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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
IN THE INTEREST OF: B.A.D., A : IN THE SUPERIOR COURT OF
MINOR : PENNSYLVANIA
:
:
APPEAL OF: B.D., FATHER :
:
:
:
: No. 1887 EDA 2016
Appeal from the Order Entered May 19, 2016
In the Court of Common Pleas of Philadelphia County
Civil Division at No(s): CP-51-AP-0000210-2016
BEFORE: BOWES, J., OTT, J. and FORD ELLIOTT, P.J.E.
MEMORANDUM BY OTT, J.: FILED APRIL 12, 2017
B.D. (“Father”) appeals from the May 19, 2016 decree in the Court of
Common Pleas of Philadelphia County involuntarily terminating his parental
rights to his son, B.A.D. (“Child”), born in June of 2011.1 Upon careful
review, we affirm.
The relevant facts and procedural history are as follows. Child was
placed in the care of the Philadelphia Department of Human Services
(“DHS”) immediately after birth due to testing positive for controlled
substances, inter alia. Trial Court Opinion, 11/23/16, at 1. The trial court
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1
By separate decree on May 19, 2016, the trial court involuntarily
terminated the parental rights of P.E.A. (“Mother”). Mother did not file a
notice of appeal, and she is not a party to this appeal.
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adjudicated Child dependent on June 30, 2011. Id. On March 1, 2012, the
court placed Child in the physical custody of Father with DHS supervision.
Id. at 2. On May 31, 2012, the court discharged DHS supervision of Child,
and ordered that custody remain with Father. Id.
Less than two years later, on February 12, 2014, Father was arrested
and charged with crimes related to controlled substances. Involuntary
Termination Petition, 3/1/16, at Exhibit A, ¶ ggg. 2 On October 31, 2014,
Father pleaded guilty, and he was sentenced to a term of incarceration of 24
to 72 months. Trial Court Opinion, 11/23/16, at 2.
On February 19, 2015, DHS became aware of Father’s incarceration
based upon a report that also alleged Child was residing without heat or gas
service “in an unfinished basement apartment in a deplorable condition with
structural damage” with Father’s paramour. Id. On the same date, the trial
court placed Child in the custody of DHS. Involuntary Termination Petition,
3/1/16, at Exhibit A, ¶ kkk. The court adjudicated Child dependent on July
14, 2015. Trial Court Opinion, 11/23/16, at 2.
Father was released from prison on an unspecified date in February of
2016. N.T., 5/19/16, at 14-15, 17, 32. On March 1, 2016, DHS filed a
petition for the involuntary termination of Father’s parental rights pursuant
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2
During the subject proceedings, Father’s counsel stipulated to all but ¶¶
ttt-uuu in Exhibit A attached to the involuntary termination petition. See
N.T., 5/19/16, at 12-13.
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to 23 Pa.C.S.A. § 2511(a)(1), (2), (5), (8), and (b). A hearing occurred on
May 19, 2016, during which DHS presented the testimony of Alicia Bond, the
social worker from the Community Umbrella Association (“CUA”) who has
worked with this family since Child’s placement in February of 2015. Father
testified on his own behalf. At the conclusion of the testimonial evidence,
the Child Advocate, on the record and in open court, joined DHS in its
request for the involuntary termination of Father’s parental rights. N.T.,
5/19/16, at 36.
By decree dated May 19, 2016, and entered on June 10, 2016, the
trial court involuntarily terminated Father’s parental rights pursuant to the
statutory provisions alleged in the involuntary termination petition. Father
timely filed a notice of appeal and a concise statement of errors complained
of on appeal pursuant to Pennsylvania Rule of Appellate Procedure
1925(a)(2)(i) and (b).
On appeal, Father presents the following issues for our review:
1. Did the [t]rial [c]ourt err in terminating [Father’s] parental
rights under 23 Pa.C.S. [§] 2511(a)(1), 2511(a)(2), 2511(a)(5),
and 2511(a)(8)?
2. Did the [t]rial [c]ourt err in finding that termination of
[F]ather’s parental rights best served the child’s developmental,
physical and emotional needs under 23 Pa.C.S. [§] 2511(b)?
