Adoption of: J.D., Appeal of: S.D.
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Opinion
J-S22002-23
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT OP 65.37
IN RE: ADOPTION OF: J.J.J.D., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: S.D., FATHER : : : : : No. 157 WDA 2023
Appeal from the Order Entered January 10, 2023 In the Court of Common Pleas of Washington County Orphans' Court at No(s): C-63-OC-2022-184
BEFORE: OLSON, J., STABILE, J., and MURRAY, J.
MEMORANDUM BY OLSON, J.: FILED: September 12, 2023
Appellant, S.D. (Father), appeals from the order entered on January 10,
2023, granting a petition filed by the Washington County Children and Youth
Social Service Agency (the Agency) to involuntarily terminate Father’s rights
to his son, J.J.J.D. (J.D. or Child) pursuant to 23 Pa.C.S.A. §§ 2511(a)(1),
2511(a)(2), 2511(a)(5), and 2511(a)(8), and 2511(b).1 We affirm.
We briefly summarize the facts and procedural history of this case as
follows. J.D. was born in October 2020. Mother and Father are married, and
both are listed on J.D.’s birth certificate as his parents. On January 4, 2021,
the Agency took Child into care through an emergency verbal order when Child
____________________________________________
1 Mother executed a voluntary termination of parental rights and consent to adoption. The trial court conducted an on-the-record colloquy and granted Mother’s request. Mother is not a party to the current appeal. The Agency and Child’s legal counsel and guardian ad litem filed briefs in support of the order terminating Father’s parental rights. J-S22002-23
was taken to the hospital for emergency medical treatment and there were
additional safety concerns with both parents’ substance and alcohol abuse,
ongoing incidents of domestic violence, and lack of stable housing. Following
a hearing on January 4, 2021, and with the agreement of Mother and Father,
the trial court granted a petition for shelter care filed by the Agency and Child
was placed with his maternal grandparents (Maternal Grandparents), where
he currently resides. The trial court further granted both Mother and Father
visitation with Child to be supervised by Maternal Grandparents. On January
15, 2021, the trial court adjudicated Child dependent and ordered a
permanency plan wherein Father was directed to submit to drug and alcohol
testing twice a month, complete drug and alcohol and mental health
treatment, obtain and maintain stable housing, complete batterer’s
intervention counseling, attend parenting classes, and abide by the terms of
his federal parole.2 On March 24, 2021, the trial court granted Father’s
petition for paternity testing and subsequent testing confirmed Father’s
paternity of Child.
The trial court held four review hearings thereafter. The trial court found
Father minimally compliant with the permanency plan at the first review
hearing held on May 4, 2021. On May 11, 2021, the Agency filed a status
2 At the time of Child’s adjudication, Father was under federal indictment for the sale of narcotics. On October 22, 2022, Father pled guilty to conspiracy to distribute a quantity of a mixture and substance containing detectable amount of cocaine and was sentenced to time served and four years of probation.
-2- J-S22002-23
report with the trial court indicating that Mother and Father were involved in
a physical altercation wherein Mother punched Father in the face. Both Mother
and Father were subsequently granted protection from abuse (PFA) from the
other. On July 14, 2021, the trial court granted the Agency’s motion to
suspend Father’s visitation with Child due to the cross-PFAs filed by Mother
and Father. On July 22, 2021, Father’s supervised visitation was reinstated,
but later modified on July 30, 2021, directing Father’s visits with Child be
supervised by an Agency approved person, instead of Maternal Grandparents,
with visitation occurring at Blueprints Visitation House or other Agency
approved location. On August 17, 2021, the trial court held a second
permanency hearing wherein it determined that Father was again minimally
compliant with the permanency plan and found Father made no progress
toward alleviating the circumstances necessitating initial placement. The trial
court held the third review hearing on December 14, 2021. The trial court
again determined that Father was minimally compliant with the permanency
plan in so far as he attended visitation sessions and obtaining housing. The
trial court, however, noted that Father did not participate in alcohol and drug
screenings and/or mental health treatment and there were ongoing domestic
disputes when Mother and Father would encounter each other in passing
coming to and from supervised visitation sessions with Child. The trial court
also ordered the Agency to conduct a bonding assessment between Father
and Child. On April 12, 2022, the trial court held the final review hearing and
determined that Father was moderately compliant with the permanency plan.
-3- J-S22002-23
Father completed batterer’s intervention counseling, parenting classes, drug
and alcohol treatment, and obtained stable housing. Father, however, did not
receive or complete mental health treatment, was inconsistent with drug and
alcohol testing, tested positive for marijuana and methadone, and failed to
maintain consistent visitation with Child.
On February 1, 2022, the Agency filed a petition for involuntary
termination of Father’s parental rights. The trial court held three hearings on
August 31, 2022, September 19, 2022, and October 5, 2022. On January 10,
2023, the trial court entered an order and opinion involuntarily terminating
Father’s rights to Child pursuant to 23 Pa.C.S.A. §§ 2511(a)(1), 2511(a)(2),
2511(a)(5), and 2511(a)(8), and 2511(b). This timely appeal resulted.3
Father presents the following issues for our review:
1. Did the trial court commit an error of law in finding [the Agency] submitted clear and convincing evidence to terminate Fathers parental rights pursuant to 23 Pa.C.S.A. §[§] 2511(a)(1), (a)(2), (a)(5), and (a)(8)?
2. Did the trial court commit an abuse of discretion in considering unsubstantiated facts in support of its position, specifically, allegations of “potential domestic abuse” and findings that Father failed to comply with court ordered services pre- petition?
3 Father filed a notice of appeal on February 7, 2023. He failed, however, to include a corresponding concise statement of errors complained of on appeal pursuant to Pa.R.A.P. 1925(a)(2)(i). Father corrected the error by filing an amended notice of appeal with the concomitant concise statement the following day, February 8, 2023. The trial court relied upon its earlier decision filed on January 10, 2023, as its rationale for the decision to involuntarily terminate Father’s parental rights.
-4- J-S22002-23
3. Did the trial court commit an abuse of discretion in failing to credit Father with pre[-]petition participation in [c]ourt [o]rdered services?
4. Did the trial court commit an error of law in requiring Father to effectively state on the record his desire for reunification, therein placing a legal burden upon the parent that is not explicitly or implicitly recognized by statute or caselaw?
Father’s Brief at 4.
Our standard of review is well-settled:
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J-S22002-23
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT OP 65.37
IN RE: ADOPTION OF: J.J.J.D., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: S.D., FATHER : : : : : No. 157 WDA 2023
Appeal from the Order Entered January 10, 2023 In the Court of Common Pleas of Washington County Orphans' Court at No(s): C-63-OC-2022-184
BEFORE: OLSON, J., STABILE, J., and MURRAY, J.
MEMORANDUM BY OLSON, J.: FILED: September 12, 2023
Appellant, S.D. (Father), appeals from the order entered on January 10,
2023, granting a petition filed by the Washington County Children and Youth
Social Service Agency (the Agency) to involuntarily terminate Father’s rights
to his son, J.J.J.D. (J.D. or Child) pursuant to 23 Pa.C.S.A. §§ 2511(a)(1),
2511(a)(2), 2511(a)(5), and 2511(a)(8), and 2511(b).1 We affirm.
We briefly summarize the facts and procedural history of this case as
follows. J.D. was born in October 2020. Mother and Father are married, and
both are listed on J.D.’s birth certificate as his parents. On January 4, 2021,
the Agency took Child into care through an emergency verbal order when Child
____________________________________________
1 Mother executed a voluntary termination of parental rights and consent to adoption. The trial court conducted an on-the-record colloquy and granted Mother’s request. Mother is not a party to the current appeal. The Agency and Child’s legal counsel and guardian ad litem filed briefs in support of the order terminating Father’s parental rights. J-S22002-23
was taken to the hospital for emergency medical treatment and there were
additional safety concerns with both parents’ substance and alcohol abuse,
ongoing incidents of domestic violence, and lack of stable housing. Following
a hearing on January 4, 2021, and with the agreement of Mother and Father,
the trial court granted a petition for shelter care filed by the Agency and Child
was placed with his maternal grandparents (Maternal Grandparents), where
he currently resides. The trial court further granted both Mother and Father
visitation with Child to be supervised by Maternal Grandparents. On January
15, 2021, the trial court adjudicated Child dependent and ordered a
permanency plan wherein Father was directed to submit to drug and alcohol
testing twice a month, complete drug and alcohol and mental health
treatment, obtain and maintain stable housing, complete batterer’s
intervention counseling, attend parenting classes, and abide by the terms of
his federal parole.2 On March 24, 2021, the trial court granted Father’s
petition for paternity testing and subsequent testing confirmed Father’s
paternity of Child.
The trial court held four review hearings thereafter. The trial court found
Father minimally compliant with the permanency plan at the first review
hearing held on May 4, 2021. On May 11, 2021, the Agency filed a status
2 At the time of Child’s adjudication, Father was under federal indictment for the sale of narcotics. On October 22, 2022, Father pled guilty to conspiracy to distribute a quantity of a mixture and substance containing detectable amount of cocaine and was sentenced to time served and four years of probation.
-2- J-S22002-23
report with the trial court indicating that Mother and Father were involved in
a physical altercation wherein Mother punched Father in the face. Both Mother
and Father were subsequently granted protection from abuse (PFA) from the
other. On July 14, 2021, the trial court granted the Agency’s motion to
suspend Father’s visitation with Child due to the cross-PFAs filed by Mother
and Father. On July 22, 2021, Father’s supervised visitation was reinstated,
but later modified on July 30, 2021, directing Father’s visits with Child be
supervised by an Agency approved person, instead of Maternal Grandparents,
with visitation occurring at Blueprints Visitation House or other Agency
approved location. On August 17, 2021, the trial court held a second
permanency hearing wherein it determined that Father was again minimally
compliant with the permanency plan and found Father made no progress
toward alleviating the circumstances necessitating initial placement. The trial
court held the third review hearing on December 14, 2021. The trial court
again determined that Father was minimally compliant with the permanency
plan in so far as he attended visitation sessions and obtaining housing. The
trial court, however, noted that Father did not participate in alcohol and drug
screenings and/or mental health treatment and there were ongoing domestic
disputes when Mother and Father would encounter each other in passing
coming to and from supervised visitation sessions with Child. The trial court
also ordered the Agency to conduct a bonding assessment between Father
and Child. On April 12, 2022, the trial court held the final review hearing and
determined that Father was moderately compliant with the permanency plan.
-3- J-S22002-23
Father completed batterer’s intervention counseling, parenting classes, drug
and alcohol treatment, and obtained stable housing. Father, however, did not
receive or complete mental health treatment, was inconsistent with drug and
alcohol testing, tested positive for marijuana and methadone, and failed to
maintain consistent visitation with Child.
On February 1, 2022, the Agency filed a petition for involuntary
termination of Father’s parental rights. The trial court held three hearings on
August 31, 2022, September 19, 2022, and October 5, 2022. On January 10,
2023, the trial court entered an order and opinion involuntarily terminating
Father’s rights to Child pursuant to 23 Pa.C.S.A. §§ 2511(a)(1), 2511(a)(2),
2511(a)(5), and 2511(a)(8), and 2511(b). This timely appeal resulted.3
Father presents the following issues for our review:
1. Did the trial court commit an error of law in finding [the Agency] submitted clear and convincing evidence to terminate Fathers parental rights pursuant to 23 Pa.C.S.A. §[§] 2511(a)(1), (a)(2), (a)(5), and (a)(8)?
2. Did the trial court commit an abuse of discretion in considering unsubstantiated facts in support of its position, specifically, allegations of “potential domestic abuse” and findings that Father failed to comply with court ordered services pre- petition?
3 Father filed a notice of appeal on February 7, 2023. He failed, however, to include a corresponding concise statement of errors complained of on appeal pursuant to Pa.R.A.P. 1925(a)(2)(i). Father corrected the error by filing an amended notice of appeal with the concomitant concise statement the following day, February 8, 2023. The trial court relied upon its earlier decision filed on January 10, 2023, as its rationale for the decision to involuntarily terminate Father’s parental rights.
-4- J-S22002-23
3. Did the trial court commit an abuse of discretion in failing to credit Father with pre[-]petition participation in [c]ourt [o]rdered services?
4. Did the trial court commit an error of law in requiring Father to effectively state on the record his desire for reunification, therein placing a legal burden upon the parent that is not explicitly or implicitly recognized by statute or caselaw?
Father’s Brief at 4.
Our standard of review is well-settled:
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.
Int. of H.H.N., 296 A.3d 1258, 1263 (Pa. Super. 2023) (internal citation
omitted). “[T]he 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 Q.R.D., 214 A.3d 233, 239 (Pa.
Super. 2019) (citation omitted). “If competent evidence supports the trial
court's findings, we will affirm even if the record could also support the
opposite result.” In re B.J.Z., 207 A.3d 914, 921 (Pa. Super. 2019) (citation
omitted).
In his first issue presented, Father argues that the trial court “failed to
consider all of the court ordered services that Father either completed or
-5- J-S22002-23
began prior to the initiation of the termination [] petition.” Id. at 34; see
also id. at 39 (“[I]t is undisputed that Father obtained adequate and suitable
housing. He completed several services, including domestic violence classes
as well as parenting.”). However, Father also concedes that “the only services
that remained [uncompleted] were mental health services and drug and
alcohol services.” Id. at 37; see also id. at 40 (“Father intermittently
engaged in mental health services dating back to 2019.”); see also id. at 42
(“Father initiated mental health services prior to the [Agency’s termination]
filing [although] he did not complete them.”). Next, Father asserts that
because he completed domestic violence counseling, the trial court erred in
considering domestic violence as a factor in terminating Father’s parental
rights to Child. Id. at 41. Third, Father argues that the trial court erred by
failing to credit his participation in mental health counseling and treatment
before the Agency filed its termination petition. Id. at 42. Father claims that
he initiated mental health services in 2019 but concedes he did not complete
them. Id. Father re-engaged in services in 2022, had scheduling conflicts
which prevented him from completing counseling before the termination
petition was filed, but he ultimately resumed counseling and treatment after
the petition was filed. Id. Finally, Father argues that the trial court engrafted
an impermissible legal burden on him when it stated, “[the c]ourt looked for
any statement of Father that he wished for reunification with his son or wished
to care for his son and found none.” Id. at 43, citing Trial Court Opinion,
1/10/2023, at 29 n.28.
-6- J-S22002-23
Here, initially we note that the trial court carefully considered all of the
court-ordered services Father completed prior to the filing of the termination
petition. In fact, in its opinion, the trial court specifically noted that at the
time the Agency filed its termination petition, Father completed some services,
including batterer’s intervention counseling, parenting education, drug and
alcohol treatment, and maintained stable housing. See Trial Court Opinion,
1/10/2023, at 1 n.2, 2 n.3, and 8-9. However, despite completing drug and
alcohol counseling, the trial court noted that Father later tested positive for
marijuana and methadone, and routinely missed scheduled drug tests;
therefore, the Agency could not confirm his sobriety. Id. at 17-19. While
Father eventually completed batterer’s intervention counseling on January 24,
2022, at the December 14, 2021 review hearing, “due to ongoing domestic
violence concerns, which were amplified with Mother and Father seeing or
running into each other before and/or after [supervised] visits [with Child],
the [trial c]ourt directed that neither party could arrive or stay in the vicinity
… for more than ten (10) minutes.” Id. at 8. Thus, while participating in
batterer’s counseling, Father continued to engage in domestic disputes with
Mother and, accordingly, it was proper for the trial court to consider.
Furthermore, it is uncontested that Father was unsuccessfully discharged from
initially implemented mental health services and had not completed
counseling and treatment at the time of the termination hearing. Id. at 18-19.
The trial court ultimately determined that “Father allowed others to provide
for his Child’s basic needs, while he provided excuses for his non-performance,
-7- J-S22002-23
and inconsistent and/or absent compliance with services designed to support
his ability to reunify.” Id. at 37; see also id. at 40-41 (“Father’s history
supports periods of compliance, followed by periods of non-compliance and
inconsistency [related] to Father’s mental health, substance use, testing and
treatment, and domestic violence history.”). The trial court opined that Father
“waited until [] Child was over a year old and developing a strong bond with
Maternal Grandparents before addressing the lion’s share of issues bringing
J.D. into [the Agency’s] care.” Id. at 40. The trial court further found that
“[w]hile Father waited to participate in services, succumbed to barriers for
completion and by his own testimony, prioritized his marriage and
employment over his relationship with [C]hild, [] Child was being care for by
others.” Id. Finally, regarding Father’s argument that the trial court imposed
an impermissible legal burden on him, the trial court merely noted that Father,
by his own testimony, seemed more concerned with maintaining visitation,
spending more time with Child, and fostering relationships with Father’s family
than actual reunification. Id. at 28-29. Moreover, the trial court noted that
it looked for affirmation from Father that he wished for reunification, but
clearly stated that “[w]hile not determinative of the outcome, [the trial c]ourt
found the absence of a more direct request for reunification curious.” Id. at
29 n.28. As such, we do not believe the trial court engrafted an impermissible
burden upon Father at the termination hearing.
Based upon a review of the certified record, the parties' appellate briefs,
the trial court's opinion, and applicable law, we find that the trial court
-8- J-S22002-23
thoroughly and accurately addressed the merits of Father’s appellate issues in
its opinion. In its 48-page opinion, the trial court thoughtfully summarized
the testimony of the 12 witnesses and the 26 exhibits presented at the
termination hearings and carefully applied the evidence to each alleged
subsection under 23 Pa.C.S.A. §§ 2511(a) and (b). Consequently, we affirm
on the basis of the trial court opinion and adopt it as our own. The parties are
instructed to attach a copy of the trial court's January 10, 2023 opinion to all
future filings regarding this appeal.
