J-S14017-19
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
IN THE INTEREST OF: A.A.R.P. : IN THE SUPERIOR COURT OF
A/K/A A.P., A MINOR : PENNSYLVANIA
:
:
APPEAL OF: T.R., MOTHER :
:
:
:
: No. 2998 EDA 2018
Appeal from the Order Entered September 6, 2018
In the Court of Common Pleas of Philadelphia County Juvenile Division at
No(s): CP-51-AP-0000253-2018
IN THE INTEREST OF: A.A.R.P. : IN THE SUPERIOR COURT OF
A/K/A A.P., A MINOR : PENNSYLVANIA
:
:
APPEAL OF: T.R., MOTHER :
:
:
:
: No. 2999 EDA 2018
Appeal from the Order Entered September 6, 2018
In the Court of Common Pleas of Philadelphia County Juvenile Division at
No(s): CP-51-DP-1000119-2016
IN THE INTEREST OF: M.S.P., JR. : IN THE SUPERIOR COURT OF
A/K/A M.P., JR., A MINOR : PENNSYLVANIA
:
:
APPEAL OF: T.R., MOTHER :
:
:
:
: No. 3000 EDA 2018
Appeal from the Decree September 6, 2018
In the Court of Common Pleas of Philadelphia County Family Court at
No(s): CP-51-AP-0000254-2018
J-S14017-19
IN THE INTEREST OF: M.S.P., JR. : IN THE SUPERIOR COURT OF
A/K/A M.P., JR., A MINOR : PENNSYLVANIA
:
:
APPEAL OF: T.R., MOTHER :
:
:
:
: No. 3001 EDA 2018
Appeal from the Order Entered September 6, 2018
In the Court of Common Pleas of Philadelphia County Juvenile Division at
No(s): CP-51-DP-10000121-2016
IN THE INTEREST OF: S.E.D.P., : IN THE SUPERIOR COURT OF
A/K/A S.P., A MINOR : PENNSYLVANIA
:
:
APPEAL OF: T.R., MOTHER :
:
:
:
: No. 3002 EDA 2018
Appeal from the Decree September 6, 2018
In the Court of Common Pleas of Philadelphia County Juvenile Division at
No(s): CP-51-AP-0000255-2018
IN THE INTEREST OF: S.E.D.P.., : IN THE SUPERIOR COURT OF
A/K/A S.P., A MINOR : PENNSYLVANIA
:
:
APPEAL OF: T.R., MOTHER :
:
:
:
: No. 3003 EDA 2018
Appeal from the Order Entered September 6, 2018
In the Court of Common Pleas of Philadelphia County Juvenile Division at
No(s): CP-51-DP-1000123-2016
-2-
J-S14017-19
IN THE INTEREST OF: G.H.I.P. : IN THE SUPERIOR COURT OF
A/K/A G.P., A MINOR : PENNSYLVANIA
:
:
APPEAL OF: T.R., MOTHER :
:
:
:
: No. 3004 EDA 2018
Appeal from the Decree September 6, 2018
In the Court of Common Pleas of Philadelphia County Juvenile Division at
No(s): CP-51-AP-0000256-2018
IN THE INTEREST OF: G.H.I.P. : IN THE SUPERIOR COURT OF
A/K/A G.P., A MINOR : PENNSYLVANIA
:
:
APPEAL OF: T.R., MOTHER :
:
:
:
: No. 3005 EDA 2018
Appeal from the Order Entered September 6, 2018
In the Court of Common Pleas of Philadelphia County Juvenile Division at
No(s): CP-51-DP-1000125-2016
BEFORE: LAZARUS, J., NICHOLS, J., and PELLEGRINI, J.*
MEMORANDUM BY NICHOLS, J.: FILED MAY 07, 2019
T.R. (Mother), files these consolidated appeals from the decrees
granting the petitions of the Philadelphia Department of Human Services
(DHS) to involuntarily terminate her parental rights to her dependent children,
A.A.R.P., born in August 2010, M.S.P., Jr., born in August 2012, S.E.D.P.,
____________________________________________
* Retired Senior Judge assigned to the Superior Court.
-3-
J-S14017-19
born in July 2014, and G.H.I.P., born in September 2015 (collectively,
Children), pursuant to 23 Pa.C.S. § 2511(a)(1), (2), (5), (8), and (b).1 Mother
further appeals from the orders changing Children’s permanent placement
goal to adoption pursuant to 42 Pa.C.S. § 6351. We affirm.
The trial court summarized the relevant procedural and factual history,
in part, as follows:
Factual and Procedural Background:
DHS originally became involved with this family in January 2010.
DHS has received numerous General Protective Services (“GPS”)
and Child Protective Services (“CPS”) reports regarding Children
and siblings between 2010 and 2014 for issues including hygiene
issues, inadequate medical care, lack of education, lack of
appropriate shelter, lack of essential nutrition, failure to provide
adequate clothing, failure to provide adequate supervision,
emotional harm, inappropriate discipline, injuries to Children,
Children playing with an unsecured gun, and concerns of sexual
abuse. DHS implemented In Home Protective Services (“IHPS”)
for family in Mother’s home from December 2011 through April
2012. Subsequently[,] DHS implemented the Community
Umbrella Agency (“CUA”) Asociación de Puertorriqueños en
Marcha (“APM”) IHPS for the family, which remained in place until
August 22, 2016.
On April 17, 2016, DHS received a CPS report which alleged that
on April 16, 2016, Father had left a gun unsecured in the home;
Sibling 3 had been shot in the chest and was pronounced dead in
the home at 2:30 P.M.; the home was infested with roaches, fleas,
and bed bugs; the condition of the bedrooms and bathroom was
poor; Children, Sibling 1, and Sibling 2 would be in the care of
____________________________________________
1 By separate decrees entered the same date, the trial court involuntarily
terminated the parental rights of the Children’s father, M.S.P. (Father). Father
has not filed an appeal of these orders and is not a party to the instant appeals.
