj>e qf treatment ·is "substandard" on its 0WI1., Id: at 13'. He also·
considered the· evaluations and the level -·Qf' attachment between Jhe· Child and the maternal
grandparents as caregivers . .Id. He· testified that.without security.and'stability for children they are at
risk for a variety· of problems which .include a "lack of school readiness; behavioral issues,
depression· <11J.ci anxiety and' reactive .attachment disorder;" Id. .at 15. Dr. O;Hara testified that he
spoke. with the Chil4; ~- clinician Who, worked closely with the Child and the. maternal grandparents;
Id. at 14. the. clinician reported that the 'maternal. grandparents do a "great job fa foll0wihg:throµgh
[the Child's] intervention, and he 'interacts with .. them really, reallywell, [The Q.niidJ had a bond
witp., hi$ grandfather since be was very young.'; Id;.nr. O'Hara had continuingconcerns regarding
Mother's fa.ilure to. address her "extreme lack,of;st!bflity ;" "significant substance abuse" and "long-
'term criminal activity." Id. a.t 15.Bas~d·OPthe foregoing Dr, O'Hara.concluded that thebenefits of
adoption for the Child with. 'the maternal grandparents outweigh. the potential detriment of
terminating Mother's parental rights, (d. at 16. Dr. O'Hara made these recommendations and came
to these conclusionsbased upon a. reasonable degree. ofpsychological c:eitamtydd •.
Mother testified" that she, has been "clean from methadone" since June 21, 2016 and that.she
became '"clean" on· herown .. S{!t! T'.P.R. Hearing, 9/13/201~, at 35. Mother gave birth to, a third chi}cf
1
4. Mothertestift~d onthe second 4a.y 9(.a two-day hearing. Ci't~tion to his.testimonyrefers i.Q the transcript.from the
Termi11~tioq of.Parental Right~f:l~ariil_g;cir°9/l3_/2016. .
9
in November of. 2015. Id...at ~$., Mothertestified that she had three surgeries during 'her pregnancy
and. that she. was prescribed pain medication ·aecotding1y. Id. at :38. She .signed .a contract ·v.,iith her
doctors under which she agreed to submit to weekly drug screens. Id; at .39. The doctors 'would
continue to. administer pain management medication :sq Jong as thedrug screens reflected 'her use of'
methadone and ·ptes<;ribed pain medication only; Id. Mother testified that she was compliant with
the terms of. the contract. Id: A$ stated ptevi91,1&,ly, Mother testified that .she has been "clean" since,
June 21, 2016. 1if, at 40~ When asked if':she.·had tests or screens to confirmher sobriety, however,
Mother stated ·"I b.elieve so, I'd haveto look, J'm not sure." Id. :She furthertestified that she is ina
·d.ifferent situation .in that she, has: stable housing .and is no longer on a maintenance pto$fam. ief. at
36, Mother stated thatshe Is voluntarily attendingNarcotics Anonymous ("NN') &nd, that she plans·
to start attending mental health services at Mercy once her back il)jµry ·Is healed. Id: She. further
te~tiffod that.she is ' 111" a better place-with the [Child]? and tha,t they have· ~'really good visits."? d.
1•
STANDARD·OF'REVIEW
The Standard of review in 11· termination of parental rights case is that of an abuse, oi.
discretion. 'The Supreme Court of Pennsylvania confirmed thestandard of.review asfollows:
[ w]~wn. reviewing an appeal from a decree terminating parental. rights, [the .Superior
Court isJ]i.mited to determining w hether the, decision .Qf the trial courtis supported
by competent evidence. Absen] an abuse of. ~i~c::,:etion,: an etror of law, or
'insufficient:·evidentiatysupport for the: :ttfal court's decision, the decree must. stand.
Where, .a trial court has granted. a petition to involuntarily terminate parental rights,
[the Superior Coun] .mustaccord Jhe hearing judge's decision the same deference
that it would give. to a jury verdict [The Supedo.r Court] must employ a broad,
comprehensive review of the· record in order to determine: ·whettier the trial conrt's
decision.is supported: 'by competent evidence.
