In Re CM

882 A.2d 507
CourtSuperior Court of Pennsylvania
DecidedAugust 22, 2005
StatusPublished
Cited by1 cases

This text of 882 A.2d 507 (In Re CM) 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 CM, 882 A.2d 507 (Pa. Ct. App. 2005).

Opinion

882 A.2d 507 (2005)

In the Interest of: C.M., a minor child,
Appeal of: G.A.M., Natural Father, Appellant
In the Interest of: C.M., a minor child,
Appeal of: J.K., Natural Mother, Appellant

Superior Court of Pennsylvania.

Argued May 10, 2005.
Filed August 22, 2005.

*509 Michael Kolodziejczak, Lower Burrell, for G.A.M.

Charles F. Wade, Greensburg, for CYS.

Karen L. Kiefer, Scottdale, for J.K.

Richard A. Bruni, Lower Burrell, for C.M.

Before: MUSMANNO, TODD and BOWES, JJ.

OPINION BY MUSMANNO, J.:

¶ 1 G.A.M. ("Father") and J.K. ("Mother"), the natural parents of the minor child, C.M., have both appealed from the Order retaining C.M. in the custody of Westmoreland County Children's Bureau ("WCCB"), and ordering that WCCB "shall pursue the goal of adoption by the current foster parents ...." See Trial Court Order, 9/17/04. We affirm.

¶ 2 C.M. was born on July 29, 2002. On July 31, 2002, he was placed in the custody of WCCB by an emergency Order of court. On August 30, 2002, the trial court filed an Order declaring C.M. a dependent child. In its Order, the trial court indicated that C.M. had tested positive for cocaine at the *510 time of his birth, and that Mother and Father had admitted to "a drug usage problem." Trial Court Order, 8/30/02. The trial court further noted that another child of Mother's had been the victim of physical abuse resulting in serious bodily injury in September 2000. Finally, the court ordered that efforts be made to reunify the family. Id.

¶ 3 On January 10, 2003, WCCB filed a Petition for a review hearing concerning C.M.'s placement. In the Petition, WCCB indicated that C.M. was residing in the home of the foster parents in Monesson, Pennsylvania. After a hearing, the trial court determined that Mother was continuing to use drugs and that Father was an "enabler" of Mother's drug addiction. Judicial Findings and Order of Court, 5/5/03. The trial court found that placement of C.M. was necessary and that the placement goal of reunification with the parents continued to be appropriate and