Adoption of: D.D.J.J., Appeal of: D.C.J.

CourtSuperior Court of Pennsylvania
DecidedFebruary 11, 2025
Docket1108 WDA 2024
StatusUnpublished

This text of Adoption of: D.D.J.J., Appeal of: D.C.J. (Adoption of: D.D.J.J., Appeal of: D.C.J.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adoption of: D.D.J.J., Appeal of: D.C.J., (Pa. Ct. App. 2025).

Opinion

J-S03033-25

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN THE MATTER OF THE ADOPTION : IN THE SUPERIOR COURT OF OF: D.D.J.J., A MINOR : PENNSYLVANIA : : APPEAL OF: D.C.J., MOTHER : : : : : No. 1108 WDA 2024

Appeal from the Decree Entered August 14, 2024 In the Court of Common Pleas of Erie County Orphans' Court at No(s): 1 in Adoption 2024

BEFORE: KUNSELMAN, J., SULLIVAN, J., and BECK, J.

MEMORANDUM BY BECK, J.: FILED: February 11, 2025

D.C.J. (“Mother”) appeals from the decree entered by the Erie County

Orphans’ Court (“orphans’ court”) involuntarily terminating her parental rights

to D.D.J.J. (“Child”), born in April 2022, pursuant to 23 Pa.C.S. §§ 2511(a)(5),

(8), and (b).1 Mother’s counsel, Attorney Kenneth A. Bickel (“Attorney

Bickel”), has filed a petition to withdraw and brief pursuant to Anders v.

California, 386 U.S. 738 (1967), and Commonwealth v. Santiago, 978

A.2d 349 (Pa. 2009). After review, we grant Attorney Bickel’s petition to

withdraw and affirm the termination decree.

____________________________________________

1 In a separate decree, the orphans’ court terminated the parental rights of

Child’s father, M.L. (“Father”). Father has not filed an appeal from that decision. J-S03033-25

The Erie County Office of Children and Youth (“Agency”) became aware

of Child on June 29, 2022, after receiving a report that Mother had a mental

health crisis and was being transported to a hospital for evaluation. The

Agency obtained an order to obtain custody of Child. Subsequently, Child was

placed back in Mother’s care. On July 17, 2022, the Agency received a report

that Mother had barricaded herself in the attic of a friend’s home with Child.

The police entered the home through a window and arrested Mother. The

Agency obtained a verbal order for protection to again take custody of Child.

Child was placed with her paternal grandmother, R.L. (“Grandmother”).

On July 20, 2022, the Agency filed a dependency petition for Child. The

dependency court found Child to be dependent on August 4, 2022.

Immediately thereafter, the orphans’ court ordered a treatment plan for

Mother, which included, inter alia, participating in a mental health evaluation,

demonstrating mental health stability, participating in a drug and alcohol

evaluation, obtaining stable housing, obtaining employment, and participating

in an approved parenting program.

At the first permanency review hearing on November 16, 2022, Mother

was in prison. Because of her incarceration, Mother was found to be minimally

compliant with the treatment plan. The dependency court directed Mother to

utilize available services while she was incarcerated. Mother’s minimal

compliance and the need for permanency for Child prompted the dependency

court to impose concurrent goals of reunification and adoption.

-2- J-S03033-25

The dependency court held a second permanency review hearing on

February 10, 2023. At that time, Mother remained incarcerated, had been

placed in restricted housing, and had made no progress with the treatment

plan. Mother attended the third permanency review hearing on May 17, 2023,

having been released from prison in April 2023. Although Mother had not

completed a significant amount of treatment, she exhibited motivation to work

on her treatment plan and was referred to parenting classes. The dependency

court found her compliance to be minimal.

The dependency court held a fourth hearing on August 2, 2023. At the

hearing, the court found Mother’s compliance to be moderate and noted that

she had obtained a medical marijuana card to help address her mental health

issues. Further, Mother began to have supervised visits with Child during this

period. However, Mother did not have stable housing. The dependency court

directed Mother to participate in a mental health evaluation, obtain safe and

stable housing, and comply with treatment recommendations.

On November 2, 2023, the dependency court held a fifth review hearing

at which the Agency indicated Mother was making progress and that she had

obtained her own apartment and had a job. The Agency also noted that

Mother was continuing to have supervised visits with Child. The orphans’ court

held a sixth review hearing on February 9, 2024, at which it found that Mother

continued to have moderate progress toward her goals and was still

participating in supervised visits with Child.

-3- J-S03033-25

At the review hearing on May 10, 2024, the Agency indicated Mother

had been evicted from her apartment and was residing in a U-Haul or staying

with friends. Further, Mother had missed her medication management

appointments for her mental health treatment. The Agency also noted that

Mother had been arrested for disorderly conduct and had been incarcerated

intermittently since the prior review hearing. The dependency court found

Mother noncompliant with her treatment plan and changed the goal to

adoption.

On May 16, 2024, the Agency filed a petition to terminate Mother’s

parental rights pursuant to sections 2511(a)(2), (a)(5), (a)(8) and 2511(b).

The orphans’ court held a hearing on August 8, 2024, at which Sara Keller

(“Keller”), a caseworker at the Agency, Tara Niedergall (“Niedergall”), an

employee of Erie Family Center who observed Mother’s visits with Child, and

Mother testified. Child was represented by guardian ad litem (“GAL”) Attorney

Michelle Alaskey (“Attorney Alaskey”).2 Ultimately, the orphans’ court

terminated Mother’s parental rights under section 2511(a)(5), (8), and (b).

2 Attorney Alaskey indicated on the record that because Child was not old enough to articulate a legal position, her “legal interests and best interests merge.” N.T., 8/8/2024, at 95; see also In re Adoption of K.M.G., 240 A.3d 1218, 1235 (Pa. 2020) (stating that “where an orphans’ court has appointed a GAL/[c]ounsel to represent both the child’s best interests and legal interests, appellate courts should review sua sponte whether the orphans’ court made a determination that those interests did not conflict.”). Additionally, we note that because Child was just over two years old at the time of these proceedings, there is no error in this regard. See In re T.S., (Footnote Continued Next Page)

-4- J-S03033-25

Mother timely appealed, and Attorney Bickel simultaneously filed a

notice of his intention to withdraw pursuant to Anders/Santiago. See

Pa.R.A.P. 1925(a)(2)(i), (c)(4).

When an Anders/Santiago brief is before this Court, we may not

review the merits of any possible underlying issues without first examining

counsel’s request to withdraw. In re Adoption of B.G.S., 240 A.3d 658, 661

(Pa. Super. 2020); see also In re S.M.B., 856 A.2d 1235, 1237 (Pa. Super.

2004) (explaining that the Anders/Santiago procedure for court-appointed

counsel seeking to withdraw has been extended to appeals involving

termination of parental rights).

To withdraw pursuant to Anders, counsel must “petition the court for

leave to withdraw stating that, after making a conscientious examination of

the record, counsel has determined that the appeal would be frivolous[.]” In

re J.D.H., 171 A.3d 903

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