In Re: Adopt. of: K.V., Appeal of: J.R.

CourtSuperior Court of Pennsylvania
DecidedDecember 20, 2024
Docket934 MDA 2024
StatusUnpublished

This text of In Re: Adopt. of: K.V., Appeal of: J.R. (In Re: Adopt. of: K.V., Appeal of: J.R.) 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
In Re: Adopt. of: K.V., Appeal of: J.R., (Pa. Ct. App. 2024).

Opinion

J-A27008-24

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN RE: ADOPTION OF: K.V., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: J.R., MOTHER : : : : : No. 934 MDA 2024

Appeal from the Order Entered June 5, 2024 In the Court of Common Pleas of Lackawanna County Orphans’ Court at No(s): 2023-00049

IN RE: ADOPTION OF: K.R., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: J.R., MOTHER : : : : : No. 935 MDA 2024

Appeal from the Order Entered June 5, 2024 In the Court of Common Pleas of Lackawanna County Orphans’ Court at No(s): 2023-00047

IN RE: ADOPTION OF: K.V., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: J.R., MOTHER : : : : : No. 959 MDA 2024

Appeal from the Order Entered June 5, 2024 In the Court of Common Pleas of Lackawanna County Orphans’ Court at No(s): 2023-00048

BEFORE: LAZARUS, P.J., KUNSELMAN, J., and McLAUGHLIN, J. J-A27008-24

MEMORANDUM BY LAZARUS, P.J.: FILED: DECEMBER 20, 2024

J.R. (Mother) appeals from the orders, entered in the Court of Common

Pleas of Lackawanna County Orphans’ Court Division, involuntarily terminating

her parental rights to her minor children, Ka.V. (born October 2007), Ki.V.

(born October 2012), and K.R. (born July 2017) (collectively, Children).1 After

careful review, we affirm.2

On March 26, 2021, the Lackawanna County Office of Youth and Family

Services (OYFS) received a referral alleging Mother had been incarcerated

after violating her probation by testing positive for illegal substances. At the

time of the violation, Children were in Mother’s care.3 On March 29, 2021,

Children were placed into emergency custody with two kinship foster families.4

Children were adjudicated dependent on April 29, 2021.5 Due to concerns

with Mother’s drug use as well her problematic interactions with OYFS staff,

____________________________________________

1 Mother and her paramour, T.M., have another child who is Children’s step-

sibling and is not involved in this matter.

2 The parental rights to Children’s fathers, A.W. and A.V., were involuntarily

terminated in October 2023 and January 2024, respectively. Neither father is a party to this appeal.

3 Upon her incarceration, Mother left Children with a cousin.However, when that cousin later tested positive for methamphetamines, Children were placed into foster care.

4 Foster mothers are Mother’s ex-sister-in-law and maternal cousin.

5 Children had been in placement, on an unrelated matter, from July 3, 2018

to May 19, 2020. At the request of OYFS, that dependency was terminated in October 2020. See N.T Termination Hearing, 5/30/24, at 41-42.

-2- J-A27008-24

Mother’s one-hour visits with Children were supervised. The visits were held

biweekly at Outreach Community Resources (OCR).6 Mother’s visits never

progressed beyond supervised or supportive throughout the life of this case.

See N.T. Termination Hearing, 5/31/24, at 36.

Mother also had supervised phone calls with Children twice a week. Id.,

at 17. However, after Mother “told the girls that the[ir] foster parents [were]

sexually abusing [C]hildren in their home,” id., at 33-34, all phone

communication between Mother and Children was stopped in late April/early

May 2024. Id. at 34.7

OYFS created a family service plan (FSP) for Mother with the following

objectives: (1) seek support through Women’s Resource Center; (2) follow

through with parole/probation recommendations; (3) comply with pretrial

services; (4) manage mental health needs, including obtaining mental health

assessments and follow-up treatments; (5) obtain drug and alcohol

assessments and follow-up treatments; (6) undergo drug screens three times

a week; (7) report any drug or alcohol use to OYFS staff; and (8) obtain and

maintain employment. At a December 2021 permanency review hearing,

Mother’s FSP compliance and progress were each rated “moderate.” At that ____________________________________________

6 Mother’s visits were suspended at one point and then reinstated in January

2024. Id., 5/31/24, at 11.

7 Mother testified that she never alleged sexual abuse when she spoke to Children on the phone. Id. at 52, 55, 56. However, Service Access Management caseworker Jamie Rolon testified that she talked to foster mom as well as each of the Children, who confirmed that Mother made the statement and that the statement was false. Id. at 34-35.