We note that Children have additional step-siblings, referred to by the trial
court as “Sibling” or “Siblings.” None of the Siblings are subjects of this
appeal.
-4-
J-S14017-19
maternal grandparents following the incident. This report was
indicated. On that same day, DHS and CUA went to the home of
Mother and Father to investigate the allegations of the CPS report.
CUA, maternal grandparents, Mother, and Children were present.
Children stated that they were present in the home at the time of
the shooting and Mother had not been home at the time of the
shooting. . . .
On April 19, 2016, DHS visited maternal grandparents’ home.
Children stated that on the day of the incident, they were all in
Mother and Father’s bedroom with Father, who was handling the
gun, and that Children observed the bullet strike Sibling 3.[2]
Mother admitted to DHS that she knew Father’s gun was in the
home. Mother denied a history of domestic violence with Father
and denied any knowledge of Father’s mental health issues, but
admitted that she knew that he smoked marijuana on a daily
basis. . . .[3]
On April 21, 2016, DHS received a CPS report regarding Father’s
behavior on April 17, 2016. On April 26, 2016, DHS received a
supplemental report alleging that Sibling 3 had fallen from a
window in 2014;[4] Mother would hit Children; Mother did not
provide for Children’s basic needs and rarely fed them; and that
there was concern for Children because they may [be] in Mother’s
care.
On April 28, 2016, [M.S.P., Jr.] and [S.E.D.P.] received medical
evaluations at St. Christopher’s Hospital, where they were found
to have extensive scarring, including healed loop-shaped marks
on [M.S.P., Jr.]’s body. The hospital staff was concerned that
Mother did not recognize the healed injuries and that she might
be cognitively delayed. On that same day, DHS visited Mother’s
home. Mother stated that on the day of the shooting, she
observed Father with the gun and told him to remove it from the
____________________________________________
2 Subsequent to the shooting, Father assaulted A.A.R.P. and attempted to
blame the shooting on her. N. T., 5/21/18, at 41.
3 Father was incarcerated at the time of the hearing for charges relating to
the death of Sibling 3, including third degree murder. See N.T., 5/21/18, at
41; see also N.T., 9/6/18, at 14; DHS Ex. 12.
4In some places of the certified record, it is suggested that Sibling 3 fell from
a window, while in others, it is suggested this was M.S.P., Jr.
-5-
J-S14017-19
house. Mother initially stated to DHS that she had only seen a
gun in the home on that one occasion, but she subsequently
stated that Father had a shotgun in the home in the past. Mother
also stated that she had disposed of an empty lockable box from
the bedroom closet on April 20, 2016. Mother denied any
knowledge of [M.S.P., Jr.] and [S.E.D.P.]’s scars and old injuries;
observing any injuries to Children after they had been in Father’s
care; and a history of domestic violence. On May 27, 2016, an
adjudicatory hearing was held for Children. The trial court
adjudicated Children dependent, ordered DHS to supervise, and
granted temporary legal custody (“TLC”) of Children to maternal
grandparents. Mother was to be referred to Family School and
was ordered to complete the second half of her Parenting Capacity
Evaluation (“PCE”). Additionally, Mother was ordered to have
liberal [supervised] visits with Children in the home of maternal
grandparents.
Mother completed her PCE on July 22, 2016. Forensic
Psychologist, William Russell, Ph.D. . . . concluded that based on
Mother’s housing, income, minimization of concerns, and
projection of responsibility, Mother does not have the capacity to
provide Children with safety and permanency. Mother was also
diagnosed with a mild intellectual disability. [Dr. Russell]
recommended that Mother be referred for Intellectual Disability
Services; Mother participate in mental health therapy; Mother
should participate in any psycho-education classes regarding
parenting skills; Mother’s neurologist provide clarification
regarding her seizures; Mother receive assistance in obtaining
appropriate housing; Mother should be assisted in filing for
support for Children from their respective [f]athers; Children
should not be allowed to accompany Mother on any jail visits with
Father; and that Children’s functioning should be reviewed to
ensure Children are receiving appropriate educational services.
On August 23, 2016, a permanency review hearing was held for
Children. Mother was present for this hearing. Mother testified
that she had been sexually abused by Maternal Grandfather when
she was a teenager; that the sexual abuse resulted in Mother’s
pregnancy; and that the child was subsequently placed for
adoption. The trial court ordered that DHS obtain an Order of
Protective Custody (“OPC”) for Children and that they be placed
in general foster care, not with family members. An OPC was
obtained for Children, Sibling 1, and Sibling 2. [A.A.R.P.], [M.S.P.,
Jr.], and [S.E.D.P.] were placed in a foster home through Tabor
Northern and [G.H.I.P.] was placed at Baring House Crisis
-6-
J-S14017-19
Nursery. On August 25, 2016, a shelter care hearing was held for
Children. The OPC was lifted, the temporary commit[ment] to
DHS was discharged, and Children were committed to DHS.[5]
Trial Ct. Op., 12/19/18, at 2-5 (citations to record and footnotes omitted).
Permanency review hearings were held on December 6, 2016, March 7,
2017, and May 25, 2017. Children remained committed to DHS during this
time. Notably, on May 25, 2017, DHS was ordered to have an addendum to
Mother’s PCE completed. Permanency Review Order, 5/25/17, at 2.
Thereafter,
[o]n June 17, 2017, Mother was arrested and charged with
conspiracy and the manufacture, delivery, or possession of a
controlled substance with intent to manufacture or deliver. On
August 18, 2017, a permanency review hearing was held for
Children. The trial court found Mother to be moderately compliant
with the permanency plan. Mother was referred to the Clinical
Evaluation Unit (“CEU”) for a forthwith drug and alcohol screen,
dual diagnosis and assessment, and three random drug screens
prior to the next court date. Mother was also ordered to be
referred to an Intensive Case Manager (“ICM”). Mother was
ordered to continue supervised visitation with Children. On
September 14, 2017, DHS received a Urine Drug Screen (“UDS”)
test result for Mother and Mother’s opiate level was greater than
2,000 ng/ml. On October 27, 2017, DHS received a CEU report
for Mother, which recommended a referral to [Behavioral Health
Services (BHS)] due to Mother’s reported mental health history.
