J-S16002-25
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
IN RE: ADOPTION OF: K.G., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : :
APPEAL OF: S.L., MOTHER :
: : : : No. 1849 MDA 2024
Appeal from the Decree Entered November 26, 2024 In the Court of Common Pleas of Cumberland County Orphans' Court at No(s): 45-ADOPT-2024
IN RE: ADOPTION OF: B.R., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : :
APPEAL OF: S.L., MOTHER :
: : : : No. 1850 MDA 2024
Appeal from the Decree Entered November 26, 2024 In the Court of Common Pleas of Cumberland County Orphans' Court at No(s): 046-ADOPT-2024
BEFORE: LAZARUS, P.J., BOWES, J., and LANE, J.
MEMORANDUM BY LAZARUS, P.J.: FILED: AUGUST 21, 2025
S.L. (Mother) appeals from the decrees, entered in the Court of Common
Pleas of Cumberland County, Orphans’ Court Division, involuntarily
terminating her parental rights to her children,1 K.G. (born 05/2019) and B.R.
____________________________________________
1 Mother’s parental rights to two of her three other children have previously
been terminated in a separate, unrelated action.
J-S16002-25
(born 09/2023) (collectively, Children).2 Counsel has filed a motion to
withdraw and an accompanying Anders3 brief. After careful review, we affirm
the involuntary termination of S.L.’s parental rights4 based on the opinion
authored by the Honorable Carrie E. Hyams and grant counsel’s motion to
withdraw.
In May 2020, Cumberland County Children and Youth Services (CYS)
received a general protective services (GPS) report for K.G., who was one year
old at the time, regarding Mother’s homelessness, mental health issues, drug
and alcohol concerns, and concerns regarding her ability to supervise her
children. The report alleged that Mother was not properly supervising K.G.,
who was crawling around on the balcony of a hotel room. In the summer of
2020, CYS received an additional GPS report alleging domestic violence
____________________________________________
2 On January 14, 2025, our Court sua sponte consolidated these appeals at
1849 MDA 2024 and 1850 MDA 2024 because they involve related parties and issues. See Pa.R.A.P. 513.
3 Anders v. California, 386 U.S. 738 (1967). See also Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009); In re V.E., 611 A.2d 1267, 1275 (Pa. Super. 1992) (extending Anders to appeals from decrees of involuntary termination of parental rights); In re S.M.B., 856 A.2d 1235, 1237 (Pa. Super. 2004) (explaining that the Anders procedure for withdrawal of court-appointed counsel has been extended to appeals involving termination of parental rights).
4 At the November 26, 2024 proceeding where Mother’s rights to K.G. were
involuntarily terminated, T.G., K.G.’s presumptive legal father, voluntarily consented to K.G.’s adoption. See N.T. Termination Hearing, 11/26/24, at 7- 10. J.H., K.G.’s biological father, did not appear at the hearing, but his prior consent to K.G.’s adoption was confirmed. See id. at 10-13. B.R.’s father’s parental rights were also involuntary terminated at the November 26, 2024 proceeding. None of Children’s fathers are involved in this appeal.
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between Mother and her then-paramour, as well as concerns for Mother’s
mental health and substance abuse.
K.G. was adjudicated dependent on January 14, 2021. CYS set forth
the following family service plan objectives for Mother: (1) obtain and
maintain stable housing; (2) attend all medical/dental appoints for K.G.; (3)
complete a mental health evaluation and follow through with any/all
recommendations; (4) complete a parenting evaluation and follow through
with any/all recommendations; and (5) visit with K.G. at Alternative Behavior
Consultants (ABC) on a regular basis. See Service Plan, 1/12/21. Mother
was also providing drug screens as part of her services. See Service Plan,
6/15/21.
On July 7, 2021, the court held a permanency review hearing where it
determined Mother had moderately complied with the permanency plan but
noted that, during visitation sessions, she repeatedly demonstrated a lack of
appropriate supervision, which it considered relevant in light of the initial
reason for the family’s referral, and missed four random drug screens. At a
permanency review hearing held on January 20, 2022, the court noted that
there had been a recent domestic violence incident between Mother and her
then-paramour, J.R., and also noted Mother’s failure to participate in drug
screening without a reasonable explanation.
On August 16, 2022, the court returned physical and legal custody of
K.G. to Mother. Prior to hearing in August of 2023, Mother lost her housing
and moved into a shelter with K.G. B.R. was born in September of 2023 and
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tested positive for marijuana at birth. As a result, B.R. was transferred to
UPMC Harrisburg due to her specialized medical needs. The hospital was
unable to discharge B.R. to Mother because Mother’s plan was to have B.R.
live with her and eight other individuals in a two-bedroom apartment. At the
time, B.R. was considered medically needy and fed through a tube. On
January 2, 2024, CYS obtained a verbal order granting CYS physical and legal
custody to B.R. and for B.R. to be placed in foster care. B.R. was discharged
from the hospital on January 5, 2024, and she has been residing with the
same foster family since then.
At a permanency review hearing on January 31, 2024, the court ordered
that K.G. be placed in the legal and physical custody of CYS and be placed in
an emergency kinship home. The court noted that Mother had not secured
stable and appropriate housing since being asked to leave the shelter where
she had been residing since the fall of 2023. The court also found that Mother
had not been forthcoming with CYS regarding her housing situation and would
not sign the releases necessary for CYS to obtain information regarding her
residence.