3. Did the [t]rial [c]ourt err in changing the child’s goal to
adoption?
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Father’s brief at vi.3
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. If the factual findings are supported, appellate
courts review to determine if the trial court made an error of law
or abused its discretion. A decision may be reversed for an
abuse of discretion only upon demonstration of manifest
unreasonableness, partiality, prejudice, bias, or ill-will. The trial
court’s decision, however, should not be reversed merely
because the record would support a different result. We have
previously emphasized our deference to trial courts that often
have first-hand observations of the parties spanning multiple
hearings.
In re T.S.M., 71 A.3d 251, 267 (Pa. 2013) (citations and quotation marks
omitted).
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3
With respect to Father’s third issue, he did not file an appeal from the
alleged goal change order. In his notice of appeal, Father stated that he
appeals “from the Order entered in this matter on May 19, 2016 terminating
the Father’s parental rights.” Notice of Appeal, 6/17/16. In addition, the
caption on Father’s notice of appeal includes the docket number for the
involuntary termination matter and not the dependency matter. See
Pa.R.A.P. 902 (providing, “[a]n appeal permitted by law as of right from a
lower court to an appellate court shall be taken by filing a notice of appeal
with the clerk of the lower court within the time allowed by Rule 903 (time
for appeal). . .”). Further, the certified record before this Court includes the
termination matter and not the dependency matter. See Pa.R.A.P. 1921
(providing, “[t]he original papers and exhibits filed in the lower court, paper
copies of legal papers filed with the prothonotary by means of electronic
filing, the transcript of proceedings, if any, and a certified copy of the docket
entries prepared by the clerk of the lower court shall constitute the record on
appeal in all cases”). Therefore, because Father appealed from the
involuntary termination decree and not from the goal change order, we do
not address his third issue.
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Termination of parental rights is governed by Section 2511 of the
Adoption Act, 23 Pa.C.S.A. §§ 2101-2938, which requires a bifurcated
analysis.
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 need only agree with the trial court as to any one subsection of
Section 2511(a), as well as Section 2511(b), in order to affirm. See In re
B.L.W., 843 A.2d 380, 384 (Pa. Super. 2004) (en banc). In this case, we
conclude that the certified record supports the decree pursuant to Section
2511(a)(1) and (b), which provide as follows.4
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4
Based on this disposition, we need not review the decree pursuant to
Section 2511(a)(2), (5), or (8). See In re B.L.W., supra. However, it is
important to note that termination pursuant to Section 2511(a)(5) and (8)
was not proper because Father was incarcerated at the time of Child’s
placement in February of 2015. See In re C.S., 761 A.2d 1197 (Pa. Super.
2000) (en banc) (stating that Section 2511(a)(5) and (8) did not provide a
basis for terminating the father’s parental rights when he was incarcerated
at the time of the child’s removal from the mother’s care).
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(a) General Rule.—The rights of a parent in regard to a child
may be terminated after a petition filed on any of the following
grounds:
(1) The parent by conduct continuing for a period of at
least six months immediately preceding the filing of the
petition either has evidenced a settled purpose of
relinquishing parental claim to a child or has refused or
failed to perform parental duties.
...
(b) Other considerations.―The court in terminating the rights
of a parent shall give primary consideration to the
developmental, physical and emotional needs and welfare of the
child. The rights of a parent shall not be terminated solely on
the basis of environmental factors such as inadequate housing,
furnishings, income, clothing and medical care if found to be
beyond the control of the parent. With respect to any petition
filed pursuant to subsection (a)(1), (6) or (8), the court shall not
consider any efforts by the parent to remedy the conditions
described therein which are first initiated subsequent to the
giving of notice of the filing of the petition.
23 Pa.C.S.A § 2511(a)(1), (b).
With respect to Section 2511(a)(1), this Court has stated, “the moving
party must produce clear and convincing evidence of conduct, sustained for
at least the six months prior to the filing of the termination petition, which
reveals a settled intent to relinquish parental claim to a child or a refusal or
failure to perform parental duties.” In re Z.S.W., 946 A.2d 726, 730 (Pa.