Order affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq. Prothonotary
Date: 9/12/2023
-9- 3:40:54 PMCirculated Received 5/12/2023 3.40.54 Superior Superior Court Wester 09/05/2023 03:09 Westerp West@rp PM District District flu~no d-but+cu Filed s1an2ozs read 3:40:00 Pwsooenor 5/12/2023 s40.co PM Superior coot ygyegg,pi.ft'° Court Western Distr 157 WDA 2023
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA ORPHAN'S COURT ORPHAN'S COURT DIVISION DIVISION IN RE: ) ) ) Adoption of: Adoption of: ) ) Judah Judah Jacorey James Dungee Jacorey Jares Dungee ) No. 63-22-0184 a/k/a a/k/ha Judah Dungee Dungee ) ) DOB: 10/21/2020 ) A Minor Child. A )
AMENDED AMENDED OPINION and OPINION ad ORDER OF COURT ORDER OF COURT
Before the Court is the Petition of the Washington Washington County County Children Children and and Youth Social
Service Service Agency Agency (hereinafter Agency") for the Involuntary Termination of Parental Rights (hereinafter "the Agency") Rights of
Sean Dungee II H (hereinafter "Father') to (hereinafter "Father") minor child, to minor J.D. (hereinafter child, J.D. (hereinafter J.D. and/or and/or "Child" and/or
Child"). "Minor Cil").' I
The Petition The Petition for Termination of Parental Termination of Parental Rights Rights (hereinafter "Petition" and/or (hereinafter "Petition" and/or "TPR") "TPR'I
was filed by was by the the Agency on February 1, Agency on I, 2022, alleging multiple multiple grounds grounds under under the Adoption Act the Adoption Act
of 1980, of Sections 2511(a)1), 1980, Sections 251 l(a)(1), (a)(2), (a)X2), (a)(5), (a)(8) and (a)65), (a)(8) and (b). (b). In support support of of the the Petition, Petition, the
Agency alleges that Father has Agency alleges has not complied with the Dependency Dependency Court Court permanency permanency plan plan goals goals
and further and alleges that further alleges that he: ((1) 1) was not not consistent consistent with with reoccurring reoccurring mental health treatment mental health and treatment and
was unsuccessfully discharged; discharged; (2) (2) has not obtained and maintained safe and stable housing; housing'; (3) (3)
Mother, Angela Mother, Dungee executed Angela Dungee executed a termination of parental a voluntary termination rights and parental nights and consent toto adoption adoption at the oset at the outset of the hearing. Following an the hearing oral colloquy an oral colloquy in open courted court and acceptance acceptance as as a a voluntary, knowing and voluntary,knowing willful action, ad willful action, the the Court accepted accepted the request granted aavoluntary termination of parental request and granted parental rights rights as as to to Mother. 1It is uncontested that as of the hearing tis bearing date date on the petition for for Termination of Parental Rights, Rights, Father has obtained safe and stable housing. housing
A-1 A-L :4
• has not completed batterer's intervention;; intervention; and and (4) (4) based on a a psychological psychological evaluation, evaluation, faces
significant challenges with with parenting parenting with his current mental health diagnosis.
A A hearing on on the Agency's Agency's petition petition commenced commenced on on September September 6, 2022, continued on 6, 2022, on
September 19, 2022, and concluded on October 5, 2022. Prior to the hearing hearing on the TPR Petition,
Mother, Angela Angela Dungee, requested, and and the Agency Agency consented consented to modify modify the Petition to to aa
Voluntary Termination as to to Mother. This action was completed completed on September September 6, 2022.
A A history of the history of dependency matter the dependency matter assists assists in in the the analysis analysis of of the Agency's request. the Agency's request. Case Case Factual Factual and Procedural Historv: and Procedural History:
Minor Child, J.D. was born on October 21, 2020, to married parents parents Angela and Sean Angela and
Dungee, both of whom whom are listed on the certificate. On January 4, 2021, the Minor Child the birth certificate.
was taken into care of the Agency through an Emergency Verbal Order granted granted in response to a a
report report of concerns. The report of safety concems. report set set forth forth the the following following facts facts in in support support of the need for for
dependency:
•• The The child is "without proper is "without parental care or proper parental or control, subsistence, education as as required required
by law, law, or other care or control necessary necx ary for his/her physical, mental or emotional
health, or morals; aadetermination that there there is aalack of proper proper parental parental care or control
may be based upon evidence of conduct by by the parent, parent, guardian guardian or custodian that that places places
the health, safety or welfare of the Child at at risk, including including evidence of the parent's, parent's,
guardian or other other custodian's use of alcohol or aacontrolled substance that places places the health, safety or welfare of the health, safety the Child at risk."
3It tisis uncontested that that as of the hearing date date on the petition for Termination Termination of Parental Rights, Father Parental lights, Father has completedd batterer's intervention counseling. omplet counseling
Page l2of 48 • In In summary, I.D. J.D. was was taken taken into into custody due to lack of proper proper parental parental care or control,
Mother and supported by concerns with Mother and Father's substance use, use, ongoing domestic violence
concerns and and lack of stable housing. The petition contained the following following allegations: allegations:
o Mother and Father both have aacriminal history and Father was incarcerated at the o time of the dependency time petition. dependency petition.
o Minor Child was taken o taken to the hospital to the hospital on on January January 2, 2021, 2021, for for respiratory respiratory concerns. During the Child's assessment, Mother leftleft the the Minor Child Child at the hospital hospital with a a friend.
oo It was reported ltwas reported that that there there was suspected suspected domestic domestic violence violence between Mother and Father and that that their their housing housing was unstable, which was confirmed confirmed by by Mother.
o Mother reported to the Caseworker that there o Mother there was ongoing ongoing domestic violence violence between herself and and Father and that there was an incident as recently recently as six six (6) (6) days before the the minor child was brought to hospital. When asked, Father to the hospital. reported that reported that Mother's mental health them to health issues cause them to fight. fight.
o Mother failed o to have filed to have aaplan plan to keep herself to keep herself and and the minor child child safe refused safe and refused to go to to to aadomestic violence shelter. Mother encouraged encouraged the the Caseworker to to call for a for a verbal order order as at "at least she would would then then know that that her son was safe." safe."
oo Mother Mother tested positive for marijuana, which she reported reported was prescribed, prescribed, and benzodiazepines. She stated that she illegally illegally purchased purchased Xanax.
oo Father left the hospital hospital when asked asked to to drug drug test. test.
o o Mother Mother and Father Father reported unstable housing. reported unstable housing.
With With agreement of both parents, parents, aaShelter Care petition petition was was granted granted following following hearing hearing on on
January 4, 2021, wherein Minor Child was was placed placed with maternal rateral grandparents grandparents James and Jamie
Chambers. The Court Order notes "J.D. is diagnosed with notes that "I.D. laryngomalacia and with laryngomalacia and
tracheomalacia, having undergone two tracheomalacia, surgeries since two surgeries since birth." The The Order Order states states further, "Minor further, "Minor
Child is is followed by Children's Hospital followed by Hospital ENT and Cardiology." ENT and Cardiology." At the Shelter Shelter proceeding, proceeding,
parents were granted parents were granted supervised supervised visitation, subject to visitation, subject to then then enacted COVID COVID restrictions. restrictions.
Page 3 3of 48 48 On January 15,2021, On January 15, 2021, Minor Child Child J.D. adjudicated dependent JD. was adjudicated dependent with placement with placement
remaining with maternal grandparents. remaining with grandparents. Through Through the adjudication adjudication Order, Father Father was to: to:
• Complete drug and Complete drug and alcohol alcohol testing testing twice monthly, upon random selection monthly, upon selection or or reasonable reasonable suspicion of intoxication or impairment; impairment;4
• Complete drug && alcohol treatment and and follow through with all recommendations; through with
• Complete Complete mental health treatment mental health treatment and and follow follow through through with all recommendations; with all
•• Obtain and maintain Obtain and maintain safe safe and and stable stable housing; housing;
•• Complete Complete batterer's batterer's intervention intervention through an appropriate through an provider and appropriate provider and follow follow through with through with all all recommendations; recommendations;
• Follow the rules and and regulations regulations of State State Parole;
•• Attend Parenting Education; Attend Parenting Education;
• Sign all all releases requested by the Agency; releases requested Agency;
Father Father was permitted permitted visitation with with the minor child the minor child at the the Blueprints Visitation House House or
other Agency Agency approved location, location, supervised by James Chambers Chambers (maternal grandfather), three (maternal grandfather), three
(3) times aaweek week for two two (2) Q2) hours each visit. No other other friends friends or relatives were permitted permitted to
supervise visitation. Ordered visits visits contained contained the express condition that, that, Mr. Chambers Chambers may
terminate a a visit if it appears that Father is under the influence and/or behaves in aadisruptive
manners manner.°
By By order order dated, March March 24, 2021, an Order Order for paternity paternity testing testing was granted granted as as to to Father
for purposes of confirming paternity paternity of JD.. J.D..
Noted 4Noted that Father was also testing through services. If he was through federal pre-trial services. was called to be tested by two (2) by two (2) or more agencies agencies for random testing within a for random atwenty-four twenty-four (24) (24) hour period, Father Father was permitted to present permitted to present written proof proof of negative results of negative results to to the Agency in the Agency in lieu lieu of re-testing. of re-testing.
sAs aresult of acceptance Asa acceptance of of Mother's voluntary, this Opinion Mother's voluntary, Opinion will not not review Court ordered services for Mother.
Page 4 4 of 48 • A permanency review A review hearing hearing was held via was held via TEAMS TEAMS on Tuesday, Tuesday, May 4, 2021, May 4, 2021, and both both
Father and his attorney attended. Father was found to be minimally attorney attended. minimally compliant with the
permanency plan and to have made minimal progress toward toward alleviating alleviating the circumstances which
necessitated the original placement. placement. Specifically, Father Father had completed aadrug drug and alcohol
and no further evaluation and recommended .6 He was also actively engaged in further treatment was recommended.
Batterer's Intervention Counseling and Blueprints Counseling and Blueprints parenting education. It parenting education. It was reported reported that
Father had strong strong initial participation participation which became spotty spotty as the review period period went went on.
Additionally, Father reported reported that that his participation participation decline was resultant of aacar accident and and
destruction of his cellphone ceIlphone used used for telehealth. telehealth. Interestingly Interestingly enough, enough, Maternal Matera Grandfather
reported that that the the accident occurred when accident occurred when Father driving without Father was driving without aalicense. license. There was also an was also
incident during this review period where a this review a potential domestic domestic incident incident between Mother and
Father resulted in police being called. called. The Minor Child was reported reported to be doing doing well in the
kinship caregivers' home. Father's court court ordered services remained the same as the the initial
permanency order.
On May On May 11, the Agency 11, 2021, the reported through Agency reported through filed status report filed status report that they were notified that they
that Sean Dungee that Father, Sean Dungee and Mother, Angela Angela (Chambers) (Chambers) Dungee, Dungee, were involved in a a physical physical
domestic incident. The Agency spoke with State Trooper Samuael Samuael Apke reported to aa Apke who reported
verbal domestic occurring in aaparking lot down the street parking lot street from the the home home of Father and Mother.
Said status status report indicated that during the incident Mother, Angela Angela Chambers Dungee Dungee punched punched
Dungee, in the face. Father, Sean Dungee,
Despite such recommendation, Despite 6 reco mendation, the Dependency Court continued to order drug treatment. drug and alcohol treatment Page 55of 48 Ii-
' It
On May 12, 2021 On 202l a a protection from from abuse temporary order order was granted granted on behalf of
Angela Dungee against Angela Dungee against Sean Sean Dungee Dungee.' 7
On July 14, 2021, aamotion to suspend visitation was filed by the Agency and On and signed signed by
this Court. The Motion was filed as a a result of the caregivers and maternal grandparents grandparents
requesting to no longer supervise visitation between Father and the Minor requesting to Minor Child Child due due to to
Protection from Abuse Orders Orders cross-filed by by Mother and and Father and and naming one another as
defendants. Visits were then scheduled between Father and child at a a visit visit facility. Father failed failed
to confirm four four (4) (4) visits at the facility. Upon the visit facility. Upon motion of the the Agency, Agency, visits visits were suspended
pending pending confirmation of of paternity. paternity. By order of July order of July 22, 2021, this this request was withdrawn withdrawn and and
visitation for for Father Father was was reinstated. reinstated
On On July 26, 202I, 2021, the the Agency filed filed another Motion to to decrease Father's visitation based based
on Father's failure to violence. The Motion to confirm visits and continued concerns with domestic violence,
of the Agency to the Agency decrease visitation to decrease visitation included included the the following allegations:
• Mr. Mr. James and Jaime Chambers do and Ms. Jaime do not feel feel comfortable supervising supervising visits, visits, as there are current Protection from Abuse Orders between Mr. and Mrs. Dungee Mrs. that have Dungee that granted until September, 2022. A have been granted A visitation visitation referral was completed completed and and Agency Agency caseworkers were supervising visits visits until Blueprints had staff available to to accommodate Mr. Dungee's schedule. schedule. •• On July 7, 2021, 2021, Mr. Mr. Dungee did did not not confirm his fourth consecutive scheduled visit. The scheduled The Agency Agency caseworker, caseworker, Ms. Eisengart, Eisengart, was unable unable to contact W. contact Mr. Dungee. • In addition, there there continues continues to be domestic violence concerns. The The most recent recent allegation arises at MJ-27201-CR arises at 0000185-2021 Commonwealth M-27201-CR-0000185-2021 Commonwealth of Pennsylvania of Pennsylvania vs. vs. Sean Sean L.L. Dungee IIH (Filed 7/15/2021). The (Filed 7/15/2021). The Affidavit of of Probable Probable Cause states, inter. AHa. Cause states, Alia. "Angela "Angela Dungee stated that she was in stated that in the the passenger seat seat of of Toi Burgess's Burgess's vehicle vehicle when when Sean Sean L. Dungee Dungee approached approached her on foot and struck her in the face with a with a closed fist, spit upon upon her person, and and sprayed her with pepper spray." The The Affidavit goes
Order was later modified to order 7 to include Minor Child but record is absent absent reference to to when such modification was completed. Later orders also indicate that protection protection from abuse orders were fled filed on Father, Sean Sen Dungee's behalf and against Mother, Angela Angela Dungee. In other words, both parties were granted protection orders against the other.
Page 6 49 6 of 48 • on to allege on to "Angela Dungee allege "Angela was being treated Dungee was treated for for the the effects of the effects of pepper spray spray and and Officer O'Rourke and Officer O'Rourke and IIdid did observe observe Angela Angela Dungee's Dungee's face and hands face and hands to to be be red and and irritated irritated. Two witnesses did Two witnesses did observe this observe this incident and corroborated Angela Angela Dungee's recollection of the events." The The docket indicates that Sean L. Dungee Dungee II was charged with simple assault and harassment.
See status report with attachedpolice criminal complaint accepted accepted with dependency dependency record at
CYS Exhibit 5. S.
order dated By order dated July 30, 2021, Father's visitation was modified to to supervised visitation
at the Blueprints Visitation House, or other Agency at Agency approved location, location, supervised supervised by by an Agency Agency
approved person, one time a a week for two hours in in duration, with permission to expand expand after
Father participated in three consecutive visits.
The next The next permanency review review hearing held before hearing was held before this Court on this Court on August August 17, I7, 2021. 2021.
Father was determined determined to to have have minimal compliance and and to to have made no no progress progress toward toward
alleviating the circumstances alleviating the circumstances which necessitated necessitated the initial placement. Father Father was granted was granted
visitation at an Agency-approved Agency-approved location, supervised supervised by an Agency Agency approved person, one one (1) (1)
time time per week week for two (2) for two (2) hours with with permission permission to expand if Father participated to expand in three participated in three (3) (3)
consecutive consecutive visits. Father's Court Ordered services remained Father's Court remained the the same except for the additional same except additional
requirement driecting directing Father Father to follow follow the recommendation of Dr. Crabtree's recommendation of Crabtree's evaluation. evaluation. At At the the
time of the time of the August August 2021 202I hearing, hearing, the the Minor Child was in placement Minor Child for seven placement for seven (7) months and (7) months and
continued to be continued be placed placed with Maternal Grandparents. with Maternal Grandparents.
The Minor Child was in placement for eleven 11) months at the time of the next permanency eleven ((II)
review hearing, on December December 14, 2021. Father was found found to have minimal compliance with the
permanency plan, plan, as aaresult of attending visitation and and obtaining housing. However, it obtaining housing. it was was
Page 7 Page of 48 7of 48 ' specifically noted that Father had that Father had not for drug not appeared for drug and and alcohol screenings or mental health alcohol screenings
treatment. Father was found to treatment. to have no progress. Father's have no Father's visitation visitation remained the same, remained the
however, due to ongoing ongoing domestic violence concerns, which were amplified with Mother and
Father seeing or running into one another before and/or after visits, the Court directed that
neither party party could could arrive or stay in the the vicinity vicinity of the building, building, including including the the building itself, itself,
outside outside perimeter and parking perimeter and lot, for parking lot, for more more than than ten ten ((10) 10) minutes. Father's Father's ordered ordered services services
stayed the the same, but but he was also also ordered to participate ordered to participate in a a Bonding Assessment, as arranged arranged by by
the Agency, the Agency. CYS was ordered ordered to assist assist both parents parents with transportation, upon request and request and
advance notice from parents. Both parents also ordered parents were also ordered to to engage in TPR and And PACA
Counseling." Counseling!