On November 7, 2024, CYS filed petitions for the involuntary
termination of Mother’s parental rights to Children on the basis of sections
2511(a)(1), (2), (5), and (b) of the Adoption Act. 5 On November 26, 2024,
the court held a termination hearing. At the hearing, Korin Hays, previously
____________________________________________
5 23 Pa.C.S.A. §§ 2101-2938.
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a caseworker for CYS, testified that she took over Children’s dependency case
in February of 2024. She stated that, when she took over the case, “there
was a big push for reunification” with Mother and Children. N.T. Termination
Hearing, 11/26/24, at 73. Hays testified she learned that Mother had been
arrested for retail theft the weekend of March 29, 2024, while Children were
staying with her for an overnight weekend visit. While Mother was detained,
Children were left without proper supervision. CYS ended Mother’s
unsupervised visitation following her arrest.
Hays testified that Mother did not have consistent employment from
February of 2024, when Hays began working with the family until October 17,
2024, when Hays left CYS. During Hays’ tenure, Mother never consistently
attended doctors’ visits for K.G, was inconsistent in participating in weekly
phone calls with K.G., and never achieved the requisite three months stability
to proceed with parenting services through ABC. Hays also testified that B.R.
had returned from unsupervised visits several times with a strong odor of
marijuana and cigarettes on her clothing, on the car seats, and on her person.
Hays said that this concern was discussed with Mother and B.R.’s father, who
denied smoking during unsupervised visitation with B.R. Prior to the end of
Hays’ time working with the family, Mother was also behind on rent and facing
eviction.
When reviewing Mother’s objectives, Hays described Mother’s
cooperation as lacking because of Mother’s consistent lying. Mother was not
consistently meeting Children’s medical, dental, or educational needs, and
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Mother never signed releases for CYS to obtain Mother’s mental health records
in order to assess her progress with counseling.
Prior to addressing the merits of Mother’s appeal, we must determine
whether counsel has complied with the dictates of Anders and its progeny in
his request to withdraw from representation.6 See Commonwealth v.
Goodwin, 928 A.2d 287, 290 (Pa. Super. 2007) (this Court may not review
merit of underlying issues without first examining counsel’s request to
withdraw). Court-appointed counsel seeking to withdraw from representation
on the basis that the appeal is frivolous must:
(1) petition the court for leave to withdraw stating that, after making a conscientious examination of the record, counsel has determined that the appeal would be frivolous; (2) furnish a copy of the [Anders] brief to the [appellant]; and (3) advise the [appellant] that [] she has the right to retain private counsel or raise additional arguments that the [appellant] deems worthy of the court’s attention.
In re B.G.S., 240 A.3d 658, 661 (Pa. Super. 2020) (citation omitted).
Additionally, the Pennsylvania Supreme Court has explained that a
proper Anders brief must:
(1) provide a summary of the procedural history and facts, with citations to the record; (2) refer to anything in the record that counsel believes arguably supports the appeal; (3) set forth counsel’s conclusion that the appeal is frivolous; and (4) state counsel’s reasons for concluding that the appeal is frivolous. Counsel should articulate the relevant facts of record, controlling case law, and/or statutes on point that have led to the conclusion that the appeal is frivolous.
____________________________________________
6 See In re V.E., 611 A.2d 1267 (Pa. Super. 1992) (extending Anders briefing requirements to termination of parental rights appeals involving indigent parents represented by court-appointed counsel).
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Santiago, 978 A.2d 361. Finally, this Court must “conduct an independent
review of the record to discern if there are any additional, non-frivolous issues
overlooked by counsel.” Commonwealth v. Flowers, 113 A.3d 1246, 1250
(Pa. Super. 2015) (footnote omitted).
Here, our review of counsel’s Anders brief and application to withdraw
reveals that counsel has complied with each of the technical requirements of
Anders and Santiago. Counsel states that he has conducted a conscientious
examination of the record, determined that further pursuit of a direct appeal
would be frivolous, and furnished a copy of the letter sent to Mother advising
her of her right to retain new counsel, proceed pro se, or raise issues in
response to the brief.7 See Goodwin, supra. Additionally, counsel’s Anders
brief complies with the requirements of Santiago. Accordingly, we conclude
that counsel has substantially complied with the requirements for withdrawing
from representation and proceed with an independent review of the merits.
See Flowers, supra.
In his Anders brief, counsel raises the following issues for our
consideration:
(1) Whether the [t]rial [c]ourt abused its discretion and committed an error of law when it found that sufficient grounds existed for a termination of [Mother]’s parental rights to [C]hildren, despite a lack of clear and convincing evidence, thus contravening section 2511(a) of the Adoption Act[.]
____________________________________________
7 Mother has not filed a response to counsel’s Anders brief.
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(2) Whether the [t]rial [c]ourt abused its discretion and committed an error of law in terminating [Mother]’s parental rights when the conditions which led to the removal or placement of the children no longer existed or were substantially eliminated, thus contravening [sub]sections 2511(a) and (b) of the Adoption Act[.]
(3) Whether the [t]rial [c]ourt abused its discretion and committed an error of law in determining it would be in the [Children]’s best interest[s] to have parental rights terminated, when [Mother], if given sufficient time, would be ready, willing, and able to parent [Children] and provide for their needs, thus contravening [s]ection 2511(b) of the Adoption Act[.]