Super. 2008) (citing In re Adoption of R.J.S., 901 A.2d 502, 510 (Pa.
Super. 2006)). We have stated, “the trial court must consider the whole
history of a given case and not mechanically apply the six-month statutory
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provision.” In re N.M.B., 856 A.2d 847, 854-855 (Pa. Super. 2004)
(citations omitted). Further,
Once the evidence establishes a failure to perform parental
duties or a settled purpose of relinquishing parental rights, the
court must engage in three lines of inquiry: (1) the parent’s
explanation for his or her conduct; (2) the post-abandonment
contact between parent and child; and (3) consideration of the
effect of termination of parental rights on the child pursuant to
Section 2511(b).
In re Z.S.W., supra (quoting In re Adoption of Charles E.D.M., 708 A.2d
88, 92 (Pa. 1998)).
In In re Adoption of S.P., 47 A.3d 817 (Pa. 2012), our Supreme
Court discussed In re Adoption of McCray, 331 A.2d 652 (Pa. 1975), a
case wherein the Court considered the issue of the termination of parental
rights of incarcerated persons involving abandonment, which is currently
codified at Section 2511(a)(1). The S.P. Court stated:
Applying in McCray the provision for termination of parental
rights based upon abandonment, now codified as § 2511(a)(1),
we noted that a parent “has an affirmative duty to love, protect
and support his child and to make an effort to maintain
communication and association with that child.” Id. at 655. We
observed that the father’s incarceration made his performance of
this duty “more difficult.” Id.
In re Adoption of S.P., 47 A.3d at 828. The S.P. Court continued:
[A] parent’s absence and/or failure to support due to
incarceration is not conclusive on the issue of
abandonment. Nevertheless, we are not willing to
completely toll a parent’s responsibilities during his or her
incarceration. Rather, we must inquire whether the
parent has utilized those resources at his or her
command while in prison in continuing a close
relationship with the child. Where the parent does not
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exercise reasonable firmness in declining to yield to
obstacles, his other rights may be forfeited.
[McCray] at 655 (footnotes and internal quotation marks
omitted). . . .
In re Adoption of S.P., supra (emphasis added); see also In re B.,N.M.,
856 A.2d 847, 855 (Pa. Super. 2004) (internal citations omitted) (stating
that a parent does not perform his or her parental duties by displaying a
“merely passive interest in the development of the child”).
With respect to Section 2511(b), this Court has stated that,
“[i]ntangibles such as love, comfort, security, and stability are involved in
the inquiry into the needs and welfare of the child.” In re C.M.S., 884 A.2d
1284, 1287 (Pa. Super. 2005) (citation omitted). Further, the trial court
“must also discern the nature and status of the parent-child bond, with
utmost attention to the effect on the child of permanently severing that
bond.” Id. (citation omitted). Moreover, “[i]n 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, 762-763 (Pa. Super. 2008) (citation omitted).
Instantly, with respect to Section 2511(a)(1), Father argues that the
record was insufficient to support termination of his parental rights.
Specifically, Father asserts that Alicia Bond, the CUA worker, testified that
he “was released from incarceration in February of 2016, that he was living
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with his mother, that he had a visit with the child that went well[,] and that
the child had lived with [F]ather from 2012-2014.” Father’s brief at 4. In
addition, Father asserts that he “was incarcerated for the five months before
the filing of the termination petition[,] and in the month before the filing of
the petition was released from incarceration and beginning to work on his
FSP objectives[.] He had, in fact, obtained housing with his mother, . . . and
had beg[u]n to visit with the child.” Id. In short, Father argues that he
“should have been given more time to fully complete all his FSP objectives.”
Id. We disagree.