In: re Adoption. of S.P., ·616 Pa. 309~ 317 (2012) (quoting In NJ: .8:L,W.~ 843 A.2d .380, ~8J
(l>a.Superi2004)).
DISCUSSIO.N
·In considering a petition for termination of parental rights a trial court is charged with
·determining whether .grounds', for termination have been established by :cleat and convincing
evidence under :23 :P@.'.C$•. ,§· 2511(a). The· Court shall give "primary consideration to the
developmental, ph ysicai and 'emotional needs and welfare ofthe child." Id, at§, i51 l(ll). The. statute
further provides nine (9) grounds Jo.r, termination. llished family service plan goals. Ms;_
Saunders, a CYF caseworker, -and Dr. O'Hara, a· psychologist.both testified regarding Mother's
lack of prowes~,- Given the amount of'time that the Cllild. has been in· placement and the· testimony
at the. hearing, this Co1.!ff .has serious: concerns regarding Mother's ability to provide a stable
.environment necessary fof' the physical. and mental wellbeing of the Chiid, During the pendency of
11
this case Mother has admittedly .struggled to achieve sobriety, has been homeless :~d'· was· convicted
.and 'seoten.~d to Jirobation: for prostitution. None of these· behaviors are safe. or condu.~jv.~·to the
wellbeing· of the :Child. These behaviors 'display a repeated and continued incapacity to· provide
essential care. Mother has attended '70% ofthe scheduled visits with.. the Child. and has been fa~geJf
.noncompliant and uncooperative, w.Ith .CYFs contact :and communication goals. AS recently as
March 22·, 2016, :M.other.acknowledged to Or. O'Hara that she was notin .a position to care for 't.he
Child.Despite Mothet's subsequentattemptsit was apparent atihe time ofthe hearing that these·
issues had not been adequately remedie~ by Mother;
Section 25ll(a)(5) of the statute .enables a· trial court. to terminate parental right$ .paseci on a
finding that
[:t]he child has been removed from the care -of the: parent by the court. or under .a
voluntary agreement with an .agency for a period of at least six months, the
.conditions which led to the removal or .placement of the child continue to. exist, the
parent -cannotm. Will nm remedy those .eonditions\'vi thin. a. reasonable period oftime,
the services or assistance reasonably available to the: parent are not likely to remedy
the conditions which led to the removal or. placement of the child within a
reasonable period ·of'tim.e and termination of the. parental rights would best serve- the·
needs and Welfare: of tile child.
AS discussed supra, ·the Ch.Ud was· removed from Mother's .care 'in June :of 2014. and .has
since beenplaced with Ms. maternal grandparents. The period of removal' far exceeds the 6~month
threshold provided for irt the statute. Despite the efforts of C\1\ KidsVoice, and Dr. O'Hara,
Mother· continued to display the behavior that warranted removal of the. -Child in. the first place.
Mother disregarded the, advice of CYF to contact TRAG and ·POWER for additional parenting
assistance. The Court is: cautious to accept Mother's·'claims .of Sobriety! 'Mother testified that her
"clear; date'tls.June 21, 2016 .. Nor only is this a very recen; date with respect to the· twoyears that
this case .has 'been pending, but Mother .has acknowledged multiple relapses after repeated attempts
flt rehabilitation. At. the hearing Mother was unsure as to whether she: could produce evidence of her
sobriety, It appears· that given Mother's history of instability and inconsistency she is still
strtig@ing to achieve: .and maini;ifo sobriety, This case: has, been pending Wihh CYF since the
removal of the Child in m.H. Mother .has had two.·yeats, therefore, to become sober M\irt state.s ib~t ''[t]tie:r.e:has been miri';mal compliance with' permanency plan, in ihatMother has not
·1
.Sign_ed;releases.of'info'rmation ·for. the.agency, Mother. does not submit.to random urine screens. Motherdoes not
mafo~aiti contact with the agency:"
was in the best interest ,of the Chiid,_ Mother also argues 'that ·C~un :a.I>µ!ied lts discretion in finding
that the .invol urttaty termination of the: parental rights. best serves, the needs and' welfare, of the Child .