Appellant’s Brief, at 4-5.
Our standard of review of this matter is well-settled:
When reviewing an appeal from a decree terminating parental rights, we are limited to determining whether the decision of the trial court is supported by competent evidence. Absent an abuse of discretion, an error of law, or insufficient evidentiary support for the trial court’s decision, the decree must stand. Where a trial court has granted a petition to involuntarily terminate parental rights, this Court must accord the hearing judge’s decision the same deference that we would give to a jury verdict. We must employ a broad, comprehensive review of the record in order to determine whether the trial court’s decision is supported by competent evidence.
In re L.W., 267 A.3d 517, 522 n.4 (Pa. Super. 2021) (citation omitted).
Subsections 2511(a) and (b) of the Adoption Act set forth the grounds a petitioner must prove in order for the court to grant an involuntary termination of parental rights. See 23 Pa.C.S.[A] § 2511. Subsection (a) provides eleven enumerated grounds describing particular conduct of a parent which would warrant involuntary termination . . . If the trial court finds clear and convincing evidence supporting the existence of one of the grounds for termination set forth in [s]ubsection 2511(a), the court must then consider whether termination would best serve “the developmental, physical and emotional needs and welfare of the child” under [s]ubsection 2511(b).
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In re Adoption of C.M., 255 A.3d 343, 359 (Pa. 2021). Under subsection
2511(b), “the child’s ‘emotional needs’ and ‘welfare’ include ‘intangibles such
as love, comfort, security, and stability.’” In the Int. of K.T., 296 A.3d 1085,
1106 (Pa. 2023) (citation omitted).
“To determine whether the petitioning party has met [its] burden [under
subsection 2511(b)], the court must conduct a[n] analysis focused on the
child.” Id. at 1114 (citation omitted). “The court must not truncate its
analysis and preclude severance based solely on evidence of an ‘adverse’ or
‘detrimental’ impact to the child.” Id. “Therefore, to grant termination when
a parental bond exists, there must be clear and convincing evidence that the
bond is not necessary and beneficial.” Id.8
After a careful review of the record, the briefs on appeal, and the
relevant case law, we conclude that CYS presented clear and convincing
evidence to terminate Mother’s parental rights under subsections 2511(a)(1),
(2), (5), and (b) and, therefore, we find no abuse of discretion. L.W., supra.
We affirm on the basis of the opinion authored by the Honorable Carrie E.
Hyams. See Trial Court Opinion,9 2/12/25, at 7-9 (discussing termination
under subsections 2511(a)(2), (5), and (b)). As noted by the trial court,
____________________________________________
8 We need only agree with the orphans’ court as to any one subsection of [s]ection 2511(a), as well as [s]ection 2511(b), in order to affirm. In re B.L.W., 843 A.2d 380, 384 (Pa. Super. 2004) (en banc).
9 The trial court entered separate opinions for K.G. and B.R. at their respective
dockets. As the opinions are primarily duplicative, we cite to the opinion on K.G.’s docket at 1849 MDA 2024.
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Mother has failed to show a “consistent ability to provide longstanding stable
care for [Children,]” which has resulted in B.R. spending the entirety of her
life in foster care and K.G. spending over two years in foster care across seven
different homes. See id. at 5, 7 (unpaginated). This lack of stability is
exemplified by Mother’s criminal acts while Children were in her care, B.R., a
medically needy child, coming back from unsupervised visits smelling like
marijuana and cigarette smoke, and Mother’s inability to maintain appropriate
housing. Mother’s ongoing instability and lack of progress have demonstrated
her lack of protective capacity and inability to parent Children. See N.T.
Termination Hearing, 11/26/24, at 26-28 (Mother unable to begin parent
education services because she never demonstrated requisite three months of
stability); id. at 29 (Mother’s visitation through ABC terminated because
Mother “had a consistent continuous caustic relationship with the agency and
the providers of service”); id. at 64 (Mother’s goals—housing, employment,
parenting skills, drug and alcohol services—have been the same since K.G.
was adjudicated dependent); id. at 76-77 (Mother’s arrest at Walmart for
retail theft); id. at 95-96 (B.R. coming back from unsupervised visits with “a
very strong odor of marijuana and cigarette smell on her clothing, on the car
seats, and on her person”).
Furthermore, Children are now both stable and doing well physically,
emotionally, and developmentally in their respective foster homes. K.G. has
expressed that he is comfortable in his current foster home and would like to
remain there moving forward. See id. at 50, 52-53. He is bonded to, has
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been making progress with, and feels a part of his foster family. See id. at
100-01, 104. Regarding K.G.’s bond to his Mother, in September of 2024,
K.G. expressed to Shannon Snyder, his counselor, that he no longer wanted
Mother to take part in his counseling sessions and expressed “a lot of worry
and fear following sessions” with Mother. Id. at 51. As for B.R., she has been
with the same foster family since being discharged from the hospital following
birth, has been making good progress medically, and is bonded to her foster
family. See id. at 110-11, 117. Therefore, we agree with the trial court that
termination of Mother’s parental rights is in Children’s best interests. See 23.
Pa.C.S.A. § 2511(b). We instruct the parties to attach a copy of the trial court’s
opinions in the event of further proceedings in this matter.
Decrees affirmed. Motion to withdraw granted. Jurisdiction
relinquished.
Judgment Entered.