Ms. Bond testified that Family Service Plan (“FSP”) objectives were
established for Father while he was incarcerated that required him to
maintain contact with the CUA and to attend a parenting program while in
prison. N.T., 5/19/16, at 27. Ms. Bond testified that letters were mailed to
Father in prison communicating his FSP objectives. Id. at 27-28. Further,
Ms. Bond testified that she spoke with Father by telephone in February of
2016, during which he informed her he would be released from prison, and
he provided her with his home address. Id. at 14-15. Ms. Bond testified
that she informed Father during the phone conversation that, upon his
release, he would need to make himself available for case planning, home
assessment, and visitation. Id. at 15.
In March of 2016, Ms. Bond learned that Father had been released
from prison. Id. From then until the date of the subject proceedings, Ms.
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Bond went to the address Father had provided more than five but less than
ten times. Id. at 15-16. She testified on direct examination:
[Q.] And did you, when you went out [to Father’s address], do
anything to indicate that you had made a visit?
[A.] Yes, I normally leave my business card, along with . . . a
general note that we have. It’s like a, ‘Sorry I missed you,’
note, with my contact information on there.
Id. at 16. Ms. Bond never gained access to Father’s home. Id.
Ms. Bond testified that she did not have face-to-face contact with
Father until May 9, 2016. Id. at 17. At that time, Father told her he had
been released from prison since February of 2016. Id. She testified as
follows on direct examination:
[Q.] Have you asked [F]ather why he has not made himself
more available between his release in February up until May 9th?
[A.] Yes, I have. He explained to me that he had visited . . .
Newport News, Virginia. He said that he had a sister who
resides in the area[,] and he has spent about a month and a half
in Virginia.
Id. at 20.
In addition, during their May 9, 2016 meeting, Ms. Bond testified that
she explained to Father she needed to assess his home, and she needed to
obtain clearances with respect to any person over the age of fourteen
residing with him. Id. at 17. Father told her that only he and his own
mother resided in the home. Id. Ms. Bond testified that two of her above-
mentioned visits to Father’s home occurred on May 10, 2016, when Father
did not make himself available for the assessment, and again the day before
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the subject proceedings, on May 18, 2016, when Father told her that his
mother needed to consent to the home assessment. Id. at 18-19. Ms.
Bond testified that Father told her his mother “would be available later in the
evening, around 6 or 7.” Id. at 20. Ms. Bond testified that she offered to
return that evening or again on the morning of the termination hearing in
order to complete the home assessment, but she “didn’t get a response from
[Father].” Id.
Further, on May 9, 2016, Ms. Bond attempted to establish a schedule
for visitation between Father and Child. Id. at 18. Father had one visit with
Child by the time of the termination hearing. Id. Father testified that his
visit with Child occurred the day before the termination hearing, on May 18,
2016. Id. at 33.
Finally, Ms. Bond testified that Father failed to comply with a court
order to attend the Clinical Evaluation Unit (“CEU”). Id. at 20-21. The
record reveals that, by order dated March 17, 2016, the trial court referred
Father to the CEU “for a drug screen and an assessment along with 3
random screens prior to the next court listing. . . .” DHS Exhibit 4 at 26
(capitalization omitted). Ms. Bond testified that, during their meeting on
May 9, 2016, she told Father about the CEU requirement. N.T., 5/19/16, at
28.
Father’s testimony contradicted that of Ms. Bond. Specifically, Father
testified that Ms. Bond “could’ve came [sic] in [to his home].” Id. at 31. He
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testified that he never received any letters from Ms. Bond while
incarcerated. Id. at 32. With respect to the requirement to attend the CEU,
Father testified as follows:
[Q.] [D]id you know you were to come down to this court
building to what we call our CEU unit? Were you told that?
[A.] Yeah, . . . I got that in the mail.
[Q.] Did you do that?
[A.] No, I didn’t come down here, no, because ---
[Q.] Why not?
[A.] ---no, I just knew I had to go to court.
Id. at 32.
To the extent the trial court made a credibility determination in favor
of Ms. Bond and against Father, we conclude that the record supports it.
Further, we conclude that Ms. Bond’s testimony demonstrates that Father, in
excess of the six months prior to the filing of the termination petition, failed
to perform his parental duties as follows.