See Mother' s Concise·Statement of. Matters Complained of on Appeal, at Paragraph l(a ):-~d), Forthe
:II. FACTS'.
a. Allegheny County Office of Children, Youth and Family Services
Amber Saunders, .a C'YF Caseworker assigned to the case, testified regarding the
circumstances under which the ·CJtlld became 'involved with CYF and 'Mother's progress thereafter.
Ms. Saunders·testified 'that ·cYF began working'wiih the family 'in November: of 2013 .due to 'issues
with dni.gs ·a.nd alcohol. se« T.~.R. Hearing, 8/23/16, at R Ms: :Saunders testified that .CYE initially
became· involved because the agencrwa~ infqrr.ned. Quit lhe Child ·b.ad tested posidve for cocaine a.nd
opiates at birth; Id. at '9. Mother was referred toPennsylvanfa Organization Jot Women in Early
Recovery{"POWER'\ /4; C)'F esw.biished-"family service plan goals" which.included completing ·
.drug and .alcohol and mental health evaluations, attending patenting classesand scheduled visitsat
Ai:sen.aJ Famqy an.d. Children's Center ('.'Arsenal''), .acquiring stable .and appropriate housing and
maintaining: contact ,and cooperation. with CYF,. 14; at 10. '.M!i, s·a.µnd~r~ testified' that ·Mother wa!i
'initially compliant with the family plan goals. Id•. at 11,, 12. Oh June 8, 2014, .however, Mother and
the Childrs father were fu.vd.lve.d. in ·a. car accident, Id .. at '8. The Child's father was driving. when he
rear-ended another vehicle that.was.stopped in front of him. Id. Mother was admittedto the-intensive
care qriit and wes treated for a spinal fracture.Jd. Ai the. hospital Mother disclosed heruse of Subotex
.and heroin, Id. Ms, Saunders.testified that it was clear that M9Ute{bad rela.pse~ 'and' CYF wanted
:2'Ms.Saunders testified onthe first day ofa two-day hearing, Citations to her testimony. refer to. the transcript from
the Termination ·of Parental Rights Hearing of Si23/2016 ..
her to readdress.her'issues. accordingl y .1'd. at 11, 12; The· Child'was removed. from Mother' scare i!Od
:placed in.the-custody of her maternal g1]1n.qpa.re.ntsi Id;.
Based on Mother's self-reported rel~pse CYF' again established family plan _goals; Id,
Specifically; CYF wanted Mother to continue drugand alcoho] treatment anq to-:be, consi~~ent 'in
attending urlne: screens, 14, Mother was re-referred to POWER fut assistance. Id. at ll. POWER
reported to CYF;, however, 'that they were unable to· reach .Mother. Id. at '26. CYF never received
confirmation of Mother's· J'OWER :assessment. kL 1;1t i6, Mothe..r: was also referred .to Mercy
Behavioral Health t'Metcy") for mental health services; Id at 16. CYF recommended that Mother
participate in 1,1; dua] dlagnosis program that would address both her mental health and her issues With
drugs and alcohol. Id. 'CYF .also provided in-home services through Wesley Spectrum. to Mother
from July 2015 u11tH September 2Ql5.. Id: Wesley,Spectnim.sewjces· were discontinued, 'however,
because, of Mother~s' noncompliance, Id. CYF received records- diat Mother attended Tadiso, an
outpatient opioid treatmentfacility.for methadonemaintenance in the· fall of20J4·.untU December of
20i.5, .id.; at 18. ther~~ft.er :M:'c:>tlle_r went jo Alliance :for methadone maintenance. t,d~ 'Mother is report
indicated that.at the. time of the hearing she was not receiving any formal treatment but that she
intendedto'go to Me_rcy. rd,. Ms. Saunders testified tbat{JYF·was·awc1re-tbat MoUler: was Ja..st involved
in methadone maintenance: in Ma·y of 2016 . Id: CYF called in.random urine screens for Mother hut
she: was inconsistent in her compliance·. Id.•. Motherwas called for TJ screens.and attended-24, ld. at
)?. Moihe.r was wd'ered by the Cqµ_rt. to :~_µt,~n·. (o :l)ai_r follicle (~ts and: failed to do so on multiple:
occasions. Id. at rs. Mother has' reported to· CYF thai she is "clean" hot Ms; Saunders, testified that
she has. no evidence tosupport Mother's claim. Jf.i.:,at.19·, :Ms. Saunders further tesjified that at.the
tirne-of'the heating it'was CYF'sopiiiion-that Mother.had not successfully addressed her addiction.or
completed her drug. and alcohol goals, HL ,at l8.