Benjamin D. Kohler, Esq. Prothonotary
Date: 08/21/2025
•
08/1 2/202 503:
Circulated 08/12/2025 PkT'
54 PM
03.54
IN RE:
RE: ADOPTION OF B.R., aa minor ADOPTION OF minor IN THE COURT IN THE COURT OF
OF COMMON
COMMON PLEAS OF
PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA
1850 MDA 1850 MDA 2024
2024
No. No. 46 ADOPTION
ADOPTION 2024
DOB: 09/03/2023 DOB: 09/03/2023
IN IN RE:
RE: 1925(a) OPINION
1925(a) OPINION 1
HYAMS A. HYAMS J. 22, 22, January January 2025
2025 ' -
PROCEDURAL PROCEDURAL HISTORY
HISTORY
Mother,S . Mother,S .L L< , timely
timely appeals
appeals the November 26, 2024 the November Order terminating 2024 Order her terminating her
parental parental rights to her rights to her daughter, daughter, B.
B . iR
R (henceforth B.R.), , (henceforth B.R.), entered at 46 entered at 46 ADOPTION
ADOPT1ON
2024. On 2024. On September September ,,2023, 2023, the
the same
same day
day that
that B.R. was bom,
born, Cumberland County Children Cumberland County Children
and Youth and Services (hencefonh Youth Services (henceforth CCCYS), received aa referral CCCYS), received referral that that B.R.’s
B.R.'s cord stat was
cord stat was positive
positive
for cannabinoids due for cannabinoids due to to prenatal
prenatal maternal use, and maternal use, and Mother had admitted Mother had admitted to
to using
using marijuana
marijuana
during her pregnancy, during pregnancy. CCCYS CCCYS was already open
was already open with
with Mother related to
Mother related to two of her older two of older
children and children and had been working had been with Mother working with Mother concerning concerning unstable
unstable housing, school issues housing, school issues and and
parenting concerns. B.R. parenting concerns. remained hospitalized B.R. remained in the hospitalized in the NICU
NCU until early January
until early 2024 due January 2024 due to
to her
her
necrotize-enterocolitis diagnosis, necrotize-enterocolitis diagnosis, which required multiple which required multiple surgeries. The hospital surgeries. The hospital reported reported
concerns related concerns related to to Mother’s inability to
Mother's inability properly trained to be properly trained to address B.R.’s to address medical needs B.R.'s medical and
needs and
the fact the fact that Mother and that Mother and B.R.’s Father 1lived B.R.'s Father' lived in
in aahomeless
homeless shelter.
shelter. As
As aa result
result of
of Mother’s
Mother's
1The parental 'The parental rights rights of B..'s
B.R.’s Father,I.,
Father, J.R., were involuntarily involuntarily terminated by way terminated by way of separate separate order on November November 26,
2024. J.R, did 2024. JR. id not not file
file aa timely
timely appeal
appeal to
to the
the Final Decree terminating Fial Decree terminating his his parental
parental rights to B.R.
rights to B.RR
inability to present inability to present safe and 2 and stable
stable housing
housing for B.R. to
for B.R. reside in
to reside upon hospital in upon hospital discharge, discharge, as
as well
well
as concems as concerns reported reported by
by the
the hospital
hospital related to Mother's related to Mother’s interactions interactions with
with B.R. while in
B.R. while the NICU
in the NICU
and interactions and interactions with with hospital
hospital staff, CCCYS sought staff, CccYs sought aa verbal verbal order
order for emergency protective for emergency protective
custody of custody of B.R.
B.R. on
on January
January 2,
2, 2024
2024 as
as she
she was
was ready
ready for
for discharge. On January discharge. On January 2,
2, 2024,
2024, the
the
undersigned provided undersigned provided CCCYS emergency emergency protective
protective custody of B.R.
custody of for the purposes B.R. for purposes of
of having
having
her placed her in the placed in the Bair Bair Foundation
Foundation foster home of foster home of S.
S .eandT.
andT. . ;WTe Wt . . The undersigned
undersigned
issued aa signed issued Order on signed Order on January 3, 2024 January 3, , but dated 2024,but dated January
January 2,
2, 2024, confirming the verbal 2024, confirming verbal
order provided order provided on on January 2, 2024.
January 2, The shelter 2024. The shelter care
care hearing
hearing was
was held on January
held on January 2,
2, 2024 before
2024 before
the Juvenile the Juvenile Hearing Officer. Following Hearing Officer. Following the the shelter
shelter care
care hearing,
hearing, itit was ordered that was ordered that B.R.
B.R. remain
remain
in in the legal and the legal and physical physical custody
custody of
of CCCYS for continued
CCcYs for placement in continued placement the foster in the foster home.
home. On
On
December December 23, 2023, CCCYS 23, 2023, CCCYS fled filed aa dependency
dependency petition
petition alleging
alleging that B.R. was
that B.R. without proper was without proper
parental care, parental care, control, control, and
and supervision
supervision placing
placing her
her health,
health, safety, and welfare safety, and welfare at
at risk as there
risk as there
were ongoing were ongoing concerns concerns regarding
regarding B.R.'s
B.R.’s Mother and Father
Mother and Father related related to substance use, to substance use,
inappropriate discipline, inappropriate discipline, domestic domestic violence,
violence, homelessness and inadequate homelessness and supervision of inadequate supervision of
children. At children. At the time of the time of the
the shelter care hearing
shelter care on January hearing on January 2,
2, 2024,
2024, B.R.