The CEU report did not recommend drug and alcohol treatment
for Mother.
On November 27, 2017, a status review hearing was held for
Children. The trial court heard testimony regarding the
____________________________________________
5 At the time of the termination/goal change hearing, A.A.R.P. was placed
separately in a treatment foster home. N.T., 9/6/18, at 17. M.S.P., Jr. was
placed in a treatment foster home with Sibling 1. Id. at 19. S.E.D.P. and
G.H.I.P. were placed together in a general foster home. Id. at 21.
-7-
J-S14017-19
appropriateness of Mother’s visitation with Children. The
testimony indicated that Mother was unable to handle Children
during supervised visitation, and may be engaging in unauthorized
contact with Children outside the parameters of the trial court’s
orders. The trial court ordered that Mother’s visits were
suspended until reinstatement was recommended by Children’s
treatment providers;[6] that a copy of Mother’s PCE addendum be
provided to all parties when available; that recommendations of
Mother’s PCE be implemented; that Mother be referred to the CEU
for a forthwith drug and alcohol screen, monitoring, and three
random drug screen[s] prior to the next court date. Mother has
not attended therapy for her mental health issues since December
2017. On December 20, 2017, Mother pleaded guilty to
conspiracy and the manufacture, delivery, possession of a
controlled substance with intent to manufacture or deliver, in
relation to her June 17, 2017 arrest. On February 20, 2018,
Mother was sentenced to three years’ probation.
On March 12, 2018, DHS received an addendum to Mother’s PCE
from [Dr. Russell that] indicated that due to Mother’s ongoing
noncompliance, difficulty managing Children’s behaviors, and
drug use, Mother does not possess the ability to provide safety or
permanency to Children. The PCE addendum recommended that
Mother maintain ongoing sobriety and continue to participate in
random urine drug screens; that after a period of no less than six
months of clean urine drug screens, Mother’s visitation can be
reconsidered; that Mother participate in the recommended
caregiver sessions prior to visitation being reconsidered; that
Mother should re-enroll and comply with mental health treatment,
with a focus on helping Mother examine her role in Children’s
removal and developing her parenting skills; that Mother [should]
obtain appropriate housing and maintain the cleanliness of the
home; and that Mother [should] develop a sustainable financial
plan that takes into account her needs and the needs of Children.
Trial Ct. Op. at 5-7 (citations to record and footnotes omitted).
____________________________________________
6Mother’s visitation with Children had been supervised at DHS since August
25, 2016. See Permanency Review Order, 8/25/16, at 1.
-8-
J-S14017-19
On March 28, 2018, DHS filed petitions to involuntarily terminate
Mother’s parental rights pursuant to 23 Pa.C.S. § 2511(a)(1), (2), (5), (8),
and (b), and to change Children’s goal to adoption. The trial court held a
hearing on DHS’s petitions on May 21, 2018, and September 6, 2018.7 In
support thereof, DHS presented the testimony of Dr. Russell, the forensic
psychologist who conducted a parenting capacity evaluation and addendum of
Mother, Robin Hill, a DHS social worker, and Trish Campbell, a supervisor with
Court Appointed Special Advocates (CASA).8 DHS additionally presented DHS
Exhibits 1 through 12, which were admitted without objection. N.T., 9/6/18,
at 9-12, 35. Mother who was present and represented by counsel, testified
on her own behalf. Children were represented by counsel during this
proceeding.9
____________________________________________
7 The focus of the May 21, 2018 hearing was on Sibling 1 and Sibling 2. The
court then concentrated on Children during the September 6, 2018 hearing.
In so doing, the testimony from the May 21, 2018 hearing was, however,
incorporated by the court at the September 6, 2018 hearing and admitted as
DHS Exhibit 4. N.T., 9/6/18, at 11-12. We observe that the exhibits marked
and admitted at the May 21, 2018 hearing are not included with the certified
record. Notably, some of those relevant exhibits were re-marked and
admitted at the September 6, 2018 hearing (Dr. Russell’s curriculum vitae,
report, and addendum) or read into the record on May 21, 2018 (CEU report).
8Dr. Russell testified on May 21, 2018. Ms. Hill testified on both May 21, 2018
and September 6, 2018. Dr. Russell’s report, dated July 22, 2016, was
admitted as DHS Exhibit 6 on September 6, 2018. The addendum, dated
March 12, 2018, was admitted as DHS Exhibit 7.
9Children were represented by a guardian ad litem, Lisa Visco, Esq., and legal
counsel, Mario D’Adamo, III, Esq., who both participated in the proceedings.
Attorney D’Adamo indicated that his file contained a notation that he met with
-9-
J-S14017-19
By decrees entered September 6, 2018, the trial court involuntarily
terminated the parental rights of Mother to Children pursuant to 23 Pa.C.S. §
2511(a)(1), (2), (5), (8), and (b), and changed their permanent placement
goal to adoption.10 On October 5, 2018, Mother, through appointed counsel,
filed timely notices of appeal, as well as concise statements of errors
complained of on appeal pursuant to Pa.R.A.P. 1925(a)(2)(i) and (b).
Mother raises the following questions on appeal:
____________________________________________
children. N.T., 9/6/18, at 45. Both Attorney D’Adamo and Attorney Visco
supported termination of Mother’s parental rights and argued for such at the
conclusion of the hearing on September 6, 2018. Id. at 44. Attorney Visco
additionally filed a brief with this Court in support of termination of Mother’s
parental rights. Attorney D’Adamo did not file a brief.