On the 12 12 1' of April April 2022, the final permanency the final permanency review hearing hearing before the TPR TPR hearing hearing was
held. held. Father was to be was found to be in in moderate compliance with moderate compliance the permanency with the permanency plan plan and and to to have have
made minimal progress toward alleviating the circumstances which necessitated the initial
placement. At the the time of the hearing, time of hearing, the the Agency Agency had had filed petition to filed the petition to terminate parental parental
rights with an original hearing bearing date date of June 2, 2022.
at the Testimony at the hearing hearing included information that that Father completed batterer's intervention
counseling on January 24, 2022, 2022,"9had earlier completed parenting parenting education on June 22, 2021,
Te 8 The specific specific order order for Termination Termination of Parental Rights of Parental and Post Adoption Rights and Adoption Contact counseling is insightful Contact counseling because it insightful because it appears in the the record, record, parents parents were were on notice that the Agency notice that Agency and Court had begun begun focus on the concurrent concurrent
= permanencyplof As admitted 9 As goal of� admitted as A CYS adoption.
Please He has L 11, Ms. Vozar CY'S Exhibit 11,Ms. Please be advised advised that writes: Voar writes that Mr. Dungee Dungee completed completed the PA ha positive attendance and participation and derorstred recommended recommended Mr. Dungee continue follow up with CYSas Health Services PA Professional Heath Services BIP
CYS as well as refer to a substance abuse counselor should it become necessary. Letter of ofJanuary program. BIP program. demonstrated no issues or concerns. It is amental heath Janumy 24, 2022 2022. health or
Page 8 Page 8of of 48 48 • It
and completed and completed drug and alcohol drug and alcohol treatment." treatment. °Father was compliant Father was compliant with t with parole parole and and maintained maintained
safe and safe and stable housing. housing. No information was presented presented regarding Father's mental health health
treatment. treatment. The Court Court Order from the April 12 121'hearing kept kept Father's court ordered services the
same and and requested updated evaluations and TPR and Post Adoption Counseling Counseling for for Father.
Dr. Michael Crabtree Crabtree testified at at the hearing regarding regarding interactions he be witnessed between
Father and and the Minor Minor Child and and stated stated that while while the Minor Minor Child seems bonded to Father, his bonded to his
primary primary attachment attachment is is with with maternal grandparents. Dr. maternal grandparents. Dr. Crabtree Crabtree stated stated that increased visitation that increased visitation
with Father would with would not negatively impact impact the child, so long long as this visitation did not impact impaet
his bond his bond with maternal maternal grandparents. permitted visitation with the Minor Child grandparents. Father was permitted Child
one ((I) one 1) time time per week week for for two two (2) at an Agency approved (2) hours at approved location supervised by location supervised by an an
Agency approved person. Agency approved person. He was was also also permitted permitted to to have have three three (3) (3) additional additional visits visits per per month for for
three (3) hours each, as could three could be arranged and supervised supervised by by the the Agency. Agency.
Testimony provided Testimoay provided at at TerMination of Termination ofParental Parental Rights Rights hearings: hearings:
This Court This Court conducted conducted aahearing on on the the TPR Petition that involved involved three three (3) (3) full full
days of testimony from from eleven eleven (11) (1l) witnesses as summarized herein. Additionally, Additionally, at at the
see 1° See letter of March 23, 2022 from Allied Addiction Recovery Recovery (AAR) (AA.R) indicating that Sean Dungee Dungee is currently currently enrolled in treatment with an intake appointment on February 3,2022 3, 2022 with with arecommendation recom dation of weekly weekly outpatient outpatient group therapy. The letter continues: group therapy, He attends attends weekly evening evening appointments without atte attendance dance issues. Sean attended group group therapy therapy of 219,2/16,2t23,3/2,3/9, 29,2/16, 2/23,302, 39,and and 3/16022. 3/1682. He He bas has remained rerained engaged engaged with with treatment treatment and in and in appropriate urinalysis compliance with the program. Sean provided appropriate urinalysis profiles profiles weekly, weekly, with no evidence of relapse or illicit substance use. He expresses understanding of the harmful effects of substance use substance use for for families and communities. At families and At this time, Sean this time, has made Sean has positive progress made positive progress inin treatment. Letter of treatment. ofMarch 3,3. 2022 2022. A second AAR letter was also submitted dated June A Jure 22, 2022, indicating: indicating This letter is being being written to verify hat that Sean Dungee Dungee is currently currently enrolled in treatment treatment atat Allied Addiction Addiction Recovery, Recovery, LLC. He He attended attended an an intake intake appointment ppoi t on on 2/782 27/22 andand was recommended recorr vended to participate in outpatient group in weekly owtpatient group therapy sessions. . Sean has attended a a total of 13 grop group tree individual therapy sessions and his intake assessment. His therapy sessions in addition to three t.
attendance adand participation in treatment have been good good. Sean Sen bashas made positive positive progress progress in treatment. treatment. HeHe provided provided weekly weekly urine urine samples, samples, and allell results of his urinalysis of bis urinalysis testing testing were appropriate. Sea Sean is scheduled to to successfully treatment on 6/27/22 following successfully complete treatment following his final final individual therapy appointment as long individual long as he maintains his current current status and compliance with treatment. Letter of ofJrme 2022. hue 22, 2022
Page 99of 48 • conclusion of the hearing, bearing, counsel for Father, the Agency Agency Solicitor, and child counsel provided provided
findings of fact fact and conclusions of law.
The first first hearing date date was August 31, 2022. At the commencement of the hearing, Mother,
Angela Dungee, requested with consent of all parties, to amend the Angela the termination petition filed
against against her to aavoluntary agreement. Following oral colloquy and submission of an Agreement
to to Terminate and Submission of Terminate and Colloquy, Mother's of an Oral Colloquy, request was granted. Mother's request granted.
1) D Kathryn Davis, KathrynDavis, Pre-licensed Marriage &. Rre-licensed Marriage & Family therapist: Family therapist:
Testimony was received vis via telephone telephone from Kathryn Kathryn Davis of Christian Counseling Counseling
family therapist Associates. Davis testified that she is a "Pre-licensed" marriage and family therapist who is
currently under the currently the supervision of another person. Davis testified that Father, Sean Sean Dungee, has Dungee, has
been been her client as of January 31, 2022. Notably, this is over one one ((D) 1) year after Dungee Dungee was
originally ordered to complete such service.'' service." This statement statement is also also inconsistent inconsistent with Davis's
later testimony that her later testimony "initial assessment" her initial assessment" of of Dungee Dungee was on on February February 7,2022. 7,2022.12 According According
to to Davis, she engaged engaged in in weekly on-line therapy sessions weekly on-line sessions with Father Father for, "adjustment "adjustment disorder, disorder,
anxiety and depression." Ms. Davis Davis indicated her treatment plan was based on information self- self-
reported by Father and further indicated that she was unaware of the evaluation conducted with
Dr. Crabtree and Dr. Crabtree and his his and/or and/or specific court recommendations specific court recommendations for for Father.
Davis indicated that her her initial assessment with Father was on February 7, 2022 with the initial assessment
presenting problem presenting problem provided provided by Father as Anxiety, by Father Anxiety, PTSD, and Bi-Polar disorder. disorder. Father
""pavis 11 Davis indicated that that she graduated with a she graduated a master's degree degree and under supervision and is under supervision of a licensed therapist, a licensed therapist, which for aspecific umber is required for number of hours prior to being licensed licensed.
12 The dates provided by Davis are important in this "The this Court's consideration of whether Dungee's initial participation occurred pre and/or post occurred poet TPR petition filing. It l appears that Davis carefully utilized the date of January 31, 2022 in stating stating that is when Dungee became her client, is when client, however, by her own testimony, however, by testimony, her initial assessment was not until two two (2) weeks later and following the filing of the TPR petition. ( weels petition. .,
Page 10 of 48 • indicated to indicated to Davis Davis that that his anxiety and his anxiety and depression depression were were related related to legal and to legal and parenting parenting issues. issues.
Father's last last session with Davis occurred on May 18, 2022. When asked why with Davis why Father was no
longer aaclient, Davis indicated that continuing therapy is her her "client's prerogative" and Father
chose to to be discharged. Davis continued that be discharged. that when when Father with her, Father attended therapy with her, he did did so
regularly and consistently.
Davis provided additional details Davis provided details when when questioned by by Father's counsel. counsel. Davis Davis continued continued
that Father that Father was cooperative in in sessions and and noted that that she she found him "open found him and honest." "open and Davis honest," Davis
said that Father said made progress in Father made in increasing his "self "self worth and managing anxiety." and with managing She anxiety." She
testified hrther further that Father Father "progressed in aapositive way and was receptive to the on-line
therapy," therapy," successfully moving moving through through long and and short term goals. short term goals. When asked further detail, asked for further detail,
Davis testified testified that that Father progressed with her assessment tool in his anxiety, starting at at an 1 lHI
and ending with aa1. and A similar tool used by I. A by Davis regarding Father's depression showed an
improvement from a improvement from a10 I0 at the the beginning beginning to a a 1.1.'' 13 discharged as aaresult of his Father was discharged completion of completion of long and and short short term term goals, however, however, Davis indicated that Davis indicated his goals that his goals and and her her
conclusions were based based entirely on the information that that Father provided. Davis acknowledged
that her that her treatment plan would treatment plan be different would be different if if she had been provided had been provided the report of the report of Dr. Crabtree Crabtree or or
was presented at at the the assessment with with concerns of agoraphobia agoraphobia and/or cannabis cannabis disorder. Davis
acknowledged she she does does not treat P'TSD, not treat PTSD, cannabis cannabis use use disorder, disorder, alcohol alcohol problems, bi-polar and/or problems, bi-polar and/or
agoraphobia. 14 Additionally, agoraphobia." Additionally, Davis acknowledged awareness of Father's Father's treatment treatment with
Southwestern Pennsylvania Pennsylvania Human Services Services (SPHS), request, receive, (SPHS), but did not request, receive, and/or review review
information and/or records from the provider.
Davis referred pavis 13 referred to toaareport, report, however however a report was a report was not introduced introduced at the bearing at the hearing and not of and is not record. of record AAll of which are included in 14 in Father's mental health history as discussed herein, bealth bistory herein.
Page 11 of of 48 Davis had no contact with the the Agency Agency during during her her treatment of of Father. Father. She She testified testified that that
in July of this year, after her closure of Dungee's case, she had contact with Caseworker Paige
Eisengart one ((I) Eisengart approximately one 1) or two two (2) (2) times. Davis also also indicated indicated that that she received a a signed signed
release of release information in June of information of 2022 June of 2022 and and aareport report was sent to to the the Agency at at the the beginning beginning of August. August.
2) Pr. 2) Dr. Michael Crabtree- Expert Michael Crabtree- in Expert in Forensic Psychology Psychology
After being qualified by consent as an expert expert in forensic psychology, psychology, Dr. Crabtree Crabtree
provided testimony regarding provided regarding his various evaluations his various evaluations with Dungee. Dungee. Dr. Crabtree's Crabtree's initial initial
evaluation and evaluation and assessment assessment of of Dungee occurred on Dungee occurred May 18, on May 2021. Following 18,2021. Following aabattery of tests battery of tests
and and assessments, Crabtree identified assessments, Crabtree identified anxiety, anxiety, paranoia, panic, cannabis paranoias, panic, cannabis and alcohol disorder and alcohol disorder with with
Dungee. His report Dungee. of May 18, 2021 entered as Exhibit 6 report of 6 collective, notes aadiagnosis diagnosis of of
Cannabis Use Disorder Mild, Mild, Alcohol Use Disorder Moderate, Generalized Anxiety Disorder Anxiety Disorder
and Agoraphobia with Panic Disorder. See with Panic See Report Pg. 9. Report at Pg. Crabtree indicated 9. Crabtree indicated that the anxiety that the anxiety
and panic and panic would be responsive would be responsive to to treatment, treatment, but but thought thought the cannabis and the cannabis alcohol findings and alcohol findings would would
have have a a significant significant impact impact on on Father's ability to Father's ability to parent. Crabtree Crabtree recommended that Father recommended that
continue ongoing ongoing therapy and treatment through SPHS with with mental health and and drug drag and
alcohol services. s t
1s Crabtree noted frustration Cmbtree access to frustration in not having aooess to the the records of Christian Counseling. Counseling. Crabtree Crabtree was present present for for the testimony of pre- the licensed therapist Davis. pre-licensed Davis.
Crabtree's report report indicates the following: following
... of great .of great interest regarding regarding the the test results results is the the fact fet that that Mr. Dungee Dungee has some difficulty thinking sotne difficulty thinking through through situations arriving at situations and arriving at rational conclusions (a ratiooal conclusions (a so-called Thought Disorder). Disorder). He He also experiences experiences significant significant social detachment detac hment from others and has has sahigh level of paranoia paranoia being being hypervigilant hypervigilant and feeling feeling he is always being ahways being
Page 12 of 48 ' Crabtree testified that he made multiple attempts attempts to to obtain the records of Christian
Counseling Services and failed. Crabtree opined that the therapy that Father received from
Christian Counseling was insufficient and failed to comply with his recommendations. Crabtree
noted fiuther further concerns that the counseling did not not address the areas of concern that his
assessment most significant. assessment found most
Dr. Crabtree next completed an interactional evaluation between the Minor Child and
Father on January 21, 2022, this evaluation was provided by by report dated February report dated February 23, 2022.
This report, also part of collective Exhibit 6 6 indicates in conclusion, "Father showed good good
parenting skills as he worked with his son. The conclusion is that there is a a bonded relationship
between the father and son." Page S Sofreport. No testimony testimony was was presented regarding regarding the
January evaluation.
Dr. Crabtree completed an updated updated evaluation with Father on June 14, 2022. Through Through
the report report dated June 23, 2022, Dr. Crabtree states the following following in conclusions and
recommendations: recommendations:
Since the evaluator last met with Mr. Dungee, he has continued to lead aa responsible life. He has changed employers, employers, and he he reports reports himself to to be be getting getting
persecuted and persecuted having asahigh and having high degree of resentment. degree of n The test oment. The results combined test results. with his bled w.lth his. existing stbg mental metal health hea.ht diagnosis dlagosl atat SPHS, The Care SPAS, fie Care Center Center suggest suggest aslgfloat signleant challenge a challengefor his ability io his ablllry to effectively effectively parent. parent.
It is recommended re oimmended that he be required to attend at the rate rate suggested by SPHS, The Care Center for mental health suggested by services ervices and that he have substance abuse abuse treatment treatment services in addition.
W. Mr. Dungee Dungee does not appear does not appear to have been to have actively involved been actively the parenting involved in the parenting of his older of bis older children. The three children. The mothers three mother of these four of these four children have taken primary responsibility responsibility for raising raising the Therefore, he may the children. Therefore, need instruction may need instn ztion in in parenting to provide parenting skills to effective care provide effective care for for his son.
Of great great concern concern for thethe Agency Agency in putting together in putting together a long-term plan a long-ten plan for Mr. Mr. Dungee's involvement with Dungee's involvement with his son is his son is not only his not bis criminal history history but but also also potential potential future fare incarceration. His criminal history history is listed above on listed above on page page 9 9of of this report. this report It is the 'tie the evaluator's evaluator's understanding understanding thatthat when the most when the most recent charges are recent charges adjudicated, he are adjudicated he may nay be serving beservj a very long a long sentence in insastate state or federal prison prison (Note (Note of Opinion-It is noted that Mr. Dungee Opinion-It is Dungee was sentenced sett d to time to tine served with probation) It would be important for the the needs of the child that there be some understanding understanding of whether whether Mr. Mr. Dungee Dungee would would bebe physically physically present present over the the next next few few years of the years of' the child's child's life life before beforeagreat great deal of effort deal of is effort is extended toto be certain that the bond between berween himself and the child is is established or maintained maintained
Page 13 of 48 ' along well well with fellow fellow workers and and supervisors. supervisors. He He has not gotten into not gotten any legal into any legal trouble. He reports he has followed through with the counseling recommendations made made by CYS. by CYS.
Mr. Dungee presented as Mr. Dungee as very very pleasant, pleasant, engaged engaged and and sincere. sincere.
He He has has a a desire to be involved in be involved in his son's life. his son's life. It It should be noted Mr. Dungee be noted Dungee has four other other children, children, all all of whom whom are in in custody with their custody with their mothers, and and of whom Mr. Dungee whom custody. Dungee does not have custody.
Mr. Dungee has a a strong strong desire desire to to see his son involved in in his his own extended family. family. It was implied during conversation was irplied with Mr. Dungee conversation with Dungee that that even if he even if is be ls not not the the primary physical custodian, primary physical custodian, hehe would would like like to have have some some time with his time with son so that his his son could cold continue to develop a to develop a relationship with him, relationship with him, and get and get to to know his extended know bis extended family. family.
There are no mental health, drug There drug and and alcohol, alcohol, or lifestyle lifestyle issues issues that were discovered by discovered by this re-evaluation. re-evaluation. An area for which there An area there was was not good not good confirming confirming information is is the the legal legal issues issues still still facing facing Mr. Mr. Dungee. Dungee. He reports he He reports he has bas not not had clear clear information information on on whether whether hehe will will have have toto spend spend time time in in a a state state prison because prison of pending legal because of issues; he legal issues; reports it he reports it is possible he might possible he might get get probation probation instead.