B.R. remained
remained hospitalized
hospitalized
and her and medical needs her medical needs were were significant,
significant, and
and the
the parents
parents were
were unable
unable to articulate aa verifiable to articulate verifiable plan plan
for B.R. And foe B.R. and meeting meeting her increased medical her increased medical needs needs upon discharge from upon discharge from the
the hospital.
hospital. The verbal
verbal
order for order for emergency emergency protective
protective custody was ratified custody was ratified and
and confirmed
confirmed in
in the
the recommendations of
recommendations of
Hearing Officer Lawrence. Hearing Officer Lawrence.
An adjudicatory An adjudicatory hearing along with hearing along with disposition disposition was
was held on January
held on January 12,
12, 2024
2024 before the
before the
undersigned. Mother and undersigned. Mother and Father Father were unable to
were unable to demonstrate demonstrate that
that they
they had adequate housing had adequate housing that that
would meet would meet B.R. unique unique needs and they
needs and stipulated to they stipulated to dependency.
dependency, Following
Following this
this hearing, it was
hearing, it was
The hospital lfe 2 hospital staff did not approve the shelter not approve sheltersas an appropriate appropriate living
living environment
environment for B.R. due to her significant B.. due significant medical needs medical and the needs ad the specialty specialty care
care she required forthose she required medical needs for those medical needs to to be
be met.
met
determined that determined that B.R.
B.R was
was aa dependent child based upon dependent child clear and upon clear and convincing evidence and she convincing evidence
was to was remain placed to remain in tthe placed in he legal
legal and physical custody and physical custody of CCCYS in of CCCYS in the
the foster home.
foster home.
A permanency A permanency plan
plan was developed for
was developed Mother on for Mother on February 1
February I,,2024
2024 and subsequently
and subsequently
revised on May revised on 2, 2024;
May 2, and October
2024; and 14, 2024.'
October 14, 2024? Mother
Mother was ordered to
was ordered address housing to address housing needs, needs,
address employment address needs, cooperate employment needs, cooperate with with CCCYS,
CCCYS, address
address B.R.’s developmental needs, B.R.'s developmental needs,
address mental address health needs, mental health needs, address address drug
drug and alcohol
alcohol concerns
concerns and
and address
address parenting concerns. 4 parenting concerns."
On November On November 7,
7, 2024, CCCYS petitioned 2024, CCCYS petitioned for for the
the involuntary termination of involuntary termination of Mother’s Mother's
parental rights to parental rights to B.R.
B.R. and her
her sibling
sibling K.G.
KG, A hearing on
A hearing the petition on the petition was scheduled and was scheduled and held
held on
on
November 26, November 2024. An 26,2024. An Order Order involuntarily
involuntarily terminating terminating Mother’s parental rights Mother's parental rights was entered on was entered on
November 26, November 26, 2024. A timely 2024. A notice of
timely notice of appeal
appeal was
was filed
filed with
with the simultaneous filing the simultaneous of the filing of the
following following statement of errors statement of complained of errors complained on appeal:
of on appeal
1 I,. This This Honorable Court erred Honorable Court erred as
as aa matter of law
matter of law and
and abused
abused its
its discretion
discretion when
when itit found,
found,
despite aa lack despite lack of
of clear
clear and
and convincing evidence, that convincing evidence, that sufficient sufficient grounds existed for grounds existed for
termination termination of
of Appellant’s parental rights Appellant's parental rights to to her
her child, thus contravening child, thus contravening section section 25 11(a)
25ll(a)
of the of Adoption Act,
the Adoption 23 Pa.C.SA.
Act, 23 Pa.C.S.A. $§ 25 1 25111 (a).
(a).
2. 2 This Honorable Court Tis Honorable Court erred as aa matter erred as of law matter of law and abused its and abused discretion when its discretion when in
in
terminating Appellant’s parental terminating Appellant's rights when parental rights when the conditions which the conditions which led
led to the removal
to the or
removal or
placement of the placement of child no the child no longer existed or longer existed or were
were substantially eliminated, thus substantially eliminated, thus
contravening sections contravening sections 2511(a)
25 11(a) and
and (b)
(b)ofthe
of the Adoption
Adoption Act, 23 Pa.CS.A.
Act, 23 Pa.C.S.A. $§ 251 1(a),(b).
2511(a),(b).
3. This Honorable 3, This Court erred Honorable Court erred as
as aa matter
matter of
of law
law and
and abused
abused its
its discretion
discretion in
in determining
determining
the best the best interest
interest of
of the child would
the child would be
be served
served by
by terminating
terminating parental rights when parental rights when
Appellant, if Appellant, if given sufficient time, given sufficient time, would would be
be ready,
ready, willing,
willing, and
and able
able to parent the
to parent the child
child
3Child’s Permanency Plans,CY$ Cits Plans, CYS 6 #6 OC
OC.
4 Id.
Al
2024
and and provide provide for her needs,
for her thus contravening needs, thus contravening section section 25 11 (b) of
25/1(b) of the
the Adoption
Adoption Act,
Act, 23
23
Pa.C. S.A. 525116a), Pa.CS.A. § 2511(a), 0)
(b). 5
This Opinion is This Opinion is in in support
support of
of the
the decision
decision to
to involuntarily
involuntarily terminate
terminate Mother's
Mother’s parental
parental
rights. rights.