As to M.S.P., Jr., and A.A.R.P., the evidence indicates that their preference
was to remain in their current foster home and be adopted, respectively. Id.
at 17-18, 20-22, 32. As to S.E.D.P. and G.H.I.P., they were approximately
four and three years old, respectively, at the time of the September 6, 2018
hearing. Ms. Hill, when questioned by Ms. Visco, suggested that S.E.D.P. and
G.H.I.P. were too young to have a preference as to adoption. Id. at 32. Based
on that testimony, the trial court also found that they were too young to
express their preferences. See Trial Ct. Op. at 22.
We find the requirements of 23 Pa.C.S. § 2313(a) were satisfied. See In re
Adoption of L.B.M., 161 A.3d 172, 174-75, 180 (Pa. 2017) (plurality)
(stating that, pursuant to 23 Pa.C.S. § 2313(a), a child who is the subject of
a contested involuntary termination proceeding has a statutory right to
counsel who discerns and advocates for the child’s legal interests, defined as
a child’s preferred outcome); see also In re T.S., 192 A.3d 1080, 1089-90,
1092-93 (Pa. 2018) (reaffirming the ability of an attorney-guardian ad litem
to serve a dual role and represent a child’s non-conflicting best interests and
legal interests).
10This decree memorialized the decision placed by the court on the record at
the conclusion of the hearing on September 6, 2018. N.T., 9/6/18, at 46-47.
- 10 -
J-S14017-19
[1]. Whether the trial court committee reversible error when it
involuntarily terminated [M]other’s parental rights where such
determination was not supported by clear and convincing evidence
under the Adoption Act 23 Pa.C.S.[] § 2511 (a)(1), (a)(2), (a)(5),
and (a)(8)?
[2]. Whether the trial court committed reversible error when it
involuntarily terminated [M]other’s parental rights without giving
primary consideration to the effect that the termination would
have on the developmental physical and emotional needs of
[C]hildren as required by the Adoption Act 23 Pa.C.S.[] §
2511(b)?
[3]. Whether [t]he [t]rial [c]ourt erred and [a]bused [i]ts
[d]iscretion [w]hen [i]t [c]hanged [t]he [g]oal [t]o [a]doption
because the goal of adoption was not in the best interest of
[C]hildren?
Mother’s Brief at 3-4.
Mother, in her first two questions, challenges the trial court’s ruling that
termination of her parental rights was appropriate under Section 2511(a) and
(b).
In matters involving involuntary termination of parental rights, our
standard of review is as follows:
The standard of review in termination of parental rights cases
requires appellate courts “to accept the findings of fact and
credibility determinations of the trial court if they are supported
by the record.” In re Adoption of S.P., 47 A.3d 817, 826 (Pa.
2012). “If the factual findings are supported, appellate courts
review to determine if the trial court made an error of law or
abused its discretion.” Id. “[A] decision may be reversed for an
abuse of discretion only upon demonstration of manifest
unreasonableness, partiality, prejudice, bias, or ill-will.” Id. The
trial court’s decision, however, should not be reversed merely
because the record would support a different result. Id. at 827.
We have previously emphasized our deference to trial courts that
often have first-hand observations of the parties spanning
multiple hearings. See In re R.J.T., [9 A.3d 1179, 1190 (Pa.
2010)].
- 11 -
J-S14017-19
In re T.S.M., 71 A.3d 251, 267 (Pa. 2013). “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.” In re M.G.,
855 A.2d 68, 73-74 (Pa. Super. 2004) (citation omitted). “[I]f competent
evidence supports the trial court’s findings, we will affirm even if the record
could also support the opposite result.” In re Adoption of T.B.B., 835 A.2d
387, 394 (Pa. Super. 2003) (citation omitted).
The termination of parental rights is governed by Section 2511 of the
Adoption Act, 23 Pa.C.S. §§ 2101-2938, and requires a bifurcated analysis of
the grounds for termination followed by the needs and welfare of the child.
Our case law has made clear that under 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 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 his
or 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. One major aspect of the needs and welfare analysis
concerns the nature and status of the emotional bond between
parent and child, with close attention paid to the effect on the child
of permanently severing any such bond.
In re L.M., 923 A.2d 505, 511 (Pa. Super. 2007) (citations omitted). We
have defined clear and convincing evidence as that which is so “clear, direct,
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
C.S., 761 A.2d 1197, 1201 (Pa. Super. 2000) (en banc) (quoting Matter of
- 12 -
J-S14017-19
Adoption of Charles E.D.M., II, 708 A.2d 88, 91 (Pa. 1998)). We have long
held that in order to affirm a termination of parental rights, we need only
agree with the trial court as to any one subsection of Section 2511(a), as well
as Section 2511(b). See In re B.L.W., 843 A.2d 380, 384 (Pa. Super. 2004)
(en banc).
Section 2511(a)(2) provides:
(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.
23 Pa.C.S. § 2511(a)(2).
As to Section 2511(a)(2), Mother argues that she attempted to comply
with her objectives and commitment to Children. Mother’s Brief at 6-7.
Mother also asserts:
In the instant matter, evidence demonstrates [M]other’s attempt
at trying to comply with objectives in order to reunify with
[C]hildren, although [C]hildren were not in her care. Mother
completed a housing program as well as parenting classes. . . .
Mother has demonstrated her commitment to [remain] close to
[C]hildren because she had a good relationship with [C]hildren.
- 13 -
J-S14017-19
The visits with [C]hildren went well and [Sibling 1 and Sibling 2 11]
wanted to reunify with [M]other.
Id. (citations to record omitted).
With regard to termination of parental rights pursuant to Section
2511(a)(2), we have indicated:
In order to terminate parental rights pursuant to 23 Pa.C.S.[] §
2511(a)(2), the following three elements must be met: (1)
repeated and continued incapacity, abuse, neglect or refusal; (2)
such incapacity, abuse, neglect or refusal has caused the child to
be without essential parental care, control or subsistence
necessary for his physical or mental well-being; and (3) the
causes of the incapacity, abuse, neglect or refusal cannot or will
not be remedied.
