Adoption of: K.T., Appeal of: K.T.

Superior Court of Pennsylvania·Decided April 1, 2020·No. 1531 MDA 2019·Unpublished

Opinion

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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

IN RE: ADOPTION OF: K.T., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA :

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APPEAL OF: K.T., MOTHER : No. 1531 MDA 2019

Appeal from the Decree Entered August 26, 2019 in the Court of Common Pleas of Cumberland County Orphans' Court at No(s): 127 ADOPTIONS 2018, CP-21-DP-0000118-2017

IN THE INTEREST OF: K.T., A MINOR : IN THE SUPERIOR COURT OF : PENNSYLVANIA :

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APPEAL OF: K.T., MOTHER : No. 1533 MDA 2019

Appeal from the Order Entered August 29, 2019 in the Court of Common Pleas of Cumberland County Juvenile Division at No(s): CP-21-DP-0000118-2017

BEFORE: SHOGAN, J., KUNSELMAN, J., and MUSMANNO, J. MEMORANDUM BY MUSMANNO, J.: FILED APRIL 01, 2020 K.T. (“Mother”) appeals from the Decree and Order granting the Petitions filed by Cumberland County Office of Children and Youth Services (“CYS”), involuntarily terminating Mother’s parental rights to her minor male child, K.T. (“Child”), born in July 2016, pursuant to the Adoption Act, 23 Pa.C.S.A. § 2511(a)(1), (2), (8), and (b), and changing Child’s permanency

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goal to adoption pursuant to the Juvenile Act, 42 Pa.C.S.A. § 6351.1 We affirm.

In its Opinion, the trial court set forth the factual background and procedural history of this appeal, which we adopt herein. See Trial Court Opinion, 11/14/19, at 1-5.

On October 2, 2018, CYS filed the Petition to change Child’s permanency goal to adoption, and, on July 23, 2019, CYS filed the Petition to terminate the parental rights of Mother to Child.2 The trial court held an evidentiary hearing on the Petitions on August 23, 2019, at which Mother, Mother’s counsel, Father’s counsel, Child’s legal counsel, and the GAL were present. On August 26, 2019, and August 29, 2019, the trial court entered the termination Decree and goal change Order, respectively. On September 23, 2019, Mother timely filed Notices of Appeal, along with Concise Statements of errors complained of on appeal, pursuant to Pa.R.A.P. 1925(a)(2)(i) and (b), which this Court consolidated, sua sponte, on November 26, 2019.

In her brief, Mother raises five issues:

1 On August 23, 2019, the trial court also entered a Decree voluntarily terminating the parental rights of Child’s father, C.S. (“Father”), pursuant to the Adoption Act, 23 Pa.C.S.A. § 2504. Father was incarcerated at the time of the hearing and did not attend the hearing, although he was provided notice of the hearing. Father has not filed a brief in the instant appeal, nor has he filed any appeal from the termination and/or goal change Orders.

2 The trial court appointed Attorney Marylou Matas to represent Child as guardian ad litem (“GAL”) and Attorney Fawn Kehler as legal counsel for Child.

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1. Did the [t]rial [c]ourt abuse its discretion and commit [an] error of law when it found, despite a lack of clear and convincing evidence, that sufficient grounds existed for a termination of Mother’s parental rights to [C]hild, thus contravening Section 2511(a) of the Adoption Act, [23] Pa.C.S.A § 2511(a)[?]

2. Did the [t]rial [c]ourt abuse its discretion and commit an error [of] law in terminating Mother’s parental rights[,] when Mother had met or was meeting all her permanency plan goals and the conditions which led to [C]hild’s removal or placement no longer existed or were substantially eliminated, thus contravening Section 2511(a) and (b) of the Adoption Act, [23] Pa.C.S.A.

§ 2511(a), (b).

3. Did the [t]rial [c]ourt abuse its discretion and commit an error of law in determining the best interests of [Child] would be served by changing the goal to adoption and terminating parental rights when Mother was ready, willing and able to parent [Child] and provide for his needs thus contravening Section 6351(f) of the Juvenile Act, [23] Pa.C.S.A. § 6351(f) and Section 2511(b) of the Adoption Act, [23] Pa.C.S.A. § 2511(b)[?]

4. Did the [t]rial [c]ourt abuse its discretion and commit an error of law when it found, despite a lack of clear and convincing evidence, that [C]hild’s permanent placement goal of reunification with Mother was neither appropriate nor feasible, and ordered a goal change to adoption, thus contravening Section 6351(f) of the Juvenile Act, [23] Pa.C.S.A. § 6351(f)[?]

5. Did the [t]rial [c]ourt abuse its discretion and commit an error of law in changing the goal to adoption when the conditions which [led] to the removal or placement of [Child] no longer existed or were substantially eliminated, thus contravening Section 6351(f)

of the Juvenile Act, [23] Pa.C.S.A. § 6351(f)[?]

Mother’s Brief at 4-5 (issues reordered).

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In Mother’s first three issues,3 she argues that the trial court erred and abused its discretion in granting CYS’s Petitions for involuntary termination because CYS failed to prove that the requirements of 23 Pa.C.S.A. § 2511(a)(1), (2), (8), and (b) were satisfied. See Mother’s Brief at 11-21. Mother contends that the trial court failed to properly assess her performance towards her permanency plan goals, her willingness and ability to safely parent Child, and her elimination of the conditions that led to the removal and placement of Child. Id. at 15-21. Under Section 2511(b), Mother asserts that the trial court failed to properly assess the best interests of Child and the bond between her and Child, and the effect of severing that bond. Id.

The standard of review in termination of parental rights cases requires appellate courts to accept the findings of fact and credibility determinations of the trial court if they are supported by the record. If the factual findings are supported, appellate courts review to determine if the trial court made an error of law or abused its discretion. A decision may be reversed for an abuse of discretion only upon demonstration of manifest unreasonableness, partiality, prejudice, bias, or ill-will. The trial court’s decision, however, should not be reversed merely because the record would support a different result. We have previously emphasized our deference to trial courts that often have first-hand observations of the parties spanning multiple hearings.

In re T.S.M., 71 A.3d 251, 267 (Pa. 2013) (citations, quotation marks and brackets omitted). “The trial court is free to believe all, part, or none of the evidence presented and is likewise free to make all credibility determinations

and resolve conflicts in the evidence.” In re M.G. & J.G., 855 A.2d 68, 73-

3Mother’s third claim raises Section 6351 of the Juvenile Act and Section 2511 of the Adoption Act. We will address Section 6351 of the Juvenile Act with our discussion of Mother’s fourth and fifth claims.

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74 (Pa. Super. 2004) (citation omitted). “[I]f competent evidence supports the trial court’s findings, we will affirm even if the record could also support the opposite result.” In re Adoption of T.B.B., 835 A.2d 387, 394 (Pa. Super. 2003) (citation omitted).

The termination of parental rights is governed by 23 Pa.C.S.A. § 2511, and requires a bifurcated analysis:

Initially, the focus is on the conduct of the parent. The party seeking termination must prove by clear and convincing evidence that the parent’s conduct satisfies the statutory grounds for termination delineated in Section 2511(a). Only if the court determines that the parent’s conduct warrants termination of his or her parental rights does the court engage in the second part of the analysis pursuant to Section 2511(b): determination of the needs and welfare of the child under the standard of best interests of the child. One major aspect of the needs and welfare analysis concerns the nature and status of the emotional bond between parent and child, with close attention paid to the effect on the child of permanently severing any such bond.

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Adoption of: K.T., Appeal of: K.T., (Pa. Ct. App. 2020).

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