FINDINGS OF FACT FINDINGS OF FACT
The following The following findings of fact findings of fact are made upon are made upon review of the review of the hearing transcripts, filings hearing transcripts, filings of of
record, and record, and the the trial
trial court's
court’s notes
notes.
1. Cindy Cindy Martin, Esquire was Martin, Esquire appointed as was appointed as legal
legal counsel
counsel to
to represent
represent B.R.
B.R. in this TPR
in this TPR
matter. matter.
2. Tammi 2. Tammi Blackbum, Blackbum, Esquire
Esquire was
was also appointed as
also appointed as GAL
GAL to
to represent
represent B.R.
B.R. in
in this TPR
this TPR
matter. matter.
3. 3. Tammi Blackbum, Esquire Tami Blackbum, Esquire had had previously
previously been
been appointed by the
appointed by dependency court the dependency court as as aa
GAL for GAL for B.R.; and at B.R.; and at the time
time of
of Attorneys
Attorneys Martin
Martin and
and Blackburn’s appointments in Blackburn's appointments in this this
TPR matter, TpgR matter, aa determination determination waswas made made that
that the
the best
best interests of the
interests of children, particularly the children, particularly B.R.’s older sibling, B.R.'solder sibling, K.R. may be K.R. may be in conflict, and in conflict, and therefore, therefore, aa GAL
GAL and
and separate
separate legal
legal
counsel were counsel were appointed appointed for
for the children in
the children in this
this TPR
TPg matter.
matter
4. The child, 4, Te child, B.R., (DOB: 09/ B.R., (DOB: 09/ 72023) currently resides /2023currently in the resides in the W
W, foster home.
foster home.
5. B.R. 5. is 14 months BR.isl4 months old old and
and she
she has
has lived
lived her
her entire
entire life
life in out of
in out of home
home care,
care, meaning
meaning
outside the outside the home home ofof her
her parents,
parents, and,
and, fortunately
fortunately for her, other for her, other than
than the
the time she was
time she was
hospitalized at hospitalized at birth, birth, she
she has
has remained
remained inin the same foster the same home her foster home entire life.
her entire life.
6. Despite aa multitude 6. Despite multitude of professional service of professional assistance, community, service assistance, community, and and church
church assistance,
assistance,
Mother has Mother has been been unable
unable to demonstrate the to demonstrate necessaty consistent the necessary consistent level level of
of stability with
stability with
regard regard to to maintaining employment, maintaining maintaining employment, maintaining her her finances
finances and
and avoiding
avoiding involvement
involvement in
in
criminal justice
the criminal justice system in an effective manner such that it is focused on basic system in an effective manner such that it is focused on basic necessities, as necessities, as well well as consistent rent
as consistent and utility rent and utility payment that would payment that prevent housing would prevent housing
instability. instability
7. Despite aa multitude 7,Despite multitude of of professional
professional service assistance, community service assistance, community and and church church assistance,
assistance,
Mother Mother has has been unable to
been unable to demonstrate demonstrate an an ability ability to
to meet the basic
meet the needs of basic needs of B.R.
B.R. Her
Her
inability to inability demonstrate this to demonstrate this includes, but is includes, but is not limited to, not limited to, aa failure failure to
to consistently
consistently attend
attend
medical, developmental, and medical, developmental, dental appointments and dental appointments of of B.R., B.R., aa failure
failure to consistently attend to consistently attend
educational meetings educational or like meetings or like appointments, appointments, aa failure
failure to
to demonstrate
demonstrate safesafe decision decision making
making
5Statement of Sttemet of Errors Errors Complained
Complained of
of on
on Appeal, filed December Appeal, filed December 23, 23, 2024.
during unsupervised during unsupervised visitation (examples of visitation (examples of this include engaging this include in criminal engaging in criminal activity activity
during visits during visits and leaving B.R.
and leaving in the B.R. in care of
the care of persons
persons not deemed safe
not deemed safe to provide care to provide care of
of
B.R.), and B.R.), and aa failure to demonstrate failure to appropriate behavior demonstrate appropriate and parenting behavior and parenting during during supervised
supervised
visitation. visitation,
8.8. Mother's Mother’s visits visits through the ABC
through the ABC parenting parenting program
program were not positive were not positive with
with respect
respect to
to
Mother’s inability Mother's inability to to demonstrate appropriate behavior demonstrate appropriate towards ABC behavior towards ABC staff and follow staff and the
follow the
rules rules and policies of the policies of the program.
program. Ultimately
Ultimately Mother was no longer was no longer permitted
permitted to have
to have
her visits her visits held through ABC's held through ABC’s parenting parenting program as aa result program as result of
of her continued defiance her continued defiance of of
the rules and the rules and her disrespectful behavior her disrespectful behavior and and angry outbursts.
angry outbursts.
9. 9, Despite Despite aa multitude multitude ofof professional professional service assistance, community service assistance, community and church assistance, and church assistance,
was on
Mother was on the verge of being verge of being evicted from evicted from her current housing current housing on November 26, on November
2024 and any testimony and any testimony to to the contrary was the contrary not credible was not credible based on the based on the multitude of multitude of
evidence presented evidence presented that eviction is that eviction is unavoidable unavoidable if not
not imminent.
imminent
10. A I0. A negative negative inference is taken inference is taken from the the fact
fact that
that the only witnesses
the only witnesses Mother Mother suggested
suggested
would contradict would contradict the the multitude of testimony multitude of testimony andand evidence evidence that the eviction that the eviction is unavoidable is unavoidable
were not were not present present in court today
in court today nor
nor did
did she
she provide any written
provide any documentation from those written documentation those witnesses. witnesses.