In re Adoption of M.E.P., 825 A.2d 1266, 1272 (Pa. Super. 2003) (citation
omitted). “The grounds for termination 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 Adoption of C.D.R., 111 A.3d 1212, 1216 (Pa. Super. 2015)
(quoting 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. . . . [A] parent’s vow to cooperate, after a
long period of uncooperativeness regarding the necessity or availability of
services, may properly be rejected as untimely or disingenuous.” A.L.D., 797
A.2d at 340 (citations and quotation marks omitted).
____________________________________________
11As referenced above, Sibling 1 and Sibling 2 are not subjects of the instant
appeal.
- 14 -
J-S14017-19
Instantly, in finding grounds for termination of Mother’s parental rights
pursuant to Section 2511(a)(2), the trial court stated:
Throughout the time that [C]hildren have been in the custody of
DHS, Mother’s SCP objectives were to consistently attend
counseling, follow the recommendations of her therapist,
participate in caregiver sessions at CCTC to be eventually
incorporated into Children’s therapy, participate in any clinical and
educational meetings for Children to sign appropriate paperwork,
complete random drug screens, secure appropriate housing,
attend ARC for parenting and employment, complete a PCE, and
attend visitation with Children when visitation was not suspended.
Mother stopped attending individual therapy in December 2017
and Mother did not re-engage until approximately one week prior
to the termination trial. Mother testified that she stopped
attending individual therapy because she felt as though she did
not need therapy. DHS indicated that Mother blamed her lack of
engagement on receiving a new phone number and interpersonal
issues with her family. Mother’s therapy was to help address her
relationship issues, issues regarding her parenting, and any
objectives that Mother needed to address regarding the safety of
Children. Mother misled DHS to believe that she was still
attending individual therapy when she had actually stopped
attending. Mother has participated in two caregiver sessions, but
Mother was not consistent with her attendance. Mother was
referred to caregiver sessions because[,] although she completed
parenting through ARC, there were still concerns regarding her
ability to parent. DHS had trouble scheduling caregiver sessions
with Mother because Mother changed her phone number and was
unreachable for multiple weeks. Mother typically attends the
educational meetings for Children and signs the appropriate
paperwork. Mother tested positive for opiates at over six times
the cutoff limit just one day after attending a scheduled visit with
Children. Mother did attend all random drug screens. Mother also
plead guilty to a drug trafficking charge in February 2018, and is
currently on probation. Mother’s current home is not appropriate
for Children[.] This home is not appropriate due to the trauma
Children experienced after watching the death of Sibling 3.
Mother has completed the housing workshop through ARC, but
Mother has not indicated that she has sought different housing.
Instead, Mother has indicated that she was working on
rehabilitating the home. Mother was evicted from her home in
- 15 -
J-S14017-19
August 2018, and is currently residing with a family friend. Mother
did complete parenting in 2016, but there are still concerns as to
Mother’s ability to parent. Due to the concerns about Mother’s
parenting, Mother was asked to re-engage with ARC for parenting
and to participate in caregiver sessions. Mother completed the
job training program at the ARC, but when she re-engaged at the
ARC for a second time to increase her income, Mother stopped
attending. Mother completed the PCE in 2016 and an addendum
to the PCE (“Addendum”) in March 2018. The Addendum indicates
that due to Mother’s ongoing noncompliance, Mother’s difficulty
managing Children’s behavior, and concerns of Mother’s drug use,
Mother does not possess the ability to provide safety or
permanency to Children. [Dr. Russell] indicated that one of the
concerns during the evaluation was that Mother was not
forthcoming. Mother indicated that she was attending therapy,
although she was not, and . . . she had not disclosed her drug use
or her drug-related arrest. Mother had also not followed up with
the Department of Intellectual Disabilities, as previously
recommended in the PCE. During the PCE and Addendum, Mother
completed the MMPI-2, but due to Mother’s cognitive deficiencies,
the test results were invalid. Following the completion of the
Addendum, [Dr. Russell] recommended that Mother maintain
ongoing sobriety as well as participate in random drug screens;
visitation should not be revisited until Mother has provided at least
six months of clean drug screens; Mother should re-enroll and
comply with mental health treatment with the focus on her role in
Children’s removal related to neglect of their basic needs, medical
needs, and inability to sustain the condition of her home; Mother
should participate in caregiver sessions before visitation should be
reconsidered; Mother should obtain appropriate housing and
maintain the cleanliness of the home; and Mother should develop
a sustainable financial plan that, takes account [of] her needs and
the needs of Children. [Dr. Russell] testified that Mother was
provided with all of the appropriate referrals and
recommendations, when necessary. Mother’s visits with Children
were suspended in November 2017 until otherwise recommended
by the therapist. Prior to the suspension, Mother had supervised
visits with Children. Although Mother consistently visited Children
prior to the suspension of the visits, Mother’s visits with Children
were described as “chaotic.” Mother had to be constantly
redirected to properly supervise the visits. Many times, DHS had
to step in to protect the safety of Children. Mother would often
remain seated, although she was consistently instructed to get up
and engage with Children. Mother struggled to address the
- 16 -
J-S14017-19
individual needs of Children, which is why it was recommended
for Mother to participate in caregiver sessions instead of
supervised visitation. Mother admitted to acting inappropriately
during visits with Children by asking Children to forgive Father on
more than one occasion. Mother has been moderately compliant
with her goals. Mother was initially substantially compliant with
her objectives, but Mother’s compliance has dropped over time.
Mother needed assistance to complete her goals, but she was
offered all of the appropriate services referrals and support by
DHS. Children need permanency, which Mother cannot provide.
Even when Mother had supervised visits, Mother had to be
directed to provide for Children’s needs. Mother has
demonstrated that she is unwilling to remedy the causes of her
incapacity to parent[ i]n order to provide Children with essential
parental care, control, or subsistence necessary for their physical
and mental well-being. The conditions and causes of Mother’s
incapacity cannot or will not be remedied by Mother. Mother does
not exhibit the mental capacity to safely parent and supervise . .