Mr. Mr. Dungee's parenting test Dungee's parenting test scores support the scores support the fact fact he he has has values values and and attitudes attitudes consistent with agood with a good parent. parent.
See Report dated June 28, pgs. 7.8 28, 2022, pgs. 7-8.
Through aareport Through report dated dated on same date, date, Dr. Dr. Crabtree did did aabonding bonding assessment with with his
Maternal Grandparents and Maternal and placement placement providers wherein he found providers wherein found that that the Child had a the Minor Child a
bonded bonded relationship with grandfather grandfather and and grandfather's wife. wife. A A bonding bonding assessment was also also
done with done Father, to with Father, to which testimony was received and and a report was provided, a report provided, dated dated June 23, 23,
The conclusions and recommendations of the written report 2022. The report indicate the following:
This is the the second second opportunity the evaluator has to to observe Sean L. Dungee II Il along with his son, J.D.. most recent observation indicates aamore natural I.D.. This most quality as the quality the father and child interacted with with one another. another. There is aa bond between them. between the. The father was able to demonstrate anumber of strong was able to demonstrate a number of strong parenting skulls, at parenting skills, at least least as as they relate to emotional they relate emotional bonding with his bonding with bis child child (it (it is difficult difficult to determine if to determine if he he has aagood good foundation in understanding foundation in understanding the needs thethe child child might have for meeting meeting developmental developmental milestones). The child was very natural natural and comfortable with the father. The child child never showed showed any anxiety anxiety inin
Page Page 14 of 48 f, ' the the presence presence of of his his father. The father father. The father could could initiate emotional connection initiate emotional connection with with the the child, child, and and reciprocate reciprocate when when it appeared appeared as though the as though the child was in need of some emotional reassurance. The father was ableable to to interact appropriately and comfortably with grandfather of the child, who presently bas has custody.
Therefore, Therefore, to answer the referral questions from the the agency, there is a abond J.D. between JD. and his maternal grandparents, grandparents, and there is a ls a bond between J.D. and JD. and his father. That being said, this being said, this evaluator concludes that the the child child would not suffer if the bond between the child and the the cbild the father father were to be be severed and the child continued to live withwith his maternal grandparents. maternal grandparents.
This conclusion is based on the fact fact that the bond that exists between the child and the grandparents is strong strong and would, from all indications, continue to be strong. strong.
Father presents with with a sincere interest a sincere in maintaining interest in maintaining a arelationship with his relationship with his enough knowledge son. On the other hand, it is not clear that he has enough knowledge about issues related lssues related to child development, to child development, andand to to specific his child specific needs his child has, has, to be to be the primary the caregiver for primary caregiver the child. for the child, Mr. Dungee has had Mr. Dungee had five five children and and he he not been involved in has not in raising the the older children. children.
All the above is given with with aareasonable degree of psychological psychological certainty. certainty.
Report dated June 23, 2022, pg. S. See Report S.
In support of his opinions, Dr. Crabtree testified that Father had an identifiable had an "identifiable
bond" bond" with the Minor Child and and was was appropriate appropriate in in approaching approaching bis his son, son, who who was
"comfortable comfortable with with Father." Father." Crabtree felt that Crabtree felt was aa "good that there was "good degree degree of of cooperation" cooperation"
between Maternal Grandfather and Father. Crabtree continued to opine that the bonded opine that bonded
relationship between Father relationship between Father and and the the Minor Child was Minor Child was largely largely attributable to the attributable to the action action of of
Maternal Grandfather. He testified that during his first meeting with Father, he observed no
bond between the Father and Minor child. Nevertheless, a ayear later, the Grandfather Grandfather "allowed
for for aarelationship" relationship" which supported supported aadevelopment of a development of a bond bond between between the Child and Father. the Child Father.
Crabtree testified that the Minor Childs primary caregivers are his Grandparents who
have have served in in that capacity for that capacity approximately eighteen for approximately eighteen ((18) 18) months. Crabtree testified that he testified that
"no concerns has "no with Grandparent's parenting concerns with parenting of J.D. and testified of I.D. further that, testified further that, "Thanks to the the
Page 49 Page 15 of 48 Grandparents, the Grandparents, the Minor Child has Minor Child has a a secure bond that should not be that should be disturbed. Crabtree
testified that the Minor Child's best interests are best served if he is in the continuous care
of the the Grandparents. Grandparents. Stating Anther, Father as Stating further, as the the primary primary caregiver caregiver is not in the the best
interest of the child. interest of Crabtree noted his forefront child. Next, Crabtree forefront considerations in developing his
opinion, including: l) 1) asking whether Father still suffers from substance abuse issues; 2)
the fact that Father bas questioning the has four four (4) other children for which he hasn't been an active
parent; 3) noting the the Minor Child's relationship with Father was tenuous tenuous prior to to Maternal Matera Grandfather being Grandfather being involved; and and 4) questioning the impact impact of Father's pending criminal pending federal criminal
sentencing. conclusion on sentencing. In conclusion direct, Dr. Crabtree testified that on direct, that it could be "deleterious to the be deleterious the
Child" to separate him from Grandparents, whereas he "does not believe the Child would he does
suffer suffer psychological harm if aatermination termination of parental rights was parental rights was granted granted as to Father
because the Child's primary "primary bond is with Grandparents. Grandparents.
On cross examination, Dr. Crabtree was presented with reports recent drug reports of Father's recent
testing testing and and treatment. Crabtree responded treatment. Crabtree responded that that he saw the reports as showing that the reports that Father, "is
addressing his abuse abuse with fewer fewer failed failed tests which shows shows an upward upward trajectory, trajectory, however the
results do not establish that that Father is ready to live clean and sober. In addition, addition, Crabtree noted
concern with having no results results for Father's alcohol testing. testing.
Crabtree reported Crabtree that his conclusions reported that conclusions regarding Father's interaction regarding Father's interaction with with his other other
children (Father children not primary (Father not primary custodian and not involved in the the rearing rearing of) were based on
information provided by by Father. He also declined to agree that a parental bond a parental bond is aa "preferred
Mond" bond" when when questioned. Crabtree testified that Crabtree testified achild that a and does child can and does develop develop a abond with a bond with a
and restated that consistent caregiver and that Minor Child has aaprimary primary bond bond that is consistent and consistent and
predictable with Grandparents. In response to additional questions regarding the issues leading
Page Page 16 16 of 48 48 } ' to dependency to dependency adjudication, adjudication, Crabtree noted noted that, that, Father's substance abuse issues Father's substance issues were not not
resolved despite adequate adequate time time to address the the issues. issues. Crabtree Crabtree testified that with "aparent with "a
facing the loss of a loss of aChild the the concerns of of the Agency should be be paramount." Based on his
diagnosis at diagnosis at the the first assessment, assessment, wherein wherein two two (2) (2) concerns concerns were substance abuse were substance related, abuse related,
opined that Crabtree opined that based on information from Father's service service providers, providers, Father is inconsistent
these concems. with addressing these concerns.
Upon further examination from the GAL, Crabtree testified testified to concerns with anxiety with anxiety
being the focus of treatment sought by Father. Crabtree noted that there was no treatment treatment for
PTSD PTsp and and no treatment treatment reports specific to reports specific to Father. Father. Crabtree further pointed Crabtree further to Father's missed pointed to
testing in both 2021 and testing and 2022.
3) 3) Paige Eisengart- Washington Paige Eiscagart- County Washington County Children and and Youth Caseworker Caseworker Paige Eisengart, ongoing Caseworker for J.D. next provided provided testimony. Eisengart gave gave
an overview of the the Agency involvement with J.D.'s family and the concerns resulting resulting in Child's
adjudication adjudication of dependency. dependency. Per Ms. Eisengart, the Minor Child was adjudicated the Minor dependent on adjudicated dependent
January 15, January 15, 2021. Accordingly, at 2021. Accordingly, the time of Ms. at the Ms. Eisengart's Eisengart's testimony, testimony, the Minor Child the Minor Child was
and out adjudicated and out of care of Father for for over nineteen nineteen ((I9) 19) months. months. The The Agency filed the
Petition for for Termination of Parental Rights Rights in February February of 2022, thirteen ((13) 2022, thirteen 13) months months following following
initial adjudication. the initial adjudication.
Eisengart testified that Father participated Ms. Eiseogart participated with court ordered drug drug testing testing
sporadically throughout the sporadically the dependency matter. Father completed forty-one Father completed forty-one (41) of seventy-nine (41) seventy-nine
(79) random (79) random tests. tests. In six six (6) tests, he (6) tests, he was positive for cannabinoids and positive for and two two (2), (2), testing positive testing positive
methadone. t6 Father for methadone." Father was aano-show for thirty-eight thirty-eight (38) seventy-nine (79) (38) of the seventy-nine (79) tests tests and and
1°One such Ore such test positive screening for test with aapositive for methadone was challenged by by Father and later determined determined to be be aafalse positive. Father only challenged the methadone finding and not the companion companion positive positive screen for cannabinoide. cannabinoids.
Page 17 of 48 • twenty-seven twenty-seven (2'n of the tests (27) of tests occurred after the TPR TPR Petition Petition was filed. 11 According was filed." According to the to the
testimony of Ms. Eisengart, Eisengar4 Father was compliant with drug and alcohol treatment, treatment, successfully
completing AAR treatment. treatment."tsFather was unsuccessfully discharged discharged from mental health
counseling with with provider SPHS, but later later completed treatment with Christian Counseling Counseling
Services. Father completed Batterer's Counseling Counseling in January of 2022 and parenting parenting education in
June of 2021. Eisengart of 202L. Eisengart testified that Father was compliant with providing the Agency Agency releases
"Father "fuer has tested positive for cannabinoids after the completion of the drug drug && alcohol treatment ad alcohol treatment and the Agency Agency cannot confirm his sobriety due cannot confirm due to the positive to the drug screens and those tests positive drug tests missed missed by by Father.
18 Treatment completed Jure 'fetrent June 27, 2022. Letters submitted as evidence of of Father's completion completion of treatment treatment atat Allied Allied Addiction Recovery, AAR, AAR, read as follows: This letter is being written to verify that Sean Dungee is currently currently enrolled in treatment treatment at Allied Addiction Recovery, LLC. He attended a an intake appointment appointment on 2722 2/7/22 nd and ws was recommended recommended to participate in weekly weekly outpatient group group therapy sessions from 67.30 sessions fror 6-7:30 pm. weekly pin. He attends weekly evening appointments without attendance after dance issues. Sean attended group group therapy therapy on 2/16, 2/23, a 2/9,2/16,2/23, 3/2, 39,and 32, 3/9, and 3/1622. 3/16/22. He has bas remained engaged engaged with treatment and in compliance with the program. program. Sean provided appropriate urinalysis provided appropriate urinalysis profiles weekly, with no evidence of profiles weekly, of relapse relapse or illicit substace substance use. use He expresses expire understanding of the baneful harmful effects effeet of substance substace ue use for toe families failies and communities. At this time, positive progress time, Sean has made positive Signed progress in treatment. Signed Halee V. Stroup, BA, Counselor. See Letter ofMarch 23, 2022, CYS Exhibit 14. Halee
This letter is TH ls being written to verify that Sean Sea Dungee Dungee is currently currently enrolled in treatment at Allied Addiction Recovery, LLC.LLC. HeHe attended an intake appointment attended an appointment on on 2/7/22 2/7/22 and was recommended recorte died to participate in weekly outpatient group therapy sessions. Sean has aattended ttended a « total of 13group 13 group therapy tdee individual therapy sessions and therapy sessions in addition to three tad his intake as assessment. ment, His attendance and and participation participation in treatment treatment have been been good good. Sean hasha made positive positive progress progress in in treatment. treatment. He provided provided weekly weekly urine samples, and and all results of of his urinalysis testing were urinalysis testing appropriate. appropriate. Sean is scheduled scheduled to to successfully complete complete treatment treatment on 6/27/22 following on 6/27/22 following his final his flaal current status individual therapy appointment as long as he maintains his current stats and compliance compliance with Haelee V. Stroup, BA, Counselor. See Letter of treatment. Signed Haelee ofJune hue 22, 2022, CYS Eehlbit Exhibit 14, 14.
This letter is being being written written to verify that to verify that Sean Dungee Dungee successfully completed treatment successfully completed treatment atat Allied Allied Addiction Recovery, Addiction Recovery, LLC. He attended an intake He attended intake appointment on 2/7/22 27/22ad and was recommended recommended to participate to participate in weekly weekly outpatient outpatient group group therapy therapy sessions. sessions. Sean attended attended aatotal total of 13 group of 13 group therapy therapy sessions in addition to five individual therapy sessions and his bis intake assessment. ass¢ ent. His attendance attend.ace and participation in treatment were good. cede positive progress in treatment. good. Sean made t tr ert He provided provided weekly weekly urine urine samples, and all results of his urinalysis and ll urinalysis testing testing were appropriate. appropriate Please feel free to to let let me know know if there are any if there any questions or concerns. See Letter of or coooems. ofJune June 27, 2022, 21022 Father's Exhibit B.
Page 18 of 48 • and equally and equally compliant compliant with with parole. Finally, Eisengart parole. Finally, Eisengart testified testified that Father maintained that Father maintained safe and safe and
stable housing.
Despite Father's compliance with most court Despite Father's court ordered ordered services, services, Eisengart Eisengart testified that testified that
there there were a number of Agency a number Agency concerns remaining. remaining. First, Eisengart testified that, despite despite Father
completing counseling with Christian Counseling, the the Agency remained concerned with the
effectiveness of such treatment treatment due to to the lack of collateral information provided to the
counselor. Eisengart testified that she she was unable to verify Father's present sobriety sobriety due to his
no o shows at drug screens. Eisengart also testified that there at drug regarding there are continued concerns regarding
mental health. Finally, Eisengart Father's mental Eisengart testified testified that despite despite Father completing Batterer's
Intervention, his occurred at his participation occurred at the same time as the TPR filing. filing." Upon Upon direct direct 19
what circumstances are not questioning of what from the not remedied from original adjudication, the original adjudication, Eisengart Eisengart
testified, Father's mental health, health, sobriety sobriety and and his his outstanding criminal case.
Eisengart acknowledged that Father's visits visits with J.D. "go "go well," while while also testifying testifying that
has never reached the level of unsupervised visits. Currently, Father has Currently, Father has Court ordered ordered
supervised visitation, once aaweek for three three (3) hours, along along with three three (3) (3) additional additional visits visits every
month. Father has not spent time with I.D. has not J.D. unsupervised unsupervised since since the the inception inception of the case. The The
Caseworker Caseworker reported reported that that the go well. the visits go well. However, since additional additional visits were ordered in visits were in
June of June of 2022, 2022, Father has failed Father has failed to utilize the additional to utilize additional visits. visits.
TPR was l'pg 19 filed approximately wees fled one ((I) approximately one 1) year after afer the child was adjudicated dependent. The Agency adjudicated dependent. Agency filed the the TPR before before the the standard standard timeline of fifteen tireline of fifteen (15) months, utilized (I5) months, by the Washington utilized by Washington County Agency. When County Agency. Whe asked why asked why the Agency Agency filed the Petition early, early, tbe the Caseworker Caseworker indicated that that the were not compliant the parents were compliant with services and were not were not drug drug testing. testing
Page 19 of 48 • As supported As by the supported by the Dependency Dependency Court Court docket, docket, Eisengart Eisengart testified that Father's testified that Father's highest highest
in April level of compliance with his permanency plan was moderate in April of 2022 with his highest
level of progress being minimal at the same time. time.
J.D. Grandparents since January JD. has been placed with Maternal Grandparents 2021. Caseworker has January 202L.
visited visited the kinship home including as recently as August August of 2022. Caseworker stated stated that that J.D.
appears to to be happy and doing well in in the home. He also receives early intervention services in
home of the Chambers. J.D. the home JD. previously received occupational therapy, therapy, but has has since since
discharged Materal discharged. Maternal Grandparents ensure that that J.D. J.D. attends attends all all services, daily needs, services, meet J.D.'s daily needs,
and act and act as aapre-adoptive pre-adoptive placement. placement. J.D. refers to Maternal Grandparents, with whom Maternal Grandparents, wbom he has has
been been in care care for the majority of his life, as "Mom and Dad. for the Dad " Eisengart Eisengart stated that the Agency 20 Agency
has bas provided provided services services for Father Father to assist him in alleviating the circumstances in alleviating brought J.D. circumstances that brought I.D.
into care. Eisengart testified that J.D. has been in care for the majority majority of his life and deserves
permanency.
On Eisengart was Oa cross, Eisengart was questioned questioned regarding regarding the the false positive drug false positive drug screen screen of of Father and Father and
whether the the Agency Agency had concems with the reliability had concerns reliability of the other of the other tests, tests, to to which Eisengart Eisengart
responded responded in in the negative. Eisengart the negative. also asked Eisengart was also asked about the child permanency plan plan (CPP),
which indicated that that mental health treatment treatment was completed. completed.
Testimony of Testimony Eisengart on of Eisengart cross-examination included on cross-examination included testimony that she testimony that she was contact was in contact
with another child with child of Father, who was unable Father, Kylea, who unable to to be be aaplacement placement resource due to to her age. age.
Eisengart was unable Eisengart was unable to speak to any to speak any other members of other members of Father's Father's family, but noted that Father family, but Father
failed to offer any family members for placement prior to to the filing the TPR. Finally, filing of the Finally,
Eisengart Eisengart testified that she testified that she was unaware of Father's Father's potential potential sentence for his sentence for outstanding his outstanding
re The Minor 20 Minot Child turned two two (2) in October and came into care at (2) in at two two and one-half one-half (2 %) months old. (2 %)
Page 20 of Page of 48 i
criminal charges but would have have concerns concerns for even house-arrest house-arrest due to Father's inability inability to
handle emergencies or handle emergencies or attend attend appointments appointments for for the the Minor Child. Child.