1l. 1 . The The Mother Mother acknowledged
acknowledged that
that she
she had
had not
not demonstrated
demonstrated 33 months
months ofof stability
stability in
in the
the
specific specific court ordered goals court ordered goals that
that would have allowed would have allowed for her to for her to work with ABC work with ABC on on
necessary parenting necessary parenting and visitation skills so that visitation skills that reunification reunification could
could potentially
potentially occur.
12. The Mother Mother was no closer
was no closer to reunification on to reunification on November November 26, 2024 than
than she was
was at
at the
the
time time B.R.
B.R. was placed into
was placed into Agency custody.
Agency custody.
13. B.R. is in a safe and [3.BR.isin stable home and stable home where
where her individual needs are being individual needs being met met and
and she
she is
is
loved loved and adored by and adored by all foster family all her foster members. This family members This home home is
is a permanent resource
permanent resource
for her. for her.
DISCUSSION DISCUSSION
Statement of Statement of law:
law: Termination
Termination of
of parental
parental rights is controlled rights is by statute.° controlled by statute. 6 In In relevant
relevant
part, the statute provides pant, provides as follows:
Grounds for Grounds for involuntary termination involuntary termination
(a) General (a) General rule.The rule.— The rights
rights of
of aa parent in regard
parent in to aa child regard to child may
may be terminated
be terminated
after aa petition after petition filed on any filed on any of
of the following grounds:
the following grounds: . ..
• See 6 See 23 23 Pa.C.S.
PA.C.S. $§ 2511.
251 1.
(2) The repeated (2) The repeated and and continued continued incapacity,
incapacity, abuse, neglect or abuse, neglect or refusal refusal ofof the
the
parent has parent has caused
caused the the child
child to be without
to be without essential parental care, essential parental care, control control or or
subsistence necessary subsistence necessary for his physical for his physical or mental well-being or mental well-being and the and the
conditions and conditions causes of and causes of the
the incapacity,
incapacity, abuse, neglect or abuse, neglect or refusal refusal cannot
cannot or or
will not will be remedied
not be remedied by by the parent. ...
the parent..
(5) The (5) The child
child has been removed has been removed from from thethe care care ofof the parent by the parent the court by the court or or
under aa voluntary under voluntary agreement agreement with with an an agency agency for for aa period
period of of at least $ix at least six
months, the months, the conditions conditions which which led led to the removal to the removal or placement of or placement of the the child
child
continue to continue exist, the to exist, the parent
parent cannot
cannot or or will
will not
not remedy
remedy those conditions those conditions
within aa reasonable period within period of of time, time, the services
services or or assistance assistance reasonably
reasonably
available to available to the
the parent
parent are are not likely to not likely to remedy remedy the conditions which the conditions which led led to to
the removal the removal or or placement placement of of the
the child
child within
within aa reasonable
reasonable periodperiod of of time time
and termination and termination of of the parental rights the parental rights would would best serve the best serve needs and the needs and
welfare of welfare of the
the child.
child. .• .. .
(8) The (8) The child
child has been removed has been removed from from thethe care care of the parent
of the parent by the court by the court oror
under aa voluntary under agreement voluntary agreement with with an
an agency,
agency, 12
I2 months
months or
or more
more have
have
elapsed from elapsed from the the date date of of removal
removal or or placement, placement, the the conditions conditions whichwhich led to led to
the removal the removal or or placement placement of of the child continue the child continue to to exist exist and termination
termination of of
parental rights parental rights would
would bestbest serve
serve the the needs
needs and and welfare
welfare of of the
the child.
child.
(b) Other (b) Other considerations.The considerations.— The court court in terminating the in terminating rights of the rights of aa parent shall parent shall
give primary give primary consideration consideration to the developmental, to the developmental, physical physical and emotional needs and emotional needs and welfare and welfare of of the the child.
child. The
The rights
rights of of aa parent
parent shall
shall not
not bebe terminated
terminated solelysolely on on the basis of environmental factors such as inadequate the basis of environmental factors such as inadequate housing, housing, furnishings,
furnishings,
income, income, clothing clothing and and medical
medical care care if if found found to to be
be beyond
beyond the the control
control of of the
the parent
parent.
With respect With respect to any petition to any petition filed filed pursuant
pursuant to to subsection subsection ... ... (8), the court (8), the court shall not shall not
consider consider any efforts by any efforts by the parent to the parent to remedy remedy the conditions described the conditions therein described therein
which which are are first initiated subsequent first initiated subsequent to to the the giving
giving of notice of
of notice of the
the filing
filing ofof the
the
petition. 7 petition.'
“The focus The of involuntary focus of involuntary termination proceedings is termination proceedings on the is on conduct of
the conduct of the parent(s).” 8 the parent(g
Our appellate Our appellate courts courts have determined that:
have determined that
[a] parent’s [a] basic constitutional parent's basic constitutional right right to
to the
the custody
custody and rearing
rearing of his or
of his or
her child her child is converted, upon is converted, upon the
the parent’s
parent's failure
failure to fulfill his
to fulfill or her
his or her parental
parental
duties, to duties, the child’s
to the right to
child's right to have
have proper
proper parenting fulfillment of parenting and fulfillment of his his
7 Id. at a(2),(59),(8)
ld at a(2), (5), (8) and and (b)
(b).
