In Re Adoption of T.B.B.

835 A.2d 387, 2003 Pa. Super. 398, 2003 Pa. Super. LEXIS 3695
CourtSuperior Court of Pennsylvania
DecidedOctober 23, 2003
StatusPublished
Cited by554 cases

This text of 835 A.2d 387 (In Re Adoption of T.B.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
In Re Adoption of T.B.B., 835 A.2d 387, 2003 Pa. Super. 398, 2003 Pa. Super. LEXIS 3695 (Pa. Ct. App. 2003).

Opinion

LALLY-GREEN, J.

¶ 1 Appellant, K.N., (“Mother”), appeals from the order of the Orphans’ Court of the Court of Common Pleas of Westmore-land County terminating parental rights to her minor sons, T.B.B., Jr. and B.M.B. We affirm.

¶2 The trial court found the following facts:

1. The Petitioner, Westmoreland County Children’s Bureau (“WCCB”) is an approved agency under the adop *389 tion laws of the Commonwealth of Pennsylvania with its main office in Greensburg, Westmoreland County, Pennsylvania.
2. K.N., Respondent, is the natural mother of the above-captioned minor children.
3. The minor child, T.B.B., Jr., is almost 11 years old, having been born on March 11,1992.
4. The minor child, B.M.B., is almost 10 yeai’s old, having been born on May 27,1993.
5. The parental lights of the natural father, T.B.B., as to both minor children were terminated by the Honorable Charles E. Marker, pursuant to an Order of Court entered on July 18, 2001.
6. The Petitioner assumed custody of the minor children on October 14, 1998.
7. The Reason Custody Was Assumed Was That Allegations Had Been Made That Inappropriate Forms Of Discipline Had Been Occuriing. The Respondent Had Allegedly Been Limiting Bathroom Time, Had Been Providing Limited Food, Had Been Locking On[E] Of The Children In A Closet For Extended Periods Of Time, Had Been Restraining The Children, And Had Been Forcing Them To Eat Fecal Matter.
8. Following an adjudication hearing held on February 9, 1999, the children were thereafter adjudicated to be dependent pursuant to an Order of Court entered by the Honorable Charles E. Marker on February 11, 1999.
9. Pursuant to this Order of Court, the Respondent was directed to attend parenting classes, to obtain a psychiatric evaluation, to attend co-joint family counseling, that she receive individual counseling until successful discharge, and that she attend a parent support group until successfully discharged. She was to have no contact with the minor children until recommended by their therapist.
10. Petitioner facilitated the implementation of services including, individual counseling, parenting instruction and psychiatric evaluations.
11. Following a psychiatric evaluation of both boys by Dr. Jerome Fial-kov, T.B.B., Jr. was diagnosed with Dysthymiac Disorder (similar to bipolar disorder), and Attention Deficit Hyperactivity Disorder. B.M.B. was diagnosed with identical disorders.
12. Carol Patterson performed psychological evaluations on the parents, their paramours, and the minor children. When she first saw the children in October of 1998, T.B.B., Jr. was having the most difficulty. He was agitated, anxious and depressed. She characterized his behavior as out of control. She described B.M.B. as “overly compliant.”
13. Ms. Patterson commenced individual therapy with the minor children in January 1999. At that time, B.M.B.’s behavior had done a “180 degree turn.” According to Ms. Patterson, B.M.B. had now assumed behaviors of his mother, and was treating T.B.B., Jr. pooi'ly. The boys were experiencing agitation, anxiety, depression, out-of-control behaviors, poor performance in school, and the inability to socialize with them peers and to do well in family situations.
14. Between January 1999 and April 1999, Ms. Patterson worked with the boys relative to the trauma *390 they had experienced. The boys did not have any visits with their mother because they were unstable in their foster home. This Instability manifested itself through their inability to respond to rules and discipline, poor performance in school, appetite and sleep disturbance and anxiety. Ms. Patterson attributed this instability to the abuse the boys had sustained.
15. As a result of this instability, in April 1999, the boys were separated. B.M.B. had threatened to kill himself and was placed at the Discovery Unit at Monsour Hospital, the first of two visits to this facility. Upon discharge, he was placed in his current foster home. T.B.B., Jr. was placed in a different foster home.
16. In April 1999, the idea of having an apology session between Mother and the boys was considered. This would precede any reunification of Mother and the boys. However, when the boys were counseled concerning the apology session, their condition deteriorated to such a degree at the thought of any contact with Mother, that the sessions were postponed for several months.
17. By November 1999, the Westmore-land County District Attorney’s office had determined to pursue criminal charges against Mother. The focus of Ms. Patterson’s work shifted from counseling to preparation for testifying.
18. As a result of the district attorney’s interviews to prepare for trial, the condition of the boys again started to deteriorate.
19. Mother subsequently pled guilty to recklessly engaging in conduct, which placed the children in danger of death or serious bodily injury, and to unlawfully restraining the children.
20. Mother was sentenced to intensive probation, including electric home monitoring, to attendance at parenting classes, mental health counseling, and not to have any contact with the children unless permitted by court order.
21. During this same period of time, Carol Patterson also worked with Mother in order to facilitate the apology session. In essence, they put together a script of what Mother would say to the children.
22. In February 2000, after a multidisciplinary team meeting, the members of which included Ms. Patterson, the Petitioner’s caseworker, the Guardian Ad Litem appointed for the boys, the workers from the Wrap-Around program, and the foster care home workers, it was concluded that the boys were stable enough such that the apology sessions could take place.
23. T.B.B., Jr.’s apology session was completed in May 2000. B.M.B.’s was completed in June of 2000. The boys requested that each of their foster mothers attend the apology sessions, which they did.
24. Ms. Patterson encouraged the boys to let Mother know how they were feeling as the apology session was taking place, but neither boy elected to do so. T. thought his mother was sad and did not want to upset her further. B.M.B., on the other hand, had nothing to say to her. T.B.B., Jr. did indicate to his foster mother that he wanted to see his mother.
25. Although the Respondent attempted to follow the script that she and *391 Ms. Patterson had prepared, there was one area of conflict as far as the boys and Carol Patterson were concerned.

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Bluebook (online)
835 A.2d 387, 2003 Pa. Super. 398, 2003 Pa. Super. LEXIS 3695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adoption-of-tbb-pasuperct-2003.