-3- J-A27008-24

time, OYFS caseworkers reported that Mother needed to be more consistent

with her drug and alcohol screenings. Id., 5/30/24, at 47-48.

At Mother’s March 2022 permanency review hearing, her FSP8

compliance and progress were downgraded to “minimal,” it was noted that

Mother was still screening inconsistently, and caseworkers indicated that

Mother’s last drug screen, from February 20, 2022, tested positive for cocaine.

Id., at 49. At her next permanency review hearing, Mother’s compliance and

progress on her FSP goals returned to “moderate” due to Mother screening

more consistently and having graduated from an outpatient drug and alcohol

rehabilitation program. Id. at 50.

At her next permanency review hearing in August 2022, Mother was

noted to have been moderately compliant with her FSP goals, now had

obtained a medical marijuana card, and had been prescribed Suboxone and

antidepressants. Id. at 51. Caseworkers described Mother as still

inconsistent with drug screening, noted that she had been unsuccessfully

discharged from Safe Care for lack of attendance, and had not attended any

Nurturing Mother program appointments. Id. at 52. At a December 17, 2022

permanency review hearing, Mother was deemed to be minimally compliant

and to have minimally progressed with her FSP goals; Mother had also tested

positive for cocaine on September 23, 2022, and she was under the influence

8 Mother’s FSP had an added objective of obtaining parenting services, that

included the Nurturing Mother’s Group and Safe Care Program. Id. at 50.

-4- J-A27008-24

at a visit. Id. at 53-54. In January 2023, OYFS added safe and stable housing

as an FSP objective for Mother due to a threat that Mother may be evicted

because she and T.M. were not paying rent on their Mulberry Street home.

Id. at 55. A caseworker noted that Mother had been working with an

assistance program to pay back some of her overdue rent but had refused to

attend inpatient drug and alcohol treatment because she denied that she had

relapsed following positive screens for cocaine and alcohol.9 Id. at 56. Mother

was deemed to have moderately complied with and minimally progressed with

her FSP goals. Id. At a June 19, 2023 permanency review hearing, the court

noted that Mother had not followed its December 2022 recommendation that

she attend NA/AA meetings. Id. at 60-61.

On September 19, 2023, OYFS filed petitions to involuntarily terminate

Mother’s parental rights to Children pursuant to 23 Pa.C.S.A. §§ 2511(a)(2),

(5), (8), and (b). The trial court held termination hearings on May 30-31,

2024. Kristy Vassell (OCR supervised visitation lead), Michelle Coyle

(substance abuse program case manager), Sharon Roginski (OYFS ____________________________________________

9 Mother gave birth to another child, in January 2023, whose meconium tested

positive for Gabapentin at birth. Id. at 57.

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Related

In Re Adoption of G.R.L.
26 A.3d 1124 (Superior Court of Pennsylvania, 2011)
In Re Adoption of S.M.
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In the Interest of: K.D., a Minor
144 A.3d 145 (Superior Court of Pennsylvania, 2016)
In Re: Adoption of: L.B.M., A Minor
161 A.3d 172 (Supreme Court of Pennsylvania, 2017)
Commonwealth, Aplt. v. Walker, T.
185 A.3d 969 (Supreme Court of Pennsylvania, 2018)
In the Matter of: M.P., Appeal of: S.M.
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In re A.R.
837 A.2d 560 (Superior Court of Pennsylvania, 2003)
In re B.L.W.
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In re C.M.S.
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In re C.P.
901 A.2d 516 (Superior Court of Pennsylvania, 2006)
In re Involuntary Termination of Parental Rights to E.M.
908 A.2d 297 (Superior Court of Pennsylvania, 2006)
In the Interest of K.Z.S.
946 A.2d 753 (Superior Court of Pennsylvania, 2008)
In re K.M.
53 A.3d 781 (Superior Court of Pennsylvania, 2012)
In re T.S.M.
71 A.3d 251 (Supreme Court of Pennsylvania, 2013)
In re E.M.
620 A.2d 481 (Supreme Court of Pennsylvania, 1993)

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In Re: Adopt. of: K.V., Appeal of: J.R., Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adopt-of-kv-appeal-of-jr-pasuperct-2024.