4.
CYF had established goals for· Mother to obtaln stable and appropriate. housing.and provided
her with Information for shelters and other programs . .id. at 'JQ, .20, Mother's housing.has been
unstable throughoutthe pendency.of this case, Id. ·at.20.. Mother.had housingwith.the.Child'sfathe»
from May 9f:2015 until February of .2016 when me couple was evicted. Id; Following 'the eviction
Mother was homeless and staying at shelters or with friends. Id; C)'Ji' considers a parent to be
homeless.lf they.are'staying.in shelters, u. M,~; Saunders testified that.Mother obtained.housing with'
.the Child's.tether ,iil.Jµly or August of 2016; Id. at 29:
With respect to 'visitation, ·CYP had. established goals for Mother to attend parenting classes
and scheduled Y.is'its '111d to.maintaincontact and cooperation with the agency.Id. at 10, Mother always
visited the 'Childtogether withChild's father, Id.-, at 30. Visitswere 'initially required to be supervised
'until August o/2015 .. Id. Motherparticipated in s~pezyJ~ed parentingvisits at Arsenal. Id. at 28 .. She
s1.Jccessful~y·rompletedlhe.Ars¥gal,program on May 19,.2015. Id From:.AµgµsJ 2015 untilMarch
of 2016 M:other was permitted to have unsupervisedcommunity-visits; Id. CYF 'reverted back to
supervised visits due to ,~fety concerns when· Mother was: evicted and homeless. Id. Mother, and
Child's father visited the Child at the CYf EastOfflcethereafter.Jd at3Q,, :Ms ..Saunders testified'.
thatthe.staff who supervised the-visits had concerns.that .,Mother"inisreads·the [Child's] cues};/d: a.t
43 .· CYF had also recommended that 'Mother .attend the· Three Rivers Aoopt,im1 Council. ("TRAC.")
forindividualand family therapy. Id. at 33. Mother, however; failedtoengagethe Sei'vices.ofTR.AC.
Id. CYF hadcontinuous issueswltb visitation; Id. Motlier constantly confirmed visits and then failed
to arrive.as scheduled, Id'. The Child wouid be takento the CYF office for a confirmed visit and the
parentswould oftennotshow, id. CYF,,attempteq to :so.1ve the problem by requiring; the couple to
confirm v.isits:24.houts ahead oftime. Id. at 31. Even after confirmation, however, there were tunes
when they would notappear, Id, CYFhad difficulty communicatingwith Mother.and did nothave.a
working telephone number for the -eouple .. Ms, .Saunders.testitied.that when She: was in.contact with
Mother, Mother was compliant and made. an effort to, work through the planning process .. lM .and Sundays, from 12:00 PM until 2:00 PM; Id: By tb~ time, 'of . the. September 23, 20iJ5
hearing; however, the yisi~swerereducedfo,.once,a:we¢k due to.lack of.progress. Id. atJ8 . .Thernost
recent vi~it occurred on August 18, 20-1.6., Id; That visit ended earty because· a CYF caseworker.had
concerns, with the couples' interaction with the C.biid.Jd; at 56, A:conffontation ensued between· the
couple and the-caseworker when· the.caseworker. terminated.the. session. td.