Father became incarcerated in February of 2014, when Child was two
and one-half years old. He was released in February of 2016, approximately
one month before the filing of the termination petition, when Child was four
and one-half years old. There is no testimonial evidence that Father utilized
any resources while in prison to continue a relationship with Child. Ms. Bond
testified that, upon his release, Father failed to contact her, despite having
been told shortly before leaving prison of his obligation to make himself
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available to the CUA and despite Ms. Bonds’ multiple visits to the home
address he provided. Father subsequently informed Ms. Bond that he spent
more than one month in Virginia with his sister after he was released from
prison. Approximately three months after his release, and ten days before
the termination hearing, Father made himself available for a meeting with
Ms. Bond. Father participated in a visit with Child one day before the
termination hearing, but he had not allowed Ms. Bond access to his home,
and he had not complied with the order to attend the CEU for a drug
assessment and screening. Based on this evidence, we conclude that the
trial court did not abuse its discretion in terminating Father’s parental rights
pursuant to Section 2511(a)(1).
With respect to Section 2511(b), Father baldly asserts in his second
issue that the court abused its discretion because he “had been visiting with
the child . . . and termination of Father’s rights could not be in the best
interest of this child as it would terminate the love, comfort, security and
stability that this child has ever known.” Father’s brief at 7 (citation to
record omitted). We disagree.
The trial court relied on the testimony of Ms. Bond in concluding that
involuntarily terminating Father’s parental rights “will not cause [Child] to
suffer irreparable harm[,] and it is in the best interest of [C]hild based on
the testimony regarding the child’s safety, protection, mental, physical and
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moral welfare, to terminate [F]ather’s parental rights.” Trial Court Opinion,
11/23/16, at 5.
In discerning the nature and status of the parent-child bond, this Court
has stated that the trial court is not required to rely on expert testimony.
Social worker and caseworker testimony is sufficient. See In re Z.P., 994
A.2d 1108, 1121 (Pa. Super. 2010) (citations omitted). In addition, we have
explained:
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.
In re K.K.R.S., 958 A.2d 529, 533-536 (Pa. Super. 2008). The
mere existence of an emotional bond does not preclude the
termination of parental rights. See In re T.D., 949 A.2d 910
(Pa. Super. 2008) (trial court’s decision to terminate parents’
parental rights was affirmed where court balanced strong
emotional bond against parents’ inability to serve needs of
child). Rather, the orphans’ court must examine the status of
the bond to determine whether its termination “would destroy an
existing, necessary and beneficial relationship.” In re Adoption
of T.B.B., 835 A.2d 387, 397 (Pa. Super. 2003). As we
explained in In re A.S., 11 A.3d 473, 483 (Pa. Super. 2010),
[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. Additionally, this Court stated that the
trial court should consider the importance of continuity of
relationships and whether any existing parent-child bond
can be severed without detrimental effects on the child.
In re N.A.M., 33 A.3d 95, 103 (Pa. Super. 2011).
Further, our Supreme Court stated, “[c]ommon sense dictates that
courts considering termination must also consider whether the children are
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in a pre-adoptive home and whether they have a bond with their foster
parents.” In re T.S.M., supra at 268. The Court directed that, in weighing
the bond considerations pursuant to Section 2511(b), “courts must keep the
ticking clock of childhood ever in mind.” Id. at 269. The T.S.M. Court
observed that, “[c]hildren are young for a scant number of years, and we
have an obligation to see to their healthy development quickly. When courts
fail . . . the result, all too often, is catastrophically maladjusted children.”
Id.
Instantly, the record demonstrates that Father visited Child one day
before the termination hearing, on May 18, 2016. There is no record
evidence that Father saw Child at any other time since his incarceration in
February of 2014. Nevertheless, Ms. Bond, the social worker for this family
since Child’s placement in February of 2015, testified that Child appeared to
know Father and to be happy to see him. N.T., 5/19/16, at 28. However,
she testified that, based on her observation of the visit, Child would not be
harmed beyond repair if Father’s parental rights were terminated, and that it
would be in his best interest to be freed for adoption. Id. at 23-24.