. Children. Termination under 23 Pa.C.S.[] § 2511(a)(2) was also
proper.
Trial Ct. Op. at 11-14 (citations to record omitted).
Our review establishes the trial court’s finding of grounds for termination
under Section 2511(a)(2) was supported by the record. The record reveals
that Mother failed to comply with her established family service plan goals,
N.T., 9/6/18, at 25-29, and lacked the capacity to provide for Children’s
permanency and welfare, N.T., 5/21/18, at 25. Ms. Hill, the DHS social
worker, testified that Mother’s compliance with her family service plan goals,
which included participation in individual therapy, participation in caregiver
sessions with Children’s therapists, and maintenance of safe and appropriate
housing, was minimal. N.T., 9/6/18, at 25, 29. In particular, Ms. Hill
highlighted Mother’s lack of consistent engagement in individual therapy. Id.
at 26-27. She expressed that Mother’s failure in this aspect was “a huge
- 17 -
J-S14017-19
concern, because that was one of the primary goals, for mom to continue
engage [sic] her own emotional needs.” Id. at 27.
Ms. Hill indicated her belief that Children could not safely be returned to
Mother. Id. at 29. Ms. Hill explained:
Because I have concerns regarding [M]other’s mental stability, the
fact that she hasn’t engaged in therapy consistently, and then also
just the issues regarding the reports that we received previously.
We’re still trying to work through the trauma issues with the kids
regarding [their sister’s death] and the severe neglect in the
home, the educational neglect as well. That’s why so many of the
kids are behind academically, that’s why they have IEPs and they
need special services. And I’m not sure that mom -- even though
she attended meetings in the past, over a period of time, I’m not
sure that mom would consistently be able to follow-up with those
things as far as academics and also as far as the mental health
treatment of [C]hildren, because she’s not following up with her
own mental health.
Id.
Ms. Hill also expressed concern as to Mother’s parenting capacity, noting
the need to redirect Mother constantly during visitations. N.T., 5/21/18, at
67. Ms. Hill stated, in part: “[M]y concern was[,] even though [Mother] had
completed parenting[,] she still seemed to lack the appropriate like parental
guidelines and information to actually supervise [C]hildren.” Id.
Moreover, Dr. Russell opined that Mother lacked the capacity to provide
safety and permanency to Children. Id. at 25. In his addendum, Dr. Russell
stated: “Due to [Mother]’s ongoing noncompliance and ongoing difficulty
managing [C]hildren’s behavior in a limited setting and potential concerns of
drug use, [Mother] does not possess the ability to provide safety or
permanency to [C]hildren.” DHS Ex. 7, at 8 (unpaginated). Dr. Russell did
- 18 -
J-S14017-19
not anticipate Mother would be able to obtain such capacity. N.T., 5/21/18,
at 29.
Therefore, the record substantiates the trial court’s conclusion that
Mother’s repeated and continued incapacity, abuse, neglect, or refusal has
caused Children to be without essential parental control or subsistence
necessary for their physical and mental well-being. See M.E.P., 825 A.2d at
1272. Moreover, Mother cannot or will not remedy this situation. As this
Court has stated: “[A] child’s life cannot be held in abeyance while a parent
attempts to attain the maturity necessary to assume parenting
responsibilities. The court cannot and will not subordinate indefinitely a child’s
need for permanence and stability to a parent’s claims of progress and hope
for the future.” In re Adoption of R.J.S., 901 A.2d 502, 513 (Pa. Super.
2006). Accordingly, we discern no error in the trial court’s conclusion that
termination of Mother’s parental rights was proper under Section 2511(a)(2).
Mother next argues that the trial court erred in terminating her parental
rights to Children under Section 2511(b). Mother’s Brief at 8-12. Mother
emphasizes her testimony that she has bonds with Children, that they call her
“Mom,” and that they appeared happy to see her at visits. Id. at 9. Mother
claims that the trial court erred in failing to consider those bonds and how
termination of those bonds would affect the welfare of Children. Id. at 12.
Section 2511(b) provides:
(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
- 19 -
J-S14017-19
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(b).
Our Supreme Court has stated:
[I]f the grounds for termination under subsection (a) are met, a
court “shall give primary consideration to the developmental,
physical and emotional needs and welfare of the child.” 23 Pa.C.S.
§ 2511(b). The emotional needs and welfare of the child have
been properly interpreted to include “[i]ntangibles such as love,
comfort, security, and stability.” In re K.M., 53 A.3d 781, 791
(Pa. Super. 2012). In In re E.M., [620 A.2d 481, 485 (Pa. 1993)],
this Court held that the determination of the child’s “needs and
welfare” requires consideration of the emotional bonds between
the parent and child. The “utmost attention” should be paid to
discerning the effect on the child of permanently severing the
parental bond. In re K.M., 53 A.3d at 791. However, as
discussed below, evaluation of a child’s bonds is not always an
easy task.
T.S.M., 71 A.3d at 267. “In cases where there is no evidence of any bond
between the parent and child, it is reasonable to infer that no bond exists.
The extent of any bond analysis, therefore, necessarily depends on the
circumstances of the particular case.” In re K.Z.S., 946 A.2d 753, 762-63
(Pa. Super. 2008) (citation omitted).
When evaluating a parental bond, “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
- 20 -
J-S14017-19
evaluation.” In re Z.P., 994 A.2d 1108, 1121 (Pa. Super. 2010) (citations
omitted).
Moreover,
While a parent’s emotional bond with his or her child is a major
aspect of the subsection 2511(b) best-interest analysis, it is
nonetheless only one of many factors to be considered by the
court when determining what is in the best interest of the child.
[I]n addition to a bond examination, the trial court can
equally emphasize the safety needs of the child, and
should also consider the intangibles, such as the love,
comfort, security, and stability the child might have
with the foster parent. . . .
C.D.R., 111 A.3d at 1219 (citations and quotation marks omitted).