Given. the above information Ms .. $aµn.ders testified that Mother. had not successfully
completed the CYF family service plan goals .. Id .. at '3~. By the· time of'the hearing, :CYF remained
concerned that theycould riot confirm whether or not Mother was stilf abusing.drugs and that she had
a.hlstory of instabilitywith respect to housing' . ./4~
Di. O'Hara·. fa a licensed psychologist in Pennsylvania who evaluated all .of the J1aities.
involved in this case." ($e~ T:P.R. Hearing, 9/13/2016'). Dr. O'Hara 'performed an .interactlonal
evaluation with the· 'Child and: 'the maternal grandparents oh ·March I, 2016.Id. at 4, Dr. {)'Hara
testified thatthe maternal grandparents "presented ~dth stability" and had no history ·of substance
abuse. or criminal activitf. iii. at .4.-6; The maternal .grartdparents displayed positive· parenting skills
and were engaging. J& at ·6. The ·Child. approached 'the maternal .grandparents frequently and
3 Dr. O'Hara festifi~don. the second' day:of a two-day ~:el:\rjng; 'Citations to his testimony. ref,
spontaneously and interacted well with them; Id. Dr.. O'Harafurthertestified.that the Child displayed
···a.11 Indicators of secure 'attachment" to hergrandparents as caregivers, Id;
Or. O'H.~ra·t.estified that Motherhad previouslyreported to.hirh.i.nJ1.me. of 2013. Id. at8. At'
that timeMotherreported that shewas. unable to, commit to twice..weekly. treatments which Dr.
O'Hara found to. be warranted: for her; jd; Motherparticipated 'in 1,1.r.1 fnd.1vidual' evaluation with t>r.
O'Haraon March t2, 2016~ Id. at 4. Dr. O'Ha,ra. testified that there were .a variety of concerns
.surroundlng Mother .. /d,at 8. Mother. acknowledged relapses.after thre.e rehabs and a variety of other
treatments . .ld. at:9. Motherdisclosed her. criminal.historywhich includes convictions for prostitution,
retail thd'i'and. possession. Id'. art She was unemployed, homeless: and on 'probation, at the time of
the- evaluation. Id; D,r. O'Hara testified that Mother had less than .90 days· of"~l_ean. tune" at the. time
of the evaluation .. Id; at 9. Mother reported. that In.nine years her'longest.period of "clean time" was
18 months and that part ofit was during her pregnancy withtheChild's older sibling.Id. Dr. O'Hara
reported that Mother wa~ "defensive in 'psychologica] testing" and diagnosed her wi.th "opioid use
disorder severe, .on maintenance therapy," Id.
Dr. ,O'J-I&.r.a performed an interactional evaluation with Mother, the· Child's father and the
Child on.March 22;. 20f(i kt; fie testified that.Mother displayed.positive parentih$. skills, tha'l she was
playful andcalm and 'that she. showed ·affe_ctionwell. Id. During the evaluation the Child was. calm
and relaxed With the couple and Dr; O'Hara found there. to be components ·of se~w}ty fa. 'their
relationship, Id .. 'at 'll. Dr .. O'Hara.testified, . however; that.he. ha.d substantial concerns regarding
-
Mother's stabilityJd, at 12. &pecifical~'y Dr. f the information. from. CYF, discussed s~pra,. and additional
.fofonnation from 'lility. .and inconsistency she ts still struggling: to achieve .and maintain .sobriety, This
case.has .been.pending, with CYF since the· removal of the 'Child in Z:014 ..Mother has had two years,
therefore, to become sober and stable. The Court find.s: that two years 'is more than a reasonable
amount of time-to remedy Mother's problems irr order to adequatelysupport the 'needs of-Ule.:C:luld.
Dr. O'Hara :iestified that adop.tfort at this 'point. outweighs arty potential detriment of the
termination of parental .rights. The Child has become attached' Jq the maternal grandparents.as
11
caregivers, Materna] grandparents provide .: a stable and .nurturing.environment for the Child'. The:
lack of stability .and security offered by Mother pose a. threat to the. emptio:n.al and b¢hav:io..al needs
ofthe Chlld .. Based on the foregoing the Court determined that.termination of Mother's parental
rights: serves the needs and welfare of the Child.