Eisengart testified that Father was cooperative with with signing releases and and completed Triple
PParenting in June of 2021 and P and Batterers Intervention Counseling Counseling in January January of 2022 2022.
When questioned in more When questioned more detail about about Father's Father's visits with with the Minor Child, Eisengart the Minor Eisengart
stated that Father has had bad some valid excuses for missing missing visits including, contact with COVID, COVID,
aafuneral, car problems and work. Eisengart noted that she has observed a a few minutes of a a few
visits visits between Father J.D., and also supervised Father and JD., supervised visits a acouple couple of times at Blueprints.
Eisengart indicated that the the interaction between and Child is positive between Father and and she has no positive and
concerns during the concerns during the visits. visits. Eisengart Eisengart also also testified testified that there there has been been no no historical threat or or
threat of harm to threat to J.D. J.D with with Father.
Upon questioning from the GAL, Eisengart Eisengart acknowledged that that Father may may not be getting getting
everything everything he needs from the the services he has engaged with, specifically engaged with, specifically considering progress considering his progress
reflected in Court orders. The Caseworker agreed agreed it concerning, when questioned it was concerning, questioned about the
timing of Father's highest highest level of progress being followed, a short ten a short ten ((I0) 10) days days later, later, by by the
entry of aaprotection from abuse order. Eisengart also acknowledged acknowledged that Father was involved
with with the Agency Agency for children, but noted that the for other children, the other other case was closed. closed.
With specific reference to the needs of JD., J.D., Eisengart Eisengart testified that the child has health
conditions, including asthma and and Father Father has bas not any appointments not attended any appointments for child." child"
4) Annie 4) Anne Schlegel Schlegel Director Washington County Director Washington County Children Children and and Youth Youth Social Social Services Services Director Schegel testified that an Agency team testified that meeting was team meeting was conducted to discuss the Dungee to discuss Dungee
Testimony indicates that Father sent a Testimony 21 a message via text text to to Foster asking how the Minor Foster Parents asking Minor Child Child was doing doing. noted that It was also noted that Father was offered additional visits but failed to but failed to utilize the the same. same. In addition, Maternal In addition, Step- Matera! Step- grandmother grandmother took a a year off from working to to care for the Minor Child's specialized specialized medical needs. Page 21 of 48 ' case case during during Caseworker Caseworker Eisengart's maternity leave. The Eisengart's maternity meeting, called The meeting, called by Casework Casework
Supervisor, Kristin Young, was was facilitated Schlegel. The meeting facilitated by Schlegel. meeting first involved aareview review of
to Father. The team services provided to contemplated that, at the time of the meeting, team contemplated had meeting, Father bad
not done batterers' not done batterers' intervention, intervention, had a pending PFA a pending PFA violation, violation, had engaged in mental engaged in mental health
treatment treatment but not not completed the same, same, had ongoing history had an ongoing history of domestic violence and and found to to
have no progress in alleviating alleviating concems concerns leading to the Child's dependency. leading to dependency. In In short, short, Schlegel Schlegel
indicated that the meeting was held when the Minor Child was twelve twelve (12) (12) months in care and
the Agency opinioned that they offered Father all available court they offered court services, services, with with no other
reasonable services services available and no significant significant progress from Father.
5) Kylea 59) Klea Dungee- twenty (20) Dungee's twenty (20) year old adult child provided testimony testimony at at the hearing. hearing. Appearing Appearing
quite quite nervous, nervous, Kylea Kylea Dungee Dungee testified that currently lives that she currently lives alone in Donors Donora and and J.D. JD. is her is her
brother that she met as a a newborn and last saw in Christmas Christmas of 2020. Kylea testified that when
J.D. at her great she saw I.D. great grandmother, Ms. Donna's house, she watched Dungee feed J.D., house, sbe ID.,
provide aadiaper change, and engage in other provide stuff' with the Minor Child. Kylea other "newborn stuff Kylea
indicated that I.D. J.D. was two two (2) (2) months old at the time. The witness indicated that she she "had "had J.D. a a
lot during lot during the the Christmas Christmas visit," further indicating, indicating, "T "Iheld him him a a lot... the the whole whole time." Kylea time." Kylea
testified testified that she also saw JD. that she J.D. on another another visit visit when he was aacouple days or a couple days a week old. She
indicated that that she hasn't seen the baby since, "because "because the baby baby is with Jamie and is with and Jim. Jim." Kylea Klea
indicated that she contacted the Caseworker Paige Paige Eisengart Eisengant to offer herself as aacaregiver caregiver for for
J.D.. JD.. In July July 2021, Kylea Kylea contacted the the Agency Agency to to hold herself herself out out as as aaplacement option for placement option for J.D. I.D.
u The witness The witness indicated that she attempted to contact attempted to contact Jamie and and Jim with with a aFacebook Facebook request, it didn't request, "but it did'tgogo through." through."
Page 22 of 48 • The Minor Child, who was approximately approximately four four (4) (4) or five (5) or five (5) months months at the the time, was was unable unable to
be placed with K Kylea ylea due to Kylea's age. Kylea indicated that she made an additional call to to kKylea's to the
Agency, but did not receive a areturn A second call was made to the Agency retum call. A Agency with the
assistance assistance of of aadaycare daycare owner with with whom Kylea was familiar in in August of 202123 The August of2021 Te
Kylea Caseworker informed Kylea that she she would discuss her with her her requests with her supervisor, supervisor, however,
Kylea Kylea never heard heard back from the back from the Agency. Agency. While While Kylea Kylea requested requested placement placement of in ber of J.D. in her care,
she she didn't didn't request request visitation with the Minor Child. visitation with Child.
In addition to her in person observations, Kylea was able to observe Dungee Dungee with J.D. JD. on
face-time calls during his visits in late 2021. 202L. Dungee would call her when he was with her when with the Minor
Child and and sbe she would would observe Father feed J.D. snacks. Kylea indicated that KyKy" "KyKy" was the the
J.D. used for her. Kylea also testified that she gave gifts to I.D. nickname I.D. J.D. for his birthday birthday and
Christmas, which were delivered through through Dungee. Dungee. Z4
6) gonna Ebore- Grandmother Donna Ebore- Grandmother of of Dungee. of Dungee. Great-Grandmother of J.D. I.D Testimony was received from Donna Ebore, Paternal Great-Grandmother. Ms. Ebore
testified testified that that Dungee in her home Dungee resided in home three three (3) (3) months before J.D. I.D was bor born and and three three (3) (3)
J.D. and months thereafter. I.D. and Dungee resided in her her home home "from "from the "first day the first day home home from from the the
hospital, until CYS took took him and placed him and placed him with Mr. Chambers." him with Chambers." Ebore, who is Ebore, who is retired, retired,
testified testified that that J.D., "wasn't aabad baby" I.D., "wasn't baby" or ababy or a baby that would would "cry "cry aalot" and she she watched Dungee Dungee
feed, clothe and bathe the Minor Child. Ebore indicated that both she and Dungee provided gifts
Later testimony Luter 23 testimony indicated that it was was Ms. '%49. Sonya's Sonya's daycare" called Sonya's daycare" called "Sonya's Enchanted Garden," and and located in in Donora, Donom, PA. PA -It is unclear if two two (2)2) or three three (3) calls were made (J) calls made to the Agency. to the Agency. On cross-examination from from the the GAL, GAL, Kylea Kylee indicated idi that the ted ta first call the first call was when she was living was when her first living her first month her own and wanted month on her wanted to "help with the to el situation." The Th¢ second $eord call was with M. Ms. Sony's Sonya's daycare owner, when she worked there. u Kylea testified Kylea testified that that she she provided provided CROCs and and clothing clothing for for J.D.. JD..
Page 23 of 0f 48 '
for J.D.. .D.. According to Ebore, According to Ebore, Dungee has "been Dungee has "been through this before," through this before," (referring to his (referring to his four four (4) (4)
children) and she has no safety concerns with JD. other children) J.D. in Dungee's care. Ebore stated that,
three (3) three weeks ago, () weeks ago, she observed Dungee with I.D. J.D. on Facebook, something she would do about something she
one one ((l) 1) time per week. week. During During this Facebook observation, Ebore would observe Dungee Dungee hold hold
J.D.. The JD.. The Facebook video was recorded and and not not a feed. Ebore's last live interaction with a live feed.
J.D. was when he was three three (3) months months old. Ebore testified that that she never reached out to to the
Agency to care for Agency to for J.D., I.D., but driectly made but directly requests to made requests to the placement placement providers to care providers to for J.D... care for J.D..
No visits ever occurred No occurred and Ebore Ebore only made one one ((l) 1) attempt attempt to contact contact the Chambers family. family.
Ebore indicated that she is "disabled" and and "cannot do do a a lot" only able to hold J.D. JD. for a "limited
time." In response to questions from the Court, Ebore indicated that her husband is not not "able
bodied" and bodied" and she has a a caregiver, Toi Burgess, her her daughter. daughter. In response response to additional
questions, Ebore indicated that that Dungee was not subject subject to a a PFA when he be was living living in her home
and also was not not subject to to federal drug charges at the time. On cross-examination by by the GAL,
Ebore clarified that the federal federal drug charges were filed against against Dungee Dungee "way before" he lived in
her home. her home.
7) Carly 7) Carly Sonafelt-Cuseard- Sonafelt-Cseard- Case Case Aid for Washington Washinatan Conaty County CY'S CYS
Carly Carly Sonafelt-Cuseard, Case Aid Sonafelt-Cuseard, Case Aid for for the the Agency, Agency, provided provided testimony testimony beginning beginning with with her her
history of providing services to to Dungee in June or July July of 2021. Sonalfelt-Cuseard indicated that
she supervised visits for Dungee and J.D. and found the visits appropriate. appropriate. She indicated that
Dungee always checks J.D.'s diaper and feeds and plays plays with the the Minor Child. Sonafelt-Cuseard
indicated that indicated that Dungee is to calm is able to calm J.D. I.D. down and and pays appropriate appropriate attention to the Child. She to the
xs Cross reference with page 25 herein in description of domestic 'Cross domestic violence incident in the presence presence of of Toi Burgess. Burgess.
Page 24 of 48 • also testified that that Dungee provides provides birthday and and Christmas Christmas gifts gifts and and clothes, toys toys and and trucks trucks for
the the Minor Child Child for special "special events." Sonafelt-Cuseard observed that Father Father is up-to-date up-to-date on the
Minor Child's medicals and Minor and has watched watched him bim maintain regular regular contact with with the Chambers.
Overall, Sonafelt-Cuseard Overall, Sonafelt-Cuseard testified that she has observed testified that observed no problems problems during the visits during the visits
between Dungee and and J.D. J.D. and has observed video bas observed video calls between Dungee and Kylea Dungee and Kylea during during visits.
On cross-examination from the On the GAL, Sonafelt Cuseard testified Sonafelt-Cuseard testified that that Dungee started bringing Dungee started bringing
supplies to the visit with with JD. J.D. one one (1) (I) or two two (2) ago and (2) months ago previously Jaime Chambers, and previously Chambers,
foster foster mother, mother, provided all supplies. Sonafelt-Cuseard also testified that the video calls calls with with
Kylea have only happened happened more recently. recently.
8) Se 8) Sears DuWe Dungee
Sean Dungee, Father, provided testimony on his own behalf. After providing providing some basic
information, Dungee began to to address his present living conditions and and his his response response and with the Dependency compliance with Dependency Case Court Dungee testified that Court ordered services. Dungee that he he lives
alone in alone in aatwo two (2) bedroom home Q2) bedroom home with with room room for J.D. The for ID. The Agency Agency has deemed Dungee's has deemed home Dungee's home
appropriate with no concerns as of August August 2022. Dungee indicated that he is aware of his Court
ordered services, including the ordered the requirement for random random drug drug and and alcohol testing. testing. Dungee Dungee indicated that indicated he works that he works Monday through Friday Monday through Friday from from seven (7) am seven (7) until three am until three () (3) pm daily sb pm daily.
Dungee indicated that that his his work schedule has created difficulty difficulty in his engagement engagement with the
random tests. Previously, Dungee attempted to leave work early early and his supervisor supervisor said, said, "that
wouldn't be advised" indicated that he advised." Dungee also indicated he had had difficulty with testing testing when he lived
with grandmother because with his grandmother he had because he had limited limited transportation transportation after wrecking his after wrecking his car. car. Once Dungee Dungee
zs Dungee testified that he works with Universal Electric, a Dungee a job he he has bas held since sinoe November 2021.
Page 25 of 48 • obtained a car, he began a new car, providing began testing again. Nevertheless, Dungee acknowledged providing
Caseworker Eisengart Eisengart with aamultitude of reasons for failing failing to consistently test. to consistently test.
Dungee also addressedd aapositive test also addres test for cannabinoids cannabinoids and methadone indicating that, he indicating that,
only became aware of the the results results during during the Court hearing. bearing. Dungee challenged these findings Dungee challenged findings
indicating indicating that, he doesn't do drugs. drugs. Dungee Dungee requested requested aare-test re-test in August and in August and learned in Court
that the results were deemed aafalse false positive for methadone. methadone. Since Since that time, time, Dungee has has
requested aachange from from oral to urine tests. tests.
he began Dungee testified that he began drug drug and and alcohol treatment treatment in in January January and/or February February of
2022. Initially, he he was was unable unable to find aaprovider provider due due to evaluations evaluations suggesting no need suggesting no need for
treatment. The additional treatment. The recommendations for no further treatment treatment were provided despite despite the
fact that he was on bond facing federal drug charges. Dungee also encountered problems problems with
his insurance. Dungee indicated that Caseworker Eisengart Eisengart referred him to and he to AAR and
eventually early 2022 eventually treated with AAR in early 2022.
Testimony next Testimony next turned turned to to Dungee's Dungee's mental mental health treatment treatment history. history. Dungee Dungee testified that that
he currently has no medication prescribed for his mental health. In 2019, he was evaluated at at
Southwestern Pennsylvania Southwester Pennsylvania Human Services (SPHS) Human Services CARE Center and (SPHS) CARE and received aaprescription prescription
for for buprenorphine anxiety. Dungee treated buprenorphine for anxiety. treated with the CARE with the CARE Center Center for for aaperiod period and and then then left. left.
Per Dungee's testimony, in 2021, he returned to the CARE Center, Center, however however "they "they could not
accommodate his hours." Caseworker Eisengart eventually helped Dungee find aanew provider provider
Associates (CCA) with Christian Counseling Associates (CCA) and Dungee began working with Katherine began working Katherine Davis
for mental health therapy. therapy. According to Dungee, the main focus of his treatment treatment with Davis Davis
anxiety with was anxiety with panic panic attacks.
Page 26 of 48 Dungee indicated that in April 2021 he April of 2021 he obtained housing he bas housing and he has had had no further
issues with issues with housing. Dungee also also testified that he completed completed batterer's intervention counseling counseling
with with Kate Kate Vozar in December of 2021 2021.2' He continued by by summarizing summarizing that he has maintained
housing and bousing and aajob, has not not been in in trouble, doesn't doesn't do drugs and attends drugs and attends mental mental health
counseling. Dungee testified testified that he failed one one (1) test from (D) test the federal from the federal government government in in
September of 2021 with cannabinoids. Re-stating Re-stating that he doesn't do drugs, Dungee Dungee testified that he uses no marijuana presently presently and only uses aavape vape pen. pen.
In further illustration of his efforts to comply with Court ordered services, services, Dungee Dungee testified that he did parenting education with two two (2) (2) people and finished this service
successfully and first of all requirements. also indicated that he signed requirements. He also signed all requested requested releases, releases,
with with the the exception of CCA and and Katherine Davis, who who was requesting $50 for each release. requesting $50
Dungee indicated that he missed his older son's prom prom in order order to visit with with J.D. and rarely JD. and rarely missed aavisit.
Dungee testified that he is and would sing, is an entertainer and dance and sing, dance and listen listen to to music with with
J.D. He would provide J.D. JD. .D. with with gifts for holidays and and his birthday and he rotates birthday and rotates purchasing purchasing
shoes for for all five five (5) of his children. children. Dungee continued that he also purchases purchases snacks, including including
hoagies, bananas and PBJ for J.D., I.D., noting that J.D. "likes to eat." Indicating Indicating that he saw Jaime
Chambers give and raisins, Dungee testified that J.D. give J.D. applesauce and I.D. doesn't doesn't like juice, juice, only only
water. water. Dungee acknowledged that he didn't always bring bring snacks noting that, that, "Jamie used to do
that." it, we were cool like that." he had pretty Dungee testified that be pretty bad communication with the
Agency and Agency and so he would would talk to Jaime and and Carly the case aid, aid, more than Paige Paige Eisengart. Eisengart.
However, more recently, Dungee indicates improved Eisengart. improved communication with Ms. Eisengart.
Record establishes that batterer's Record barterer's intervention counseling was completed on January was completed January 2A, 2022. 24, 2022
Page 27 of 48 ' ' Dungee Dungee indicates indicates that he he has had no contact with no contact with Angela Angela Dungee Dungee (Minor Child's mother) (Minor Child's mother)
since December of 2021. Stating, "the judge said action speaks speaks louder than words, so IIwent to louder than
work." Dungee Dungee testified that that problems problems with Angela Angela Dungee Dungee were that "she was that "she never was immature, never
wanted wanted to be in the house and and was not not family oriented." He family oriented." stated that He stated that he he "did everything he he
could to help her with to help J.D." with I.D."
