In Re: A.R.B., minor, Appeal of: D.B.

Superior Court of Pennsylvania·Decided March 8, 2016·No. 1025 WDA 2015·Unpublished

Opinion

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

IN RE: A.R.B., A MINOR, IN THE SUPERIOR COURT OF PENNSYLVANIA

Appellee

v.

APPEAL OF: D.B., THE FATHER OF A.R.B.,

Appellant No. 1025 WDA 2015

Appeal from the Order Entered June 12, 2015 In the Court of Common Pleas of Allegheny County Orphans' Court at No(s): AP 177 2014 tpr-14-177

BEFORE: BOWES, OLSON, and STRASSBURGER,* JJ. MEMORANDUM BY BOWES, J.: FILED MARCH 8, 2016 D.B. (“Father”) appeals from the order entered on June 12, 2015, wherein the orphans’ court granted the petition filed by the Allegheny County Office of Children, Youth and Family (“CYF”) seeking to terminate Father’s parental rights to his daughter, A.R.B., pursuant to 23 Pa.C.S. § 2511(a) and (b). We affirm.1 The orphans’ court summarized the relevant facts and procedural history as follows:

1 The orphans’ court also terminated the parental rights of the birth mother, L.S., who did not appeal.

*

Retired Senior Judge assigned to the Superior Court.

A.R.B. came to the attention of the agency when she was born positive for opiates and THC [during] May [of] 2013. See Testimony of Transcript ("T.T."), dated June 12, 2015, at 63.

The original case was only open a month before CYF closed out, as the parents apparently became enrolled in a drug and alcohol treatment. Id., at 64. However, CYF reopened the case in August after there were concerns that the parents were drinking and “nodding off” while parenting the infant. Id. The parents had been staying with the Paternal Grandmother, who is the child’s pre-adoptive foster mother. Id., at 65. And so the child was technically removed from the parents' care, but returned to the same physical home. Id. Indeed, the child has only resided in this home throughout her short life. Both parents stipulated to the child’s dependency status at the adjudicatory hearing on August 26, 2013. Id. She has never returned to either parent's care. Id. For a time during the course of the case, Father was incarcerated at the Allegheny County Jail, at the Renewal Center and then back at the Allegheny County Jail after he relapsed. He had been convicted in September 2013 for the manufacture or delivery or possession with intent to manufacture or deliver a controlled substance, for possession of marijuana and for drug paraphernalia, among other things. Id., at 82-83. He was ultimately released after approximately 14 months in October 2014[.] [T]he Petition to Terminate Parental Rights was filed on October 17, 2014.

Following the dependency determination, CYF created a Family Service Plan (“FSP”), which is designed to help the parents achieve reunification with their child. . . . Father's initial goals were: meet and maintain the demands of daily living (that is, find employment and obtain housing); achieve and maintain recovery from substance abuse; maintain contact and cooperation with CYF; visit the child; and parenting. Id., at 76.

Trial Court Opinion, 8/4/15, at 4-5.

During the evidentiary hearing, CYF presented the testimony of Patricia Pepe Ph.D., the court appointed evaluator and expert in child psychology, Michelle Schultz, the CYF caseworker assigned to the family between February 3, 2014 and October 24, 2014, and Melissa Fuchs,

A.R.B.’s home study caseworker. CYF also called one of the pre-adoptive foster parents (“Paternal Grandmother”) and her ex-husband (“Paternal Grandfather”), with whom Father resided for a portion of the time relevant herein. Father testified on his own behalf.

The CYF witnesses outlined Father’s FSP goals and testified that his compliance was moderate. He maintained contact with A.R.B. and participated in some parenting classes and drug treatment programs while he was incarcerated or in alternative confinement at the Renewal Center. Likewise, he obtained employment and eventually moved from Paternal Grandfather’s home, albeit to a residence shared by three roommates who had not been vetted by CYF.

Significantly, however, Father failed to adequately address his problems with drug and alcohol abuse, which is the precise reason for A.R.B.’s placement. Father failed to enroll in any treatment programs since his April 2014 relapse. N.T., 6/12/15, at 78-79, 133. He missed nine drug screens, four of which were without excuse or explanation. Id. at 129-134, 174. One of the missed screens was requested by Paternal Grandfather after Father neglected to return home following a night out with friends. Id. at 195-196. Additionally, Father did not obtain a sponsor through Alcoholics Anonymous (“AA”) or attend meetings four times per week as recommended by Dr. Pepe. Id. at 143. Father attended only one meeting per week, which he failed to document with CYF, and he declined to engage a sponsor. Id. at

132-33, 222. Furthermore, while Father testified that he had been sober since his April 2014 relapse, in reality Father continued to imbibe until approximately one month before the June 2015 hearing. Id. at 230-231. Indeed, Father testified that he lied during the AA meetings about the extent of his sobriety. Id. 233-234.

Notwithstanding Father’s failure to address his substance abuse, Dr.

Pepe recommended that the agency pursue subsidized permanent legal custody (“SPLC”) in lieu of the termination of Father’s parental rights and the adoption of A.R.B. by Paternal Grandmother and her husband (collectively, “Foster Parents”). That recommendation was based upon two concerns. First, Dr. Pepe was swayed by Father’s report that Paternal Grandmother was bedridden due to a diagnosis of Multiple Sclerosis (“MS”). Second, Dr. Pepe detected a bond between A.R.B. and Father, and she was apprehensive that Foster Parents would interfere with Father’s post-adoption contact with his daughter.

At the close of the evidentiary hearing, the orphans’ court concluded that CYF satisfied its burden of proving the statutory grounds for involuntary termination of parental rights outlined in § 2511(a) (2), (5), (8) and (b). This timely appeal followed. Father complied with Pa.R.A.P. 1925(a)(2)(i) by filing a statement of errors complained of on appeal concurrent with his notice of appeal.

Father raises two issues for our review:

I. Whether the Trial Court erred and/or abused its discretion in finding that the Office of Children, Youth and Families met their burden of proof and proved by clear and convincing evidence that the parental rights of D.B. should be terminated pursuant to 23 Pa[.]C.S.A. 2511(a) (2), (5), and (8).

II. Whether the Trial Court erred and /or abused its discretion in finding that the Office of Children, Youth and Families met their burden of proof and proved by clear and convincing evidence that terminating the parental rights of D.B. best meets the needs and welfare of A.R.B. pursuant to 23 Pa[.]C.S.A. § 2511(b).

Father’s brief at 1.

Our standard of review is well settled.

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 and quotation marks omitted).

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In Re: A.R.B., minor, Appeal of: D.B., (Pa. Ct. App. 2016).

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