8 In I re B.L.L., 787 A.2d 1007, E.LL,78A.24 1013 (Pa.
1007, 1013 (Pa. Super.
Super. 2001)(intemal omitted).
200 (internal citation omitted
or her or her potential
potential in
in aa permanent,
permanent, healthy,
healthy, safe environment. When safe environment. When reasonable reasonable efforts
efforts to reunite aa foster to reunite foster child with his child with or her
his or her biological
biological
parents parents have
have failed,
failed, then
then the
the child
child welfare
welfare agency
agency must
must work
work toward
toward
terminating parental rights terminating parental rights and placing the and placing the child
child with
with adoptive
adoptive parents.
parents."9
Application of law Application of law to to facts:
facts
Mother Mother has has not shown an
not shown ability to
an ability to care
care for
for B.R.
B.R. at
at any
any time since her
time since her birth.
birth. Mother has
Mother has
never never provided provided for for B.R.’s daily needs
B.R.'s daily needs and has has not
not had any significant
had any level of significant level of contact contact with
with B.R.
B.RR
during her during her 15 months of IS months of life.
life. When
When Mother
Mother was
was provided
provided unsupervised
unsupervised visits, they were visits, they were swiftly swiftly
terminated because terminated because of of poor
poor insight and judgment insight and judgment as
as well
well as a demonstration
demonstration of concerning of concerning
parenting skills. parenting (Mother was skills. (Mother was arrested during aa visit arrested during and the visit and the Father
Father left
left B.R. in the
B.R. in care of
the care of
persons who persons were not who were not trained to address trained to address her significant significant medical needs to medical needs to pick
pick up the Mother
up the Mother
from the from police station).
the police station). Mother's Mother’s criminal
criminal acts
acts and
and behavior
behavior towards parenting services towards parenting services
demonstrates her demonstrates her poor poor insight and judgment insight and judgment as
as well
well as
as aa lack
lack of
of commitment to the
commitment to the reunification reunification
process. process. Mother admitted she Mother admitted she has been unable has been to demonstrate unable to demonstrate stability stability for
for aa period
period of
of three
three
months consistently. Her months consistently. inability to Her inability to demonstrate demonstrate that
that stability
stability has prevented her from prevented her from receiving receiving
the necessary the necessary services services for
for reunification
reunification to
to be achieved, such
be achieved, such as
as parenting services. Her parenting services. Her lack of lack of
stability continued up stability continued up to to the date
date of the hearing
of the as she
hearing as she was
was once again on
once again on the
the verge
verge of losing her
of losing her
housing on housing the day on the day of of the termination
termination hearing.
hearing. It
It was apparent
apparent that her instability that her instability would would
continue. It continue. has been It has been over
over fifteen months since fifteen months since B.R.’s birth and .R.'s binth and placement placement into
into Agency custody
Agency custody
and yet and yet Mother Mother is is not
not any
any closer
closer to
to providing
providing B.R.
B.R. permanency by way
permanency by of reunification way of reunification than she than she
was at was at the time of placement time of placement.
B.R. has B.RR. been residing has been residing in her current in her current foster home since foster home since she was discharged she was discharged from the from the
hospital after hospital her birth.
after her birth. All All of
of her
her physical,
physical, social,
social, and
and developmental needs have developmental needs have been been met
met by
by
•9 In re Adoption hn ne of RAS,90I Adoption of 901 A.2d 502, 507 (Pa. Super.
A.2d02,507(P. 2006)(internal citations Soper. 2OO6(internal citations and quotations omitted).
and quotations omitted).
<_w |.
the foster the foster parents. This home parents. This home is
is aa safe and stable
safe and stable environment environment with
with dependable
dependable caregivers
caregivers
capable of capable providing her of providing her with love and with love and care
care she
she needs to promote
needs to healthy development.
promote healthy development.
B.R. has B.R. has been in the been in custody of
the custody of CCCYS
CC€ys for
for more
more than twelve months
than twelve months with
with the conditions
the conditions
which led to which led to her her removal
removal continuing to exist.
continuing to exist. The
The record is replete
record is replete with other equally with other equally clear
clear and
and
convincing evidence convincing evidence of of Mother’s
Mother's incapacity to meet incapacity to the child's meet the child’s needs and promote needs and her welfare.
promote her welfare.
Previous additional Previous additional time and opportunities time and opportunities provided provided to
to Mother
Mother to remedy the
to remedy reasons for the reasons for
placement placement will not provide will not provide permanency permanency for B.R. in
for B.R. in aa reasonable reasonable amount of time.
amount of time. Therefore, Therefore,
Mother’s statement Mother's statement of errors are of errors are not
not supported
supported by
by the
the record and overturning record and overturing the the decision
decision to
to
terminate her terminate her parental parental rights
rights is
is clearly not in
clearly not in the
the best interest of the
interest of child.
the child
For the reasons For the reasons stated stated above,
above, the
the instant
instant appeal should be denied.
appeal should denied
BY THE COURT:
_
Carrie E. Carrie E. Hyams, J.
Hyams, J