When asked When asked about about his pending pending federal federal sentencing, Dungee indicated that he is scheduled indicated that
for sentencing sentencing on on October 4, 2022 on on the the charge of of Conspiracy to Distribute aaLarge Amount of of
While he could Cocaine. While could be sentenced thirty thirty (30) (30) to thirty-seven (37) to thirty-seven (37) months, he may also
and he believes that he will receive the receive house arrest and the minimum sentence. Dungee Dungee noted noted
that he that is confident he is confident that he has that he has followed all the rules followed all regulations of rules and regulations of his pre-sentence release. pre-sentence release.
Dungee testified that he Dungee testified he "had "had no problem" with Jim and Jaime, the the fosterparents J.D., fosterparents for I.D.,
until CYS was involved. Dungee Dungee testified testified that all other children all of his other children see one another, but but J.D.
has has no contact with any of them and and is not not seeing his side of the the family. Dungee stated, "Jim and
Jaime Jaime aren't on their own, he has family aren't on family on on this side." "Idon't side." "I don't need need them to regulate therm to regulate me me with with
my child, the federal offense happened before J.D. I.D. was born." bom." Dungee indicated that he bas has aa
great relationship with J.D., calling the child bossy great "bossy and laughing." spend laughing." He would like to spend
more more time with J.D., saying saying that that the Minor Child's Child's relationship with his family is "non- his paternal family "non-
existent at this existent at this time." Dungee continued time." Dungee continued by stating that by stating that he didn't have have a a father and and he he wanted wanted to
know dad wasn't know why his dad wasn't around, around, "it affects affects me to to this day because things were different for me
than other than other children." children." Dungee stated, stated, because "because my dad dad wasn't there makes makes me be different different wit with
my son. IIknow how how to make the music and to make and [J.D.] keeps going and [ID.]keeps and dances." Dungee indicated indicated
that he has even created a that a song for his his son called, called, "Tribe of JD.," J.D.," where he expresses that he expresses that he will
Page 28 of 48 "never go back on his son and will will be fighting for his be fighting his son." Dungee indicates that the song is
because he can't change his past past but can do his best from this point point on. on. 26
On cross-examination from the Agency solicitor, Dungee Dungee acknowledged acknowledged that he is
diagnosed with mood disorder and and bi-polar and has a a problem problem with drinking alcohol." alcohol. 29 Dungee Dungee
also indicated that his pre-trial services also services require him to engage with mental health for panic panic
attacks. 30 Dungee also acknowledged attacks." J.D. is in good acknowledged that JD. good care.
On cross-examination from the GAL, Dungee admitted that he previously focused on his
marriage more than than on his son, but now recognizes that but now that his his son comes before everything. everything.
Dungee acknowledged that he hasn't gone to to the hospital hospital for J.D. and hasn't gone J.D. and gone to J.D.'s JD.'s
doctor's appointments. doctor's appointments. However, Dungee indicated However, Dungee indicated that that he he would would talk to Jaime talk to Jaime to to get get
J.D.'s medical information. In addition, Dungee information about .D.'s Dungee indicated that he he "offered to
go" to to the emergency hospital visit for J.D., felt he I.D., but felt he "didn't need to leave work when one of
them was already there." When asked about the effect on J.D. of being removed from Jim and
Jaime, Jaime, his long-term placement, his long-term placement, Dungee Dungee stated stated that, "he will that, "he will have have to adjust... he to adjust.., be is young... he is young.. he
able to will be able to adjust." Dungee completed his testimony testimony indicating indicating that he he just just wants wants J.D. JD. to to
a relationship with all sides of have a family. ofhis family,
ze This Court looked for any statement of Father that pis that he he wished wished for reunification with with his son or wished wished to care for tor his son and and found none, none. Dungee's testimony regarding his wishes testimony regarding wishes focuses on spending focuses on "spending more time tine with with his son" on" and having having his bis son spend more time time and get get to know know his his side of the family. family. See also, also, evaluation of Dr. Crabtree Crabtree of June 23,2022, 23, 2022, wherein it is is stated, It "It was during conversation with Mr. Dungee that even if he wes implied during be is not the primary primary physical physical custodian, custodian, he he would like toto have some sore time time with his son so that his son could continue to develop develop a relationship with with him his and and get get to know his extended family." family." While While not not determinative of the the outcome, this this Court Court found the the absence of aamore direct request for reunification curious. curious " Dungee testified to these issues as present "Dungee present issues, not areas alleviated and/or control. an/or under control Consistent with the purpose for which Dungee, by his own testimony, sought Consistent 30 sought treatment from Katherine Katherine Davis. Devis.
Page 29 of 48 9) Ge Grace Capone. Capone, Clinical Clinical Supervisor, Supervisor. Southwestern Southwestern Pennsylvania Pennsylvania umen Human Services Services (SPHS) (SP HS)
Grace Capone, Mental Health Clinical Supervisor at at SPHS provided testimony indicating indicating
that she performed Dungee's discharge and and reviewed his file in preparation for the the hearing.
Capone's testimony was difficult at at times to to follow, however she she testified testified that Father has has a a
history with SPHS dating with SP'HS dating back to 2018 and he has treated for has treated for both drug and both drug and alcohol and mental
health. During his health. During his first first engagement with SPHS, attended ten SPHS, Dungee attended ten ((I0) 10) mental health sessions mental health sessions
and and one one ((I) 1) drug and and alcohol session and and then "disengaged." Dungee then "disengaged." Dungee was discharged discharged after
attending mental health sessions in April 2019 due to non-attendance and the office's inability inability to
reach reach him. him. Dungee Dungee was was discharged from from drug and alcohol drug and alcohol treatment treatment after SPHS determined after SPHS determined that that
he did not he did not need need the the service, service, however the 2018 however the 2018 engagement was resultant resultant of of a a CYS CYS referral with referral with
commend«on or wear aeon ens the original recommendation of weekly mental health and ad ddrug and shot alcohol sessions. sons. In September 2019, Dungee was again again referred to to SPHS fror from adult probation. probation. During During
the the 2019 referral, Dungee was 2019 referral, was consistent consistent for over thirty (30) (30) mental mental health sessions, sessions, where where he
continued until continued until November of 2021, November of 2021, when when he was discharged he was discharged for non-attendance paired with for non-attendance with his his
failure to contact his therapist. Dungee's prognosis prognosis was poor at that poor at that time.
In January of 2022, Dungee was again referred to to SPHS for mental mental health and drug drug and and
alcohol services. alcohol services. This This referral referral was was from from CYS and pre-trial CYS and probation. Dungee pre-trial probation. Dungee failed failed to to regularly regularly and consistently attend services, only attending Dunge was later discharged attending the intake session. Dunge discharged
for non-attendance. February of 2022 was when the the SPHS center center had had its last contact with
Father.
Capone indicated that Father had had aageneralized generalized anxiety anxiety disorder diagnosis but disorder diagnosis but SPHS had
no documentation of no documentation of any any medication. medication. Capone Capone testified testified that Father has no Father has history of drug no history drug use on use on
record. record. Father self-reported any drug issues or concerns. In addition to to the anxiety, anxiety, Capone Capone
Page Page 30 of 48 • indicated has aahistory of Agoraphobia and indicated that Dungee bas and Major Depressive Disorder, Disorder, both both
diagnosed in 2019 by a diagnosed a SPHS psychiatrist when he returned psychiatrist when retumed to care.
10) Jodi 10) Jodi Lynn Axe, Lynn Axe, AAR AAR supervisor supervisor
provided testimony regarding Jodi Lynn Axe of AAR, provided Dungee's treatment. regarding Dungee's treatment. Although Although Axe
did not personally did not personally treat treat Dungee, she served Dungee, she served as as the supervisor for the supervisor for his therapist, Haley his former therapist, Haley
Axe now Stroop. Axe now serves as Custodian Custodian of the the Records of Father's Case Notes and testified testified in place place of Stroop of due to Stroop Stroop due Stroop leaving leaving the Group.
Axe testified testified that Dumgee Dungee began treatment with AAR on February February 7, 7, 2022. He arrived
based on a a self-referral for drug and and alcohol treatment services. He was in outpatient outpatient therapy therapy
that involved both group and individual sessions. Axe testified that testified that Dungee was "very Dungee was "very
compliant" and attended all sessions, missing only one one ((I), 1), that that was promptly rescheduled rescheduled.
AAR requires urinalysis screening for urinalysis screening for an an extensive extensive list of substances, list of substances, including: including: alcohol, alcohol,
metabolites, opiates, heroin, metabolites, opiates, methadone, fentanyl, heroin, methadone, fentanyl, cocaine, cocaine, K2, K2, spice, spice, vivitrol, and vivitrol, and
methamphetamine. This weekly weekly testing is is unannounced unannounced and performed every time aaclient performed every client
presents presents for services. Dungee participated participated in this this testing testing which was collected by by AAR and sent sent
to Quest Diagnostics for analysis aoalysis and results. All tests taken by by Father were negative except for negative except
the initial test. tests."31 test. There were no concerns with Father's tests
31 The drug tests are done in "re in aadouble locked bathroom bathroom after removing jackets jackets and anything in their their pockets pockets in an empty room. The samples are tested room Tbe$apples tested to see if there re are any alteration and Father's samples were never Father'seaples problematic. problematic
Page of 48 Page 31 of • 11) ID) Jamie Chambers. Maternal Jamie Chambers, Step-grandmother and kinship Maternal Step-grandmother kinship caregiver caregiver
Jamie Jamie Chambers testified that that Father only asked Father only asked to to attend a a single doctor's visit. Chambers single doctor's
testified that, that, at at that time, she told that time, told Father not not to to aadoctor's appointment to come to appointment because there there
was a a limit on the number of people who who can attend a adoctor's appointment appointment at any any time.
Chambers Chambers testified to to observing visits visits between Father and I.D., J.D., in her home when when J.D. was
two (2) approximately two (2) or three three (3) months months old. Father would hold the child for aalittle bit and
then hand then band the child to to Angela, Angela, Minor Child's mother. Minor Child's
Chambers testified Chambers that she testified that she intends intends for for J.D. I.D. to to keep in contact keep in contact with Father,32 and with Father," and stated stated
that generally, that generally, she does not have any issues with Father, Father, but but that she has bas been been fearful of of him him
when he fought with Child's Mother. In a a final note, Chambers acknowledged acknowledged that, that, although although
sometimes the improper size, Dungee did provide gifts for provide gifts for J.D.
Review Review of Relevant Relevant Legal Leal Standards and Aunlication Applicatioa to Present Case Caye te Rrssnt "In a "In proceeding to a proceeding to involuntarily terminate parental involuntarily terminate parental rights, the burden of rights, the of proof proof is is upon upon
the party the party seeking termination to to establish by by clear and and convincing evidence the existence of
grounds grounds for for doing doing so." In Irere N.W., N. W., 859 A.2d A.2d 501, 506 (Pa. 501, 506 Super. 2004). (Pa. Super. 2004). The The standard standard of of
clear and convincing evidence is defined as "testimony clear and "testimony that is so clear, that is clear, direct, direct, weighty weighty and and
convincing as to to enable enable the trier trier of fact to come fact to to a come to a clear conviction without hesitance of of
the the truth of the truth of the precise precise facts in issue." In in issue." In Re C.MS., 832 Re CMS, 832 A. 2d 457, A.2d 457, 461-642 461-642 (Pa. Super. (Pa. Super.
2003). 2003)
The focus of a a termination termination proceeding proceeding is the the conduct of the parents parents with with "adequate adequate
consideration" being given to the needs needs and and welfare of the child. Id. ld. at 508. Further, under Further, under
n Chambers also testified Chamber that Paternal Grear testified that Great Grandmother was offered an an opportunity opportunity to to visit with with J.D. ID. but she declined declined. No other members of Dungee's filyfamily have contacted the Chambers about visiting visiting with J.D.. JD.
Page 32 0f of 48 the Adoption and Safe Families Act, Act, "when aachild is placed placed in foster care, after after reasonable
efforts have efforts been made have been made to establish the to establish the biological biological relationship, the needs relationship, the welfare of needs and welfare of
the the child require CYS and and foster care institutions foster care institutions to work work toward termination of toward termination of parental parental
rights, placing the child with adoptive rights, parents. It is contemplated adoptive parents. process realistically contemplated this process realistically
should be completed within within 18 months." Ire In re B.L.L., 787A.2d B.LL, 787 1007,1016 (Pa A.2d 1007,1016 (Pa. Super. 200I), 2001),
citing 42 U.S.C. citing U.8.C. §671, (Emphasis added). $671, et seq. (Emphasis added).
Termination of Termination of parental parental rights rights is aabifurcated bifurcated analysis. analysis. First, First, analysis made under analysis is made under
Section 2511(a) to Section 2511(a) to determine determine if the parents' if the parents' conduct conduct merits merits termination termination of of parental rights. parental rights.
The Court need only agree agree with any one subsection of of §$ 2511(a), 2511(a), in addition to to $§ 2511(), 2511(b), in in
order to order to grant the termination grant the of parental termination of parental rights. In re BL.W., rights. Ire B.L. W., 843 A. 2d 380, 843 4.2d 384 (Pa 380, 384 (Pa Super. Super. 2004) 2004) (en bane). (en banc). If If the the analysis of Section Section (a) leads to (a) leads to an affirmative response, response, the court the court
must then make make an analysis under under Section 2511(b), aadetermination of the needs and and
welfare of the the child, under the standard standard of interests, where one major of best interests, major inquiry is the inquiry is the
bond bond between parent and child between the parent child and and the effect of of severing severing any any bond. bond. In re Adoption of Adoption of
C.D.R., I1IA3d C.D.R, 111 A.3d 1212 1212 (Pa. 2015). Absent a (Pa Super. 20159). showing by a showing convincing evidence by clear and convincing
that that aaparent's rights should be terminated, no such termination may may occur. In re Adoption Adoption
of ofMA. R, 591 A. MA.R, 2d 1133 A.2d 1133 (Pa. (a. Super. 1991). 1991)
In the instant case, the instant case, the the Agency filed filed aaPetition Petition for Termination Termination of of Parental Parental Rights under Rights under
23 Pa. C.S.A. 23 P. C.S.A. §$ 2511(a)(1), 2511(a)(1), (a)(2), (a)2), (a)(5), (a)(8), and (a)05), (a)(8), and $§ 2511(b). 251160)
Section 2511(a) 25116a) Under Under §{ 2511(a)(1), 2511(a(1), termination of parental parental rights rights may be granted may be granted when a "parent "parent by by
conduct continuing for aaperiod of at least six months immediately immediately preceding the filing filing of the
Page of 48 Page 33 of petition either either has has evidenced a purpose of relinquishing a settled purpose relinquishing parental to aachild, parental claim to child, or has bas
refused or failed to perform parental parental duties.
In the the present present matter, the the Petition for Involuntary Termination of of Parental Parental Rights Rights was
filed by Accordingly, the relevant time period by the Agency on February 1, 2022. Accordingly, period for evaluation is
August through January 31, 2022. August 2021 through 2022. During this time frame there During this there were two two (2) (2) permanency permanency
review hearings on August 17, 2021 and December 14, 202I. August 17 2021. At the August 17 th hearing, Father hearing,
was found to have minimal compliance with the permanency permanency plan plan and and no progress progress in alleviating alleviating
the circumstances which necessitated the original placement. Visitation remained supervised supervised at
intervals of of once per week for two two (2) (2) hours bours in duration. The order specifically The order provides specifically provides
"permission to "permission expand after to expand after Mr. Mr. Dungee participates in Dungee participates in three three consecutive consecutive visits." visits." See
Permanency Review Hearing Order of ofAugust August 17, 2021, attached in CYS collective exhibit S. In in CS
addition, Dungee was ordered to the following: following:
• Complete drug and alcohol testing at the drug and the Washington County County Drug Drug Testing Testing Center, Center, twice monthly through through random selection or or upon upon aareasonable reasonable suspicion suspicion of intoxication or impairment. impairment. • Complete drug • Complete drug and alcohol treatment and alcohol treatment through through an an appropriate appropriate provider provider and and follow follow all recommendations. recommendations • Follow the recommendations of Dr. Crabtree, Crabtree, Licensed Psychologist, evaluation dated May May 26, 2021. • Complete intensive mental treatment through mental health treatment through an appropriate provider an appropriate provider and and follow all recommendations. • Obtain and • Obtain and maintain safe and maintain safe stable housing. and stable housing. • Sign all releases requested by the Agency. • Attend Attend parenting parenting education. • Complete counseling through Complete domestic-violence counseling through an appropriate provider and appropriate provider and follow all recommendations.
Id.