Under§ 25.t l(a)(S) a. trial court may terminate _parental rights based upon tr finding ofclear
(
[.t]he. 'child has been removed from the care. of the parent by: the court or under a·
·voli.frttary 'agreement with an.agency, 12 months or .more have elapsed from· the: elate·
of removal .'or placement; the ~ond.1tion~ which led lo the removal or placement of the·
c_hild· continue to exist and termination of parental rights 'would best serve the heeds
and welfare ofthe child.
The C<}\.nta.ppl{eqjJte same reasoning under §.2511(~)(8) asunder §25Jl(a )(5) in.determining
that dear and.convincing.ecidence.had been presented towarrant aterminationof Mother), parental.
rfglW~! m the .ime~esi pf clarity the Court reiterates-that: two· years have elapsed 'since the Child Was·
removed from Mother's care. CYF and Dr, .Q;Hara· t~tJiied. regarding thefr concerns .for 'Mother's
progress and Jack of s.tability•. Both CYF'.and Dr, O'Hara opined that Motlier was nor in any position.
to .appropriately care, for the ·Child. :(}{yen ;Mother's drug history, criminal. background. and lack. of
_progress: within a two-year .Period 'die 'Court determined that terminating M.oth.e(!i. parental rights.
serve :the needs a11d welfare· of'the Child.
As stated supra, Pa;C$,. § 25,l:t(Q) requires a coun' to. consider 'the developmenfal, physical
and emotional needs and welfare ·of the child, The Superior Court of P.eim~ylvaiiia has .establisbed
that a trial court must.considerthe ,e~9.tfcmal bond, if any, between. the parent and child.as a factor in
determining the needs of ~1 child.
th~ Court firs.t: considered the· Child'·s age .during the· pendency of this case, As' stated supra
'the Child wasdays old When the case was first: referred. to CYF .. She· was removed .and' placed with
12
her .maternal grandparents-on June· 8,. 2014.. the ,Chi.id, wasless than seven {7) months.old at-the time
of'herremoval and was nine: (9) months old when she was adj\lcJ.i.~ated,d~pendent. The Child hasspeni
the majority of her 'life in the custody .of her maternal . grand.parents. Mother was given ~b~ opportunity
to visit the Children ·during the pendenc:y of thi~, q1s~'but has only attended 70% of het scheduled
visits. Due to .th.e ·1µ1J9upt Qf time· that; the Child has spenUiWay from Motiwr ln the early y~rs of her
life and Mother's Willful lack·ofvi$itation, the Court.finds that there is nora substantial bondbetween
Mother
. and
. ·-··· the
' ····· Child.
....
Dr. O'Hara testified. that Mother displayed positive parenting skills· and that She. was playful,
calm and affectionate, During the .interactienal evaluation.Dr, C:)"I:Iarnroqnd that the Child interacted
well with Mother: r». O'.fJ(l,ra. further ~estified, however, that the Childdisplayed signs of secure
attachment to her maternal grandparents as caregivers, While· Mother's positive interactions :ate
noted, the 'Court finqs ~hal Chi id has: as trong bond with her maternal ~andparents. Given the age of
the Child and the level ofattachment to their maternal grandparents; the Court finds that.termination
.qf parental rights best serves· the developmental, physical and emotional needs of the Child.
:CONCLUSION
The. law is dear that the ,purpose of dependency actions Js to deten.nine a permanent
placement that.best serves the needs and. welfare of the child, The-purpose.is norto hold children in
foster care until their patents' get sober-or become adequate caregiversno matter- how long it fakes.
lle Court determined thatthe.lermination of Mother's.parental rights was newss~y'tO serve the
interests· ef.the Child. For the foregoing reasons, this Court respectfully requests that Mother's
appeal.be denied and the decree terminating her paren~~l riglits to the. :Chiicl be af!limed,
7'A1.~URT:
----i7..._ _,,J,
13
7