Specifically, Ms. Bond testified that Child is diagnosed with adjustment
disorder, and that he attends a therapeutic daycare. Id. at 22. She
testified that it is “[e]xtremely important” for Child to have permanency. Id.
at 24. Ms. Bond explained as follows on direct examination:
[Child] has a difficult time with adjusting. [S]ince being in care,
he had remained in the same foster home for about 11 months.
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In January, that particular foster home was disrupted, due to
some allegation from the foster parent.
He went to another home, where he . . . stayed briefly. He had
a hard time adjusting from that particular place to the next
place. I mean, his behavior in school had changed, which
prompted the new evaluation, which was done in February.
From that, he was in another home, and now he’s placed --- was
just recently placed in April. He seems to be adjusting well in
this particular environment.
There are no other children in the environment where he is, and
he seems to really benefit from the one[-]to[-]one interaction
that he’s receiving.
Id. at 23.
Ms. Bond further testified on cross-examination by the Child Advocate
that Child’s behavior has improved in his current foster home, as follows.
[Q.] So, in terms of the [foster] home, I know, in the past,
there were some issues about his . . . difficulties to handle, and
his aggressiveness.
[A.] Mm-hm.
[Q.] Has that calmed down in this new [foster] house?
[A.] It [has], actually. I sat with him for quite some time
yesterday, after [he] returned from the visit [with Father]. I
knew that that may be a little stressful for [Child], being as
though that this is his first time seeing dad.
He seemed to adjust well. Throughout the neighborhood,
as we were driving, he was showing me the different activities
and things that he goes to. He’s attending a church fair in the
neighborhood, and he also attends a children’s program, which
he seems to enjoy.
[Q.] So, you’ve seen a change in his behavior from his past
homes; is that –
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[A.] Yes.
[Q.] -- what you’d say?
[A.] Yes.
[Q.] And this looks like an appropriate home and they’re willing
to adopt?
[A.] Yes, that’s correct.
Id. at 25-26.
Based on the foregoing, the testimonial evidence does not reveal a
parent-child bond between Father and Child. Father was arrested in
February of 2014, when Child was two and one-half years old. There is no
evidence that Child saw Father again until May 18, 2016, when he was
nearly five years old. Although Child appeared to know Father during the
supervised visit, there is no evidence that terminating Father’s parental
rights “would destroy an existing, necessary and beneficial relationship” for
Child. See In re Adoption of T.B.B., supra; see also In re K.K.R.-S., 958
A.2d 529, 535 (Pa. Super. 2008) (stating, in part, “Nor are we of the opinion that
the biological connection between [the parent] and the children is sufficient
in of itself, or when considered in connection with a child’s feeling toward a
parent, to establish a de facto beneficial bond exists”).
Further, after Father’s arrest, Child lived for one year with Father’s
paramour until February of 2015, when DHS removed him from a basement
apartment that was in deplorable condition. Thereafter, Child resided in a
foster home for eleven months. Child was having behavioral problems, and,
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to the best we can discern, he was in one more foster home from January of
2016 until before being placed in his current foster home in April of 2016,
approximately one month before the subject proceedings. Ms. Bond testified
that, although diagnosed with adjustment disorder, Child has adjusted well
to his new foster placement, a pre-adoptive resource, and his behavior has
already improved.
Ms. Bond testified that it is “extremely important” for Child to have
permanency. Because we have concluded that Father’s conduct warranted
termination under Section 2511(a)(1) since, in part, he had not complied
with the order to attend the CEU or to allow Ms. Bond into his home for an
assessment, it was unknown whether Father continued his illegal use of
controlled substances and/or if he had an appropriate home for Child. As
such, at the time of the subject proceedings, Child was in placement for
fifteen months, and reunification with Father was not imminent. Upon
careful review, we conclude that the testimonial evidence supports the trial
court’s decision that terminating Father’s parental rights pursuant to Section
2511(b) will serve the developmental, physical, and emotional needs and
welfare of Child. See In re B., N.M., 856 A.2d 847, 856 (Pa. Super. 2004)
(stating that, “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
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potential in a permanent, healthy, safe environment”). Accordingly, we
affirm the decree.
Decree affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 4/12/2017
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