Adoption of: M.S Appeal of: T.B.

CourtSuperior Court of Pennsylvania
DecidedFebruary 8, 2024
Docket863 WDA 2023
StatusUnpublished

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

Bluebook
Adoption of: M.S Appeal of: T.B., (Pa. Ct. App. 2024).

Opinion

J-S46033-23

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

ADOPTION OF: M.S., A MINOR : IN THE SUPERIOR COURT OF : PENNSYLVANIA : APPEAL OF: T.B., MOTHER : : : : : : No. 863 WDA 2023

Appeal from the Decree Entered June 30, 2023 In the Court of Common Pleas of Bedford County Orphans’ Court at No(s): 20 AD 2021

BEFORE: DUBOW, J., MURRAY, J., and SULLIVAN, J.

MEMORANDUM BY SULLIVAN, J.: FILED: February 8, 2024

T.B. (“Mother”) appeals from the decree granting the petition filed by

foster mother (“H.F.W.”) to involuntarily terminate Mother’s parental rights to

M.S. (“Child”), born in July 2015. We affirm.

The relevant facts and procedural history are as follows. In July 2021,

H.F.W., who has raised Child from the time she was one year old, filed a

motion to terminate Mother’s parental rights. At the hearing on H.F.W.’s

petition in June 2023, Mother appeared pro se.1 H.F.W. testified Child’s aunt

(“Aunt”), whom she knew from work, took custody of Child when Child was

____________________________________________

1 The Orphans’ Court determined that it saw no conflict with the guardian ad

litem (“GAL”) also serving as Child’s legal counsel. Mother stated that she had no objection, and the court permitted the dual representation. See N.T., 6/23/23, at 5-8. J-S46033-23

six months old. See id. at 13.2 When Aunt wanted to have her own child,

H.F.W. assumed physical custody of Child after helping raise her for

approximately six months. See id. at 12-16, 35.3 H.F.W. sought and was

granted primary legal and physical custody of Child with Mother receiving

visitation rights. See id. at 36.

H.F.W. testified she learned, when Child was two years old, Mother

wanted to see her. H.F.W. told Mother she would prefer the meeting to occur

as part of Child’s counseling because Child had rarely seen Mother and did not

know she had “another Mother.” Id. at 32-33.4 H.F.W. testified Mother

sporadically visited Child while monitored by Aunt until the Child was three

years old. See id. at 16-17. H.F.W. testified Mother progressed to

unsupervised visits but had frequent scheduling problems and did not seem

to be interested in seeing Child. H.F.W. testified the court ceased the visits

after Mother failed drug tests and entered rehabilitation. See id. at 38-41,

47, 56.5 H.F.W. testified Mother last saw Child on New Year’s Day, 2020,

2 Mother’s addiction to heroin prevented her from raising Child. See N.T., 6/23/23, at 62.

3 At the time, H.F.W. and M.S.’s father were romantically involved. See N.T., 6/23/23, at 29-31.

4 Child had begun seeing a counselor having been traumatized upon seeing a

photograph of Mother pregnant with her. See id. at 34.

5 H.F.W. testified that when Mother had an unsupervised visit with Child and

her other daughter, the children found Mother asleep on the couch. See N.T., 6/23/23, at 40-41.

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before she moved to Erie, having failed to take advantage of H.F.W.’s offers

to make Child available for visits on a dozen previous occasions. See id. at

53. Mother and Child had their last phone call in December 2020. See id. at

20.6 Child sees Aunt a few times each year and has regular contact with her

half-sister, Mother’s child from another relationship. See id. at 40, 42-44.

H.F.W. testified she owns her home in Osterberg, Pennsylvania, where

she lives with her fiancé, his three Children, and Child, and has worked for six

years in the family hardware store. See N.T., 6/23/23, at 11-12. At the time

of the termination hearing, Child was preparing to enter the third grade and

had lived with H.F.W. for seven and one-half years. See id. at 13.

Child has learning difficulties that are treated with medication. At the

time of the hearing, her grades had improved as the result of an individualized

educational plan (“IEP”), and regular doctors’ appointments to which H.F.W.

takes her. See id. at 17-19. Child engages in a series of extracurricular

activities including cheerleading, softball, and church youth group. See id. at

20-21. H.F.W. pays for all of Child’s activities and expenses and attends to

all her daily needs; Mother has not offered any financial assistance, offered to

perform parental duties for Child, or kept her promise to send Child gifts, and

moved from the Osterberg area to Erie, Pennsylvania, a significant distance

away. See id. at 21-22, 27, 39-40, 52, 57, 114. Child has close relationships

6 H.F.W. testified Mother texted her in July 2021 asking to speak to Child but

H.F.W. refused to permit the call. See N.T., 6/23/23, at 59.

-3- J-S46033-23

with H.F.W.’s parents, whom she regards as grandparents, H.F.W.’s extended

family, and H.F.W.’s fiancé’s youngest son. See id. at 23-24, 49. Child

continues to receive counseling to help address her learning difficulties. See

id. at 44-46. Child has never expressed a desire to see Mother. See id. at

46-47, 51.7 H.F.W. testified she believes adoption is in Child’s best interests.

See id. at 52.

Mother’s mother, “T.W.” testified Mother’s heroin use and Aunt’s

pregnancy led them and Mother to seek H.F.W.’s help caring for Child because

H.F.W. was dating Weist’s son. T.W. stated H.F.W. has prevented her from

seeing Child. See id. at 64. T.W. testified that Mother is now fit to be a

mother to Child because she had two jobs, a wife, and a home, and has not

used drugs for three years. See id. at 68. T.W. also stated she tried to

contact an attorney in August 2021 to seek visitation rights for herself. See

id. at 70.

Mother stated H.F.W. has kept her from contact with Child and told her

she would be taken from the property if she tried to see her. Mother testified

she wants to be in Child’s life, has a business, and is married. See id. at 77-

80. Mother stated she never filed a petition for custody in the nearly four

years since the court granted her visits with Child and has no explanation for

not doing so. See id. at 82-83, 97. She also testified she had no contact

with Child when she moved to Erie. See id. at 97. ____________________________________________

7 Child’s biological father has consented to the termination of his parental rights. See N.T., 6/23/23, at 51.

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After hearing argument from both parties and the GAL, who advocated

for termination, the Orphans’ Court articulated its basis for finding the

evidence satisfied 23 Pa.C.S.A. § 2511(a)(1), and (b), and granted the

involuntary termination petition. See id. at 102-17.8

Mother filed a timely, counseled notice of appeal and later filed a

statement pursuant to Pa.R.A.P. 1925(b).9 The Orphans’ Court wrote a Rule

1925(a) opinion.

On appeal, Mother raises the following issue for our review:

Whether the trial erred/abused its discretion in determining [H.F.W.] had established a legal basis for terminating [T.B.’s] parental rights pursuant to 23 Pa.C.S.A. § 2511(a)(1), as the court failed to give appropriate weight to [H.F.W.’s] efforts to thwart the mother-daughter relationship, and as such the court’s finding is not supported by the record.

Mother’s Brief at 5 (capitalization and spacing standardized).

8 During her testimony, Mother asserted the presiding judge represented her

as counsel at a prior dependency hearing. See N.T., 6/23/23, at 84-85. Although the judge had “zero recollection” of representing Mother, see id.

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