At the At the December 14, 2021, December 14, 2021, permanency permanency review hearing, Father review hearing, Father is is again found to again found to have have
minimal compliance compliance with with the the permanency plan plan and and no no progress toward alleviating progress toward alleviating the
Page 34 of 49 48 circumstances which necessitated the original original placement. placement. See Permanency Review Hearing
Order of December 14, 2021, attached in CYS collective Exhibit S. The Order specifically 5. The specifically
notes notes that that Father Father has attended attended visitation and and obtained housing, housing, but has has not shown for drug drug and and
alcohol screenings or mental health treatment. health treatment as Id, Id. With the the Minor Minor Child in placement eleven in placement
(11) months, Father had (II) failed to engage in services first ordered at the initial adjudication bad failed adjudication in
January of2021. of 2021. Of specific note, exhibits admitted at the time of the hearing hearing show that SPHS
had closed Father's case for had for his failure to to engage in mental mental health health treatment, with the treatment, with the last last date date of
service being service being August August 2021. 2021. An additional exhibit An additional exhibit established established that that Father failed to Father failed to appear for appear for random drug screenings random drug screenings between June of 2021 202l and the time of and the of the hearing. A the bearing. A further exhibit exhibit
provided provided that both Mother and Father Father were charged charged on July July 20, 20, 2021with Criminal 2021with Indirect Criminal
Contempt for violation of aaProtection from Abuse Order. Contempt for Order. Id. Visitation remained the 34 Id, the same, same,
but but concerns were noted noted with Dungee and Chambers encountering at visits encountering one another at and a visits and a
specific directive was included in the Order, prohibiting prohibiting both parties from remaining remaining in the vicinity of the the visit visit ten ten (10) (10) minutes before and/or and/or after the the visits. visits. Id. Notably, domestic Id. Notably,
violence violence and the impact impact of domestic violence of domestic on Dungee's violence on ability to Dungee's ability to parent parent being being aapreeminent preeminent
issue at the time of shelter shelter and adjudication. adjudication
The The secondary and emerging emerging issues in the infancy of the Dependency the infancy Dependency case, case, including including
shelter and shelter and adjudication, adjudication, involved involved parental parental substance and mental substance abuse and mental health to health issues. Pursuant to
the TPR testimony of Grace Capone, in November 2021, Dungee was discharged the discharged from SPHS
mental health services for non-attendance and failure to contact his therapist. therapist. The Tbe record also
establishes that in the same time frame, concerns with parental parental substance abuse remained
33 Record establishes that Father had Record not completed bad also not completed batterer's intervention counseling counseling as of the hearing hearing date. date. Testimony Testimony and records establish establish that this was completed on January January 24, 24, 2022. 2022 Dungee's Indirect Criminal Contempt Charge was Dungee's 34 was ultimately ultimately withdrawn by the Washington by the County Office of the Washington County District Attorney with notation that Victim Victim (Angela (Angela Dungee) Dungee) failed filed to appear. appear.
Page 35 of 48 49 • unaddressed and this this was further further illustrated by Father's illustrated by inconsistency with random Father's inconsistency testing, random testing,
failure to failure participate in drug to participate and alcohol drug and alcohol treatment treatment as ordered ordered and failure to to resolve bis his
outstanding federal drug outstanding federal drug charges. charges.
history, this Court is tasked with determining Considering this history, Dungee's conduct determining whether Dungee's
"evidenced aasettled purpose of relinquishing relinquishing parental claims" or or if he failed and/or and/or refused to
perform parental duties in this time frame. frame. 3s
Despite Despite failing failing to be be fully fully compliant and/or consistent, Father did and/or consistent, did attend visits, visits, did did
complete some services, services, albeit lacking in regularity, and did regularity, and did make efforts efforts to attend hearings hearings for for
the Dependency matter. matter. Accordingly, it is is this this Court's Court's opinion opinion that, while while Dungee Dungee was was far from
fully compliant and and even farther farther from from advancing progress with alleviating the circumstances
leading leading to to placement, placement, in a a light light most most favorable favorable to Father, Father, in the the six six (6) months immediately (6) months immediately
preceding the the petition the filing of the petition he he did did not not evidence evidence a a settled purpose purpose of of relinquishing relinquishing parental parental
claims. Consequentially, this this Court does not demonstrated a not find that Father demonstrated asettled of settled purpose of
relinquishing relinquishing parental rights. parental rights.
This Court must next consider if Father failed or refined must next parental duties. refused to perform parental
While difficult to While admittedly difficult to define precisely, Pennsylvania Pennsylvania Courts have found that "parental found that
duty is duty best understood is best understood in relation to to the needs of aachild." child." Ire In re KZS. 946 A.2d 753,759 753,759 (Pa
Super. Super. 2008), citing: In Irere B., N.M, N.M., 856 A.2d A. 2d 847 847 (Pa. Super. 2004).
There is There is no no simple or easy simple or easy definition definition of of parental duties. Parental parental duties. Parental duty duty is best is best understood in relation to the needs of aachild. child. AA child needs love, protection, guidance, and support. guidance, and support. These needs, physical physical and and emotional, cannot cannot be met met by by aa merely merely passive interest in the development of the child. Thus, this court the development court has has held held
see See Ire 33 In re CM$, C.M.S., 832 A.2d A2d 457,462 457,462 (Pa. Super. 200.3), (a Super. Marter of 2003), quoting Matter ofAdoption Adoption of Charles ED.M, F-D.M.,11, I, 708 A.2d 88,91 (Pa. 1998), stating 88,9(Pa stating "Section 25I 2511 does not not require require that the parent that the demonstrate both A parent demonstrate asettled settled purpose purpose of relinquishing parental claim to aachild and refusal or failure to perform parental duties. Accordingly, perfornr parental Accordingly, parental rights rights may terminated prant may be terminated pursuant to Section Section 2511(a)(1) 211(a(/) if the parent either demonstrates parent either demonstrates a settled purpose of a settled of relinquishing relinquishing parental claim to to a child or a child or fails to to perform perform parental duties."
Page 36 of of 48 •
that that the the parental obligation is parental obligation is aapositive duty which positive duty which requires requires affirmative affirmative performance. performance.
A must utilize all available resources to A parent must to preserve the parental relationship, and must exercise reasonable firmness in resisting must exercise reasonable firmness in obstacles placed resisting obstacles placed in in the path of the path of maintaining the maintaining the parent-child parent-child relationship. relationship. Parental rights are Parental rights are not by not preserved preserved by waiting waiting for for amore suitable a.more or to one time 's.parental suitable or convenient convenient time to perform perform one's parental responsibilities while responsibilities emotional needs. needs. • others while othersprovide provide the the child with child with his his or or her her physical and pbusical and emotional Id. ld. There is no question There question that that Father loves J.D., what must be be evaluated is whether whether he
performed parental parental duties duties to support support the needs needs of of JD., J.D., most importantly considering most importantly considering the mental, mental,
physical physical and emotional needs of the Minor Child. The record is void the Minor void of support support for this this finding finding
and only establishes establishes that Father took negligible steps steps in the care of his son. Father allowed allowed
others to others to provide provide for his Child's for his Child's basic basic needs, needs, while while he provided excuses for provided excuses for his his non-performance, non-performance,
and inconsistent and/or absent and designed to support absent compliance with services designed support his ability ability to
reunify. reunify. Testimony Testimony and evidence evidence supports arecord that paints supports a paints aapicture picture of Father Father failing to to
attend Child's medical appointments appointments and failing to attend Father' Court ordered services with
commitment and commitment and regularity, all all being being explained through aamultitude multitude of excuses by of excuses Father. by Father.
Dungee failed in providing the very basic of support, acknowledging through his own Dungee even failed own
testimony that only testimony that only two two (2) or three (2) or three (3) before the TPR () months before TPR hearing hearing did did he begin begin bringing bringing
provisions for the Minor Child Child to visits. Prior to visits. Prior to that that time, time, he testified testified that that Jaimie Chambers
provided the supplies for the visits, including snacks and and diapers. Considering that Father
testified that parenting education was parenting education one of was one that he of the first things that completed in the he completed the Court
ordered services, services, these actions should these actions should have initiated by have been initiated by Father Father much earlier." And much earlier." while And while
see report ofJune 23, 2022: See citation ofDr. Crabtree report 36
"Father presents Father with asincere interest in maintaining a presents with his son. On the other band, arelationship with bis hand, it is not clear that he be has enough knowledge about issues related to child development and to specific needs his child has, to be the primary caregiver for the child." primary caregiver child,"
Page 37 of 48 • Father eventually eventually did provide provide visitation provisions provisions for J.D., was only I.D, it was only aamore recent more recent
development development. Father testified 37testified to to his his attention and management of daily affairs being being focused
pretty much everything else, while on pretty while others cared for others cared for the daily daily needs needs of J.D.. I.D.. Dungee resisted
and nd refused consistent and effective participation and utilization of services services designed designed to promote
his ability to reunify, while J.D.'s needs and I.D.'s needs and welfare were attended by others. attended to by others.
As stated As stated by Dr. Crabtree, with by Dr. "aparent facing with "a facing the loss of of aaChild Child the concerns concerns of the the
Agency should Agency be paramount. should be paramount." This This Court does not believe does not that Father believe that Father resisted obstacles to resisted obstacles to the the
parent(child parent/child relationship and and failed to prioritize his failed to his parenting of J.D. ID. Accordingly, Accordingly, this Court
finds that the finds that has established, by the Agency has by clear and convincing convincing evidence, grounds grounds for for termination
under 23 ader 23 Pa. C.S.A. C.S.A. 2511(a)(1). 2511(a)1).
Section 2511(a)(2) 2511(a02)
The Agency The Agency next next asserts grounds for termination asserts grounds termination under under §2511(a)(2). $2511(a)2). Pursuant to
§2511(a)(2), the $2511(a)2), the rights of a a parent parent may may be terminated if the repeated and and continued incapacity, incapacity,
abuse, neglect or refusal of a a parent has caused a a child to be without essential parental care, care,
control or subsistence subsistence necessary for for his his or her her physical physical or or mental mental well-being and the conditions and the conditions
and causes of incapacity, incapacity, abuse, neglect or refusal refusal cannot cannot or will not not be be remedied by by the parent. parent.
This subsection subsection doesn't emphasize aaparent parent refusal or failure to perform duties, to perform duties, but places places the
focus on a focus present and future a child's present future needs for "essential care, care, control or subsistence necessary necessary
see E1 See recitation recitation ofFather's TPR testimony. Dungee continued that Father TPR testimony. Dungee continuedthat he also purchases snacks, including hoagies, he also purchases snacks, including boagies, bananas and PBJ bananas and J.D., noting PBI for I.D., noting that I.D. "J.D, likes to eat." eat." .....acknowledged ~..acknowledged thatthat he he didn't always bring bring snacks... snack. "Jamie were tool Jamie used to do it, we were cool like that."See See also: recitation ofSongfelt-Cuseard testimony: indicating ofSonafelt-Cusead TPR testimony: indicating that that Dungee started bringing Dungee started supplies to bringing spplies to the the visit with J.D. one (() I.D. one 1) or two two (2) months ago. (2) month ago. (Testimony (Testimony provided provided on September September 19, 2022). 19, 2022)
See 23 Pa. See 23 CS.A. $2511(b), Pa CS4. §2511(b). Other Other Considerations- Consideration-....• " With respect "Wik respect to any petitionfiled to any petitionfledpursuant to subsection pursuant to subsection (a)(1),(6) (8), the Court shall not consider any efforts (a)(/),(6) or (8) efirorts by the parent to remedy the parent remedy the conditions described therein thereh which are first Initiated are first initiated subsequent to the subsequent to the giving notlee oftheftling giving ofnotice thefling ofthe petition" the petition."
Page Page 38 of 48 38 of 48 for his physical or mental mental well-being." ln In re re Involuntary lvoluntary Termination Parental Rights Termination ofParental Rights to to
E.A. P., a EA.P., aminor, 944 A.2d A. 2d 79,82 (Pa. Super. 2008). Courts are instructed instructed by by this section to focus focus
on the need need of aachild child for for aastable home and "strong, continuous parental ties" particularly where and "strong,
"disruption of the disruption the family has already occurred and and there there is no reasonable prospect prospect for reuniting reuniting
it." Id. Further, grounds grounds for termination under subsection (a)(2) under subsection (a)Q2) are not not limited to affirmative
misconduct; misconduct; those those grounds may include acts acts of incapacity incapacity to to perform parental duties. Id. parental duties.
quoting In Irere AL.D,, A.L.D., 797A.2d 797 4.2d 326, 337 337 (Pa Super. 2002). (Pa. Super. 2002),
As noted by the Superior Court in Ire In re ZP., 994 A.2d A. 2d 1108, 1117 (Pa. Super. 2010), 117 (Pa.
"while sincere while sincere efforts to perform parental duties can preserve parental parental duties parental rights rights under subsection
(a)(1), those (a)(I), those same efforts may same efforts may be be insufficient insufficient to remedy remedy parental incapacity under parental incapacity under subsection subsection
(a)(2)." Quoting, In re Adoption ofM.J.H., 501 A.2d 648 MJ.H, 50I 648 (1985) (Additional citations omitted). (1985) (Additional omitted).
"Parental rights "Parental are not. rights are not preserved preserved by for a more or by waiting for amore suitable suitable or convenient time convenient time to perform .perform
one's parental one's parental responsibilities while others provide provide the the child with or withhis hisor her her physical and physical emotional needs. needs. " In Irere B, B, N.M., NM, 856 856 A. 2d 847, A.2d 855 (Pa 847, 855 (Pa. Super. Super. 2004). 2004). AA."parent "parent desiring desiring to
retain retain parental parental rights must himself must exert rights evert himself to to tale take and and maintain maintain.aaplace place of of importance in importance in his child's child's his life." fte." In re EA.P., Inre E.A. P., 944 A.2d (Pa Super. 2008), quoting: Adoption of A. 2d 79, 83-84 (Pa ofBaby A, 517 Baby Boy 4,
A. A2d2d 1244,1246 1244,1246 (Pa. 1896). Section 2511(a)(2) does not outline aatime line for performance performance or
evaluation of of performance and accordingly, performance and accordnigly, the the case time time lmie line can can be be evaluated evaluated as as a a whole.
In the the present matter, matter, the Minor Child Child is is twenty-four twenty-four (24) (24) months old and has been months old out of been out
parental care and and in the care of maternal grandparents for twenty-two twenty-two (22) (22) of of those months.
During During this this time, the minor child's child's various various needs were met by his met by his caregivers, caregivers, not his parents. parents.
While Father indicates While Father that "he indicates that "he will will do do anything anything to to maintain contact with maintain contact his child," with his child," the the history history
of bis his compliance and and progress paint paint a a different story. story. While at the While at the time of of the TPR hearing, the TPR hearing,
Page 39 of 48 49 •
Father had completed aafew Court ordered Father services, and ordered services, initiated participation and initiated with others, participation with others, by his by his
own testimony, he own he waited waited until the Minor Child was over a a year year old and and developing a a strong, strong,
addressing the lion share of consistent and reliable bond with Maternal Grandparents before addressing
issues bringing bringing in J.D. into care. While Father waited to participate participate in services, succumbed to
barriers for completion and and by by his own testimony, prioritized his marriage marriage and and employment employment over
his relationship with with his child, child, the Minor Child Child was being being cared cared for by by others. As discussed
above, at at the time of the the filing of the Petition for Termination of Parental Rights, unrefuted Rights, it is unrefuted
Dungee failed that Dungee failed to engage in the the most most essential Court ordered services that would have aided
him in progressing through and J.D.'s placement and perhaps alleviating entirely the cause for I.D.'s placement
coming coming into care. Father Father testified testified that his change change in motivation was based on the Court's
statement that, statement "actions speak that, "actions speak louder than than words," words," however however his compliance compliance snd and participation participation was
also conveniently timed in preparation for also for his federal sentencing. sentencing."38 While this this Court cannot cannot state
that his efforts efforts were solely in an effort to curry favor with the pending to cuny pending sentencing sentencing court, court, the
record does does support support aaconclusion that that Father's compliance compliance and periods of and periods of inconsistency inconsistency have aa
similar pattern strikingly similar patter to periods when Father has heightened to periods supervision due to probation heightened supervision probation or
other interventions. Accordingly, Accordingly, in considering whether Father took every necessary to every action necessary to
maintain aaplace of importance importance in the life of J.D., the life I.D., this Court is of the opinion opinion that he did did not.
As may be apparent from the above discussion, this Court is also of the opinion that
Father cannot cannot or will not not remedy remedy the conditions and and causes of incapacity incapacity that have caused J.D J.D. to to
be without be without parental parental care, care, control or subsistence necessary necessary for his physical physical and and mental mental well-being. well-being.
Father's history supports periods of compliance, compliance, followed by by periods periods of non-performance non-perforance and
While photo while 38 photo finishes may be place in marathons and horse races, be common pice noes, photo photo finishes are not compatible compatible with parenting aa child. Achild's child. A child's needs needs and and welfare of cannot cannot be subjected subjected to aalate start, start, standard standard procrastination procrastination and/or and/or casual attention with with reliance reliance on others to serve in the primary capacity of primary capacity of parent. parent.