In finding that Children’s emotional needs and welfare favor termination
pursuant to Section 2511(b), the trial court reasoned as follows:
Mother’s visits with Children were suspended in November 2017
until otherwise recommended by the therapist. Prior to the
suspension, Mother had supervised visits with Children. Although
Mother consistently visited Children prior to the suspension of the
visits, Mother’s visits with Children were described as “chaotic.”
Mother had to be constantly redirected to properly supervise the
visits. Many times, DHS had to step in to protect the safety of
Children. Mother would often remain seated, although she was
consistently instructed to get up and engage with Children.
Mother struggled to address the individual needs of Children,
which is why it was recommended for Mother to participate in
caregiver sessions at CCTC instead of supervised visitation.
Mother admitted to acting inappropriately during visits with
Children by asking Children to forgive Father on more than one
occasion. Mother has been moderately compliant with her goals.
Mother was initially substantially compliant with her objectives,
but Mother’s compliance has dropped over time. Mother needed
assistance to complete her goals but she was offered all of the
appropriate services referrals and support by DHS. [A.A.R.P.] is
currently placed in a treatment level foster home, due to the
- 21 -
J-S14017-19
trauma experienced from Sibling 3’s death. Child is bonded with
her foster parent and has asked to be adopted by the foster
parent. Foster parent participates in Child’s therapeutic and
educational services. [A.A.R.P.] looks to foster parent to meet her
day-to-day needs. [M.S.P., Jr.] is currently placed in the same
treatment level foster home as Sibling 1. [M.S.P., Jr.] is bonded
with Sibling 1 and has a positive relationship with the foster
parent, which is a pre-adoptive home. The foster parent has been
fully participating as [M.S.P., Jr.]’s educational decision maker and
makes sure that [M.S.P., Jr.] consistently attends weekly therapy.
[M.S.P., Jr.] indicated that he wants to continue living in this
home. [M.S.P., Jr.] refers to the foster parent as “mommy.”
[S.E.D.P.] and [G.H.I.P.] are currently in a pre-adoptive home
together. [S.E.D.P.] and [G.H.I.P.] are very bonded to the foster
parent. The foster parent makes sure that [S.E.D.P.] and
[G.H.I.P.]’s needs are being met[.] Children were appointed legal
counsel and a Court Appointed Special Advocate. Children’s legal
counsel met with Children and confirmed that [A.A.R.P.] and
[M.S.P., Jr.] want to stay with their caregivers. [A.A.R.P.] has
actually asked to be adopted. [M.S.P., Jr.] is not mature enough
to provide his wishes as to adoption, but he has made it clear that
he wants to stay in his pre-adoptive home with Sibling [1]. As to
[S.E.D.P.] and [G.H.I.P.], they are happy in their pre-adoptive
home, but they are not mature enough to provide their wishes as
to adoption. The record establishes by clear and convincing
evidence that termination would not sever an existing and
beneficial relationship with Mother. Mother has had no visits since
November 2017. Mother’s visits are at the recommendation of
Children’s therapist, CCTC. In order for CCTC to determine
whether Mother’s visits must resume, Mother must be consistent
in the caregiver sessions. Children have bonded to their foster
parents and their other siblings in the home. Although Children
may recognize Mother, their bond with Mother is very attenuated.
It is not a parent/child bond. The DHS witnesses were credible.
The trial court’s termination of Mother’s parental rights to
[C]hildren under 23 Pa.C.S.[] § 2511(b) was proper and there was
no error of law or an abuse of discretion.
Trial Ct. Op. at 21-23 (citations to record omitted).
The record supports the trial court’s finding that Children’s
developmental, physical and emotional needs and welfare favor termination
- 22 -
J-S14017-19
of Mother’s parental rights pursuant to Section 2511(b). Critically, despite
Mother’s assertion of a bond with Children, Mother’s visits with Children were
suspended on November 27, 2017. N.T., 9/6/18, at 39-40; N.T., 5/21/18, at
46. Mother’s visitation was to remain suspended until Children’s treatment
provider recommended reinstatement, which never occurred. N.T., 9/6/18,
at 28; N.T., 5/21/18, at 46, 74-75. Although not described as inappropriate,
Mother’s visitation with Children prior to suspension were referred to by Ms.
Hill, as well as by Mother herself, as “chaotic.” N.T., 5/21/18, at 93, 126.
Further, Ms. Hill, explained: “It was . . . a matter of [Mother] needing to know
how to address the individual needs of [C]hildren. . . . There were safety
concerns because [Mother] did not know how to address the specific safety
needs of [C]hildren.” Id. at 103-04.
Moreover, Ms. Hill testified that Children were doing well in their
placements, which were pre-adoptive,12 and had positive relationships with
their respective foster parents.13 N.T., 9/6/18, at 17-18, 20-22, 32. As such,
Ms. Hill opined that it was appropriate to recommend permanency through
adoption, indicating no harm would result to Children if Mother’s parental
rights were terminated. Id. at 30. Ms. Hill further offered that it was in
Children’s best interests to stay with their current caregivers and be adopted.
She explained: “[T]he kids are doing so well emotionally, physically, and I’ve
____________________________________________
12 M.S.P., Jr.’s placement is tentatively pre-adoptive. N.T., 9/6/18, at 20, 33.
13Ms. Hill further testified that M.S.P., Jr., was bonded with his older Sibling
with whom he was placed. Id. at 19.
- 23 -
J-S14017-19
just seen a tremendous positive change in their mental health. So[,] I just
really believe it’s in their best interest to stay with their current caregivers and
be adopted.” Id. at 31.
When asked if Children want to be adopted, Ms. Hill responded,
The two youngers [sic] ones, they’re too young to -- but with
[M.S.P., Jr.], he calls [foster mother] mommy and he feels very
comfortable in the home. And I know that he would love to stay
there. He’s the happiest I’ve ever seen him. And then of course,
with [A.A.R.P.], she requested that right in front of me during a
visit, so she definitely wants to be adopted.