Page 40 40 of 48 of 48 • • inconsistency. This can be stated as to Father's mental health, substance use, testing testing and
treatment, and domestic violence history. Consequentially, even should the Court deny the
rights, the Court would have no confidence in Agency request for termination of parental rights, in the
finding short term prospects ability to immediately place the Minor Child in the care of Father, finding prospects
for re-unification unlikely. Father is still not in a aposition stable and/or consistent enough for the
Minor Child to be placed in his care." care 39
Evaluated as a awhole, this Court finds that the Agency has established by by clear and
convincing evidence that Dungee's repeated and continued incapacity, neglect and/or refusal to
provide proper parental control for J.D., I.D., (fueled by concerns of domestic violence, substance
abuse and mental health concerns), has caused JD. J.D. to be without essential parental parental care, control
or subsistence necessary for his physical or mental well-being. This Court also finds clear and
convincing evidence that the conditions and causes of incapacity, neglect and/or refusal refimal will not
finds sufficient grounds for termination under be remedied by Dungee. Accordingly, this Court fords
23 Pa. C.S.A. §2511(a)(2). $2511(a)2)
34 Father remains on probation for the federal drug charges. Four father Four (4) year probationary (4) year probationary sentence on October 7,2022. 7, 2022. Father has never Father has progressed to never progressed to unsupervised unsupervised visitation visitation and has failed and bas failed to take advantage to take advantage of additional visits offered additional visits offered by the Agency by Agency and approved approved by by the Court. Father has failed to to participate participate in mental health treatment treatment that specifically addresses the recommendations of Dr. Crabtree and has failed to consistently specifically consistently engage in random testing. testing. In because Father is subjected ln addition, because restrictions sa subjected to restrictions as aresult of of his federal probation, there is no evidence federal probation, evidence to to suggest suggest his his ability to address ability to address the Minor Child's daily needs,eeds, medical medical needs and/or education needs,needs. While While Father presented the the testimony of his hie family frily members members that stepped forward as placement that stepped placement resources, whieh which is is more appropriately an issue issue for the the Dependency Dependency matter, Father provided no derails details on his plan plan to to re-unify re-unify and support support J.D.. Father indicated JD.. indicated that that he be would like to spend spend more time with J.D. and further I.D. and further indicated that that he he wanted J.D. 4e wanted J,D, to know low "his side of his side the firily" of the family" but but set forth no set forth no plan of execution. By plan of By his own testimony, his own testimony, Father Father indicated that that Jaime Jaime Chambers, until until recently, recently, provided provided for all of the Minor Miaor Child's needs. Cid' eds.
Additionally, during during this this Court's Count's deliberation deliberation on the IPR TPR request, request, another another permanency permanency review hearing hearing was ws conducted in this matter conducted matter finding that Dungee had minimal finding that minimal compliance compliance and progress. The and no progress. specifically The Order also specifically notes that Father notes that Father has not maintained has not maintained sobriety and has sobriety and bas not engaged in not engaged in mental mental health bealth treatment treatment as as recommended recommended by by Dr. Crabtree. Permanency Review Hearing ofDecember 12, L2 2022. contained in tbe 1022. While information contained the hearing bearing cannot cannot be relied upon as definitive of this Court's finding in the TPR, it is persuasive persuasive evidence that supports this that supports this Court's theory of Father's present J.D. as saresult of inconsistency present inability to care for I.D. services, inconsistency with Court ordered services, provided to aid Fether Father in steps to independent independent reunification with I.D, J.D.
Page 41 of 48 •
Section 25116 2511(a)(5) a0.2) Pursuant to to Section 2511(a)(5), termination of parental parental rights rights may be granted when, be granted when, "The
child has been removed from the care of the parent by the court count or under aavoluntary voluntary agreement agreement
with with an agency for aaperiod of at at least least six six months, the the conditions which led led to to the removal removal or
placement of the placement of continue to the child continue to exist, exist, the parent cannot or parent cannot or will not remedy those not remedy those conditions conditions
within aareasonable period period of time, time, the services or assistance reasonably the services reasonably available to to the the parent parent
are not likely to remedy the conditions conditions which led led to to the removal or placement of the within the child within
a a reasonable period and termination of the period of time and the parental rights rights would best serve the needs and and
welfare of of the child."
As discussed discussed more thoroughly above, I.D. J.D. has been out out of of parental parental care in excess of six
to the removal or placement (6) months. The conditions leading to placement of the tbe Child, Child, domestic violence, violence,
unstable housing, concerns with substance abuse, mental mental health and the inability provide safe inability to provide
and stable parenting for J.D. I.D. have not not all been remedied and and resolved. As previously previously discussed
in this Court's evaluation under Section 2511(a)Q2), in 2511(a)(2), the Court also finds that Father cannot cannot or
will will not remedy remedy those conditions within aareasonable period of time. To Mr. Dungee's credit, his Dungee's credit, his
was not completely uninvolved uninvolved and and following following filing filing of the petition, he began the TPR petition, began to to participate participate
and complete Court ordered services. (albeit his own time as opposed (albeit on bis opposed to a a time frame that
may have accelerated his his ability to to care for J.D.). Dr. Crabtree for JD.). Crabtree testified it it would would have been
possible for Father to have taken steps steps to reunify reunify with the child in three three (3) (3) months, months, which is
supported supported by the fact facet that that Father Father did engage in many many services services immediately prior to immediately prior to and/or after
the filing of the TPR petition. Father waited to engagement and/or was inconsistent to initiate his engagement
when when he began to resulting in an to engage, resulting an inability of the Court to gauge gauge his progress progress in
alleviating circumstances. This was amplified by by his inconsistency and and lack of compliance compliance with with
Page 42 of 48 •
services and and his his failure failure to demonstrate that to demonstrate that the the services were assisting services were with Agency assisting with Agency concerns. concerns.
Nevertheless, Nevertheless, having having found sufficient grounds grounds for terminating parental rights pursuant to to
§2511(a)(1) and $2511(a)(1) and (a)(2), elects to make no further (a)2), this Court elects further analysis of the Agency request request under
§2511(a)(5). $2511()(5).
Section 25116a/2) 251 l(a)(8)
Subsection 2511(a)(8) 2511(a(8) states that the the termination of parental rights rights may be granted when, when,
"The has been The child has been removed from the the care of the the parent by by the court court or under a s voluntary
agreement with agreement with an agency, 12 I2 months or more have elapsed elapsed from the date date of removal or
placement, placement, the conditions which the conditions led to the which led removal or the removal or placement of the placement of child continue the child continue to exist exist
and termination of parental rights and rights would would best serve the the needs and welfare needs and welfare of the child." child."
In the the present matter, matter, although although the Agency filed aapetition petition for the the termination of
parental parental rights a a mere twelve twelve ((L2) 12) months following the Child's placement, at the time of the
TPR hearing, the the Minor Child was in in placement in eighteen ((I8) in excess of eighteen 18) months.
Furthermore, as discussed in detail above, this Court finds that the conditions which led to to the
removal or placement of the child child continue to exist to the present date. Therefore, this Court Court
is left consider whether termination left to consider termination of of Dungee's Dungee's parental rights rights best serves the best serves the needs needs and
welfare welfare of of J.D., I.D., to to which which this Court also this Court also answers answers in in the the affirmative. affirmative.
It is this It this Court's finding that Court's finding that terminating Father's parental terminating Father's best serves parental rights best needs serves the needs
and welfare of J.D. I.D. Father acknowledges that that the Minor Child is well cared for by Foster
Parents and acknowledges that that Foster Parents take take care of J.D.'s ID.'s daily needs. needs. Father has
never been tasked with been tasked with providing for J.D.'s daily needs and has providing for has not had independent custody
Page Page 43 of 48 • • of the of the Minor Child since Minor Child since he he was was approximately approximately two and one two and one half half (2 %a) months (2 %) old.40 At months old. At the the
time of the filing of the filing of the TPR hearing, hearing, Father had bad failed for for nearly two two (2) (2) years to to resolve the the
problems leading to the Minor Child's placement problems placement in care and evidence suggests that that he would
be unlikely unlikely to to correct such such issues in in aareasonable time period to J.D.'s return to allow for JD.'s return to his
care. This Court finds care. finds that that it it would not not serve the Child's serve the Child's needs and welfare to to place his his life
on hold for additional additional time for Father to establish that that he is in in aastable place place and possessing possessing
ability to care for the ability for the Minor Child's daily Minor Child's daily physical, mental, emotional physical, mental, and educational emotional and educational
needs.
While it is recognized that Father has had more substantial compliance, there that Father there has not
been a a dramatic shift in in the finding finding of progress in alleviating the in alleviating the circumstances resulting resulting in
removal. removal. Additionally, most of the most of the significant areas of of Father's Father's compliance compliance occurred after after the the
filing of the Petition for TPR. As previously cited, cited, in subsection of 2511(), 251 l(b), the the statute statute
specifically provides, in part, specifically "with respect part, "with respect to any any petition petition filed pursuant to subsection (a)(1),(6) to subsection (a)(1),(6)
or (8), or (8), the the court court shall shall not consider consider any any efforts by the efforts by the parent to remedy parent to remedy the conditions described the conditions
therein which which are first initiated subsequent subsequent to the the giving of notice of of notice of the filing filing of the petition. petition. 23
Pa. C.S.A. 2511(b). Pa CS.A. 2511(6). Termination under Section 251 2511(a)(8) 1(a)(8) does not not require an evaluation of
[a parent's] willingness or parent's] willingness ability to remedy or ability conditions that remedy the conditions that led led to to placement placement of her of her
children." In children." In re re Adoption of C.JP., Adoption of C.J.P., 114 114 A.3d A. 3d 104, 104, 1050 (Pa. Super, 1050 (Pa. Super. 2015), 2015), citing citing In In re re
Adoption ofJUS., 901 A.2d 502, ofRI.S, 502, 511 (Pa. Super. 5I(Pa. Super. 2006). 2006). Our Courts Courts have said, said, "we recognize
that the that the application application of of Section Section (a)(8) may seem (a(8) may seem harsh when when the the parent has begun to has begun to make make
progress toward toward resolving the problems that resolving the that had to removal of had led to of her her children. By allowing children. By for allowing for
Father's primary pher's 40 custodianship was primary custodianship was done done with with assistance of the assistance of the biological Mother, Angela biological Mother, Chambers. There Angela Chambers. was There was no no testimony testir ony suggesting Father bas suggesting Father has ever exercised parental ever exercised parental duties duties alone and without alone and without the the assistance assistance of another of another person, person, whether that be whether that be biological biological Mother,a Mother, acase aid, another case aid, another relative relative or or aaparenting parenting coach. coach.
Page 44 44 of of 49 48 a • e • termination when the conditions that led to that led to removal of the to exist after a the child continue to a year, year, the the
statute implicitly recognizes that aachild's life life cannot cannot be held in abeyance be held abeyance while the parent parent is
unable to perform the actions necessary to assume parenting responsibilities. This Court cannot
and will not and not subordinate subordinate indefinitely aachild's need for for permanency and stability permanency and stability to to a a parent's parent's
and hope for the claims of progress and the future. Indeed, Indeed, we we work under statutory and and case law law that
only aashort contemplates only short period time, to period of time, to wit, wit, eighteen eighteen (18) (18) months, in which which to to complete complete the
process of either reunification or adoption for aachild who who has has been placed placed in foster care. In re
Adoption of Adoption CL.G., 95 A2 of C.LG., A. 2d 999, 1005 1005 (Pa. Super 2008), trial court 2008,), quoting trial court opinion. opinion
This Court finds that the Agency This Agency has has established by and convincing evidence the by clear and
three (3) three (3) elements required by 2511(a)(8). by Section 2511(a(8).
Having Having found the Agency has and convincing has established clear and grounds for termination convincing grounds
of parental rights under Section 2511(a)(), 251 l(a)(1), (a)(2) and (a)(8), (a)2) and (a)(8), this Court must now turn turn to the
second requirement of the Adoption Act. Act.
2511(b) Section 2511£b) In the second In second vein vein of inquiry in a of inquiry atermination petition, the termination petition, the Court must must evaluate if the if the
Agency has has sustained its burden under 2511(b). This subsection requires that "the court its burden court in
terminating the rights of a parent [to] give primary consideration to the developmental, physical a parent
and emotional and emotional needs and welfare the child." welfare of tbe child." Section 2511(a) requires requires a a focus focus on on the parent the parent
when when terminating parental rights, but §$ 2511(b) 2511(b) requires requires a a focus on the child. child. In I re Adoption of CL. G., 956 A.2d CL.G,956 A.2d 999, 1008 1008 (Pa. (PA. Super. 2008) (en banc). Section (en Section 2511(b) 2511(b) has has been interpreted interpreted as as
aa best "best interests" and and "bond" analysis. analysis. The The Court should consider the "importance "importance of continuity continuity
Page Page 45 of 48 • 0
of relationships of relationships to because severing to the child, because close parental severing close ties is usually parental ties usually extremely extremely
painful ... the court painful...the consider whether court must consider whether aanatural parental bond exists between parental bond child and between child and parent parent
and whether whether termination would destroy destroy an existing, necessary and beneficial relationship." In beneficial relationship."
the Interest ofKZS. the Interest K.ZS. 946 A.2d A. 2d 753 (a. (Pa. Sper. Super. 2008).
"Section 251 Section 251 l(b) not explicitly I(b) does not explicitly require require a abonding analysis analysis and the term term 'bond' 'bond'
is not defined in in the Adoption Act. Case law, however, provides provides that analysis ofthe analysis of the emotional
bond, if any, bond, any, between between parent and child child is afactor is a factor to be considered" as be considered" as part part of our analysis. of our analysis. In
re K K R. -S, 958 A2d reK.K.R-S, A. 2d 529, 533 (PaSuper.2008). 'While parent's (Pa Super.2008). "While emotional bond with his or aparent's emotional
her child is aamajor aspect aspect of the the subsection 2511(b) best-interest analysis, it it is nonetheless
only one of many factors factors to to be by the be considered by the court court when determining determining what what is in the best is in best
child.""In interest of the child. re MAR,, In re N.A.M, 33 AM 95, 103 A.3d 95, 103 (Pa.Super.2011) (Pa.Super.2011) (citing KKR - S, 958 (citing KKR-S, 958
AM at A2d at 533-36) 533-36).
"Mn [Ila addition to to aabond examination, the trial court can equally emphasize the trial court the safety safety
needs needs of child, and of the child, and should also consider should also consider the the intangibles, such as intangibles, such as the the love, comfort, love, comfort,
security, and stability security, stability the child child might might have with the foster parent. the foster parent. Additionally, Additionally, this Court
stated that stated that the the trial trial court court should should consider consider the importance of the importance of continuity continuity of of relationships and and
whether any existing parent- child bond be severed bond can be severed without detrimental effects on the
child." child."
Id ld (quoting In (quoting I re AS., AS, 11 AM 473, 483 1A.3d (Pa.Super.2010)); see also In re T.D., 949A.2d 483 (PaSuper.2010)); 949 A.2d 910,
( 920-23 (Pa.Super.2008), appeal denied, PaSuper.2008), appeal denied 601 Pa. Pa, 684, 970 A.2d 1148 1148 (2009) (affirming (affirming the
termination of parental rights where where "obvious "obvious emotional ties exist exist between T.D. and and Parents,
but Parents are either unwilling or unable to satisfy the irreducible minimum requirements of but
Page 46 of 48 49 • parenthood," and where preserving and where preserving Parents' rights would Parents' rights would prevent T.D. T.D. from being adopted from being adopted and and
attaining permanency). In re Adoption of attaining C.J.P., 114A.3d of C.JP., 114 A.3d 104, 104, 1050 1050 (Pa. (Pa. Super. 2015). Super. 2015)
While Wile recognizing J.D. has recognizing that I.D. has aabond with with Dungee, Dungee, Dr. Dr. Crabtree's Crabtree's testified that that the the
primary bond of the minor child is with his caregivers, Maternal Matera! Grandfather and and Step- Step-
Grandmother. Crabtree accredited accredited Maternal Grandfather with helping Father foster his bond
with J.D.. I.D.. In fact, Crabtree premised aarecommendation recommendation for increased visitation visitation between
Dungee and Dungee J.D. on and I.D, on the increase increase not impacting the Minor Child's bond not negatively impacting bond with his
caregivers. Crabtree testified, with his testified, consistent with his bonding report, there bonding analysis report, "there is is a a bond
J.D. and his maternal between I.D. maternal grandparents grandparents and there there is a a bond between between J.D. J.D. and his father.....
this evaluator concludes that the child would not suffer if the bond between the child and father
maternal grandparents. were to be severed and the child continued to live with his maternal grandparents. Additionally, Additionally,
and most importantly, Crabtree opined that the Minor Child would suffer no psychological psychological harm
if termination of parental rights rights was granted as to Father, but bur that it would be deleterious be "deleterious to the
Child" ChR47' to him from to separate him bis Grandparents. from his Grandparents. In fiirther further support support of his position, position, Crabtree
testified that: that: "the "the Minor Minor Child has has a secure bond a secure bond [with [with Grandparents] that should Grandparents] that should not not be be
disturbed; "Father as primary caregiver is not in the best disturbed; best interest of the child;" and Minor Child's
"best interests are best served if he is in the continuous care of the Grandparents." Grandparents." Father did
not not refute the conclusions of Crabtree and and Father's testimony supports the the conclusions voiced by by
the expert. the expert.
on the above, the Based on the Court finds finds that the Agency Agency has established through through clear and and
convincing evidence the the elements of 23 Pa. of23 PA. C.S.A. C.S.A. $§ 2511(b). 2511(b).
This Court This Court having found that that the the Agency Agency has established the has established requirements of23 the requirements of 23 Pa. Pa.
C.S.A. §2511(a)(1), CS.A. §2511(a)(2), $§ 2511(a)(8) 52511(a1), $2511(a)02), and §2511(b) 2511(a)8) and $2511(b) of the Adoption Adoption Act, by clear and Aet, by
Page 47 of 48 Page • Ir
• convincing evidence, it is convincing is hereby hereby ORDERED, ADJUDGED, and DECREED, that the parental and DECREED, parental
rights tights of Sean Dungee, Dungee, II to minor child Judah Jacorey Dungee are hereby Jacorey Dungee hereby TERMINATED
forever. forever
The The parental parental rights rights of Sean Dungee, II being hereby legal and hereby terminated, legal physical and physical
custody of the Minor Child, Judah Dungee Dungee shall remain with Washington County Children and Washington County
Youth Social Services and the Agency may proceed with adoption adoption.
B T. COUR /
FILED
JAN 10 203 JAN10 2023 JAMES ROM". UGIMR OF WILY.S
Page Page 48 0f of 48
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