Id. at 32.
Similarly, when asked by legal counsel for Children about M.S.P., Jr.,
and A.A.R.P.’s preferences, Ms. Hill continued,
[M.S.P., Jr.] didn’t say he wants to be adopted. It’s -- we are not
at that point where we are asking him that question only because
it’s a pre-adoptive situation, but [foster mother] has not made the
final decision yet and he just turned six, so we don’t want to get
him confused. He’s very happy in the home. He’s made it clear
he wants to stay there and his older sibling is there. [A.A.R.P.] is
eight, so yes, she definitely understands and she’s made that
request.
Id. at 33.
Likewise, Ms. Campbell, a CASA supervisor, indicated that
[C]hildren are doing exceptionally well in their placements. We
agree with Ms. Hill that [M.S.P., Jr.] is the happiest he’s ever been,
the most stable, really making significant improvement. We were
actually just talking out there, just the stability [C]hildren are in
now is pretty astounding given all that they’ve been through and
they all love where they are. They love their caregivers. We’re in
complete agreement with moving forward with adoption for all of
them.
Id. at 43.
- 24 -
J-S14017-19
Thus, the record confirms the trial court’s finding that termination of
Mother’s parental rights serves Children’s developmental, physical and
emotional needs and welfare and was proper pursuant to Section 2511(b).
While Mother may profess to love Children, a parent’s own feelings of love and
affection for a child, alone, will not preclude termination of parental rights.
See Z.P., 994 A.2d at 1121. At the time of the hearing, Children had already
been in care for approximately twenty-four months, and are entitled to
permanency and stability. As we stated, a child’s life “simply cannot be put
on hold in the hope that [a parent] will summon the ability to handle the
responsibilities of parenting.” Id. at 1125. Rather, “a parent’s basic
constitutional right to the custody and rearing of his child is converted, upon
the failure to fulfill his or her parental duties, to the child’s right to have proper
parenting and fulfillment of his or her potential in a permanent, healthy, safe
environment.” In re B., N.M., 856 A.2d 847, 856 (Pa. Super. 2004) (citation
omitted).
Accordingly, based upon our review of the record, we find no abuse of
discretion and conclude that the trial court appropriately terminated Mother’s
parental rights under 23 Pa.C.S. § 2511(a)(2) and (b).
Lastly, Mother asserts that “the permanent loss of . . . Children’s vital
relationship with [M]other did not serve their best interests, and instead
harmed . . . Children.” Mother’s Brief at 13. Mother suggests that DHS failed
to present clear and convincing evidence regarding Children’s emotional bonds
to her and the effects termination would have on Children. Id.
- 25 -
J-S14017-19
Our standard of reviewing whether the trial court’s decision to change a
permanency goal to adoption is the same abuse of discretion standard as
noted above. See In the Interest of L.Z., 111 A.3d 1164, 1174 (Pa. 2015)
(citing R.J.T., 9 A.3d at 1190, for the proposition that the abuse of discretion
standard applies in a dependency matter); see also In re S.B., 943 A.2d
973, 977 (Pa. Super. 2008)).
Pursuant to [42 Pa.C.S.] § 6351(f) of the Juvenile Act, when
considering a petition for a goal change for a dependent child, the
juvenile court is to consider, inter alia: (1) the continuing
necessity for and appropriateness of the placement; (2) the extent
of compliance with the family service plan; (3) the extent of
progress made towards alleviating the circumstances which
necessitated the original placement; (4) the appropriateness and
feasibility of the current placement goal for the children; (5) a
likely date by which the goal for the child might be achieved; (6)
the child’s safety; and (7) whether the child has been in placement
for at least fifteen of the last twenty-two months. The best
interests of the child, and not the interests of the parent, must
guide the trial court. As this Court has held, a child’s life simply
cannot be put on hold in the hope that the parent will summon
the ability to handle the responsibilities of parenting.
In re A.B., 19 A.3d 1084, 1088-89 (Pa. Super. 2011) (citations and quotation
marks omitted).
Additionally, Section 6351(f.1) requires the trial court to make a
determination regarding the child’s placement goal:
(f.1) Additional determination.—Based upon the
determinations made under subsection (f) and all relevant
evidence presented at the hearing, the court shall determine
one of the following:
* * *
- 26 -
J-S14017-19
(2) If and when the child will be placed for adoption, and
the county agency will file for termination of parental
rights in cases where return to the child’s parent,
guardian or custodian is not best suited to the safety,
protection and physical, mental and moral welfare of the
child.
42 Pa.C.S. § 6351(f.1).
Upon review of the record, a challenge to the goal change lacks merit.
The record reveals that a change of the permanency goal to adoption was in
Children’s best interests. Mother had failed to complete her family service
plan goals, most importantly attendance at individual therapy, and was unable
to provide for Children’s permanency and safety and not anticipated to acquire
this capacity. N.T., 9/6/18, at 25-29; N.T., 5/21/18, at 25, 29. Moreover,
Children had been in care for approximately two years and had not visited
with Mother for almost one year. N.T., 5/21/18, at 46. The evidence
established that they were doing well and bonded with their respective foster
parents. N.T., 9/6/18, at 17-18, 20-22, 32. Notably, M.S.P., Jr., was
described as having made great strides and the “happiest he’s ever been” and
A.A.R.P. specifically requested to be adopted. Id. at 32, 43. Therefore, the
record supports that a goal change was in the best interests of Children.
Accordingly, after review of the record, we again discern no abuse of
discretion, and conclude that the trial court properly changed Children’s
permanent placement goal to adoption.
Accordingly, based upon our review of the record, we find no abuse of
discretion and conclude that the trial court appropriately terminated Mother’s
- 27 -
J-S14017-19
parental rights under 23 Pa.C.S. § 2511(a)(2) and (b) and changed Children’s
permanent placement goal to adoption.
Decrees and orders affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 5/7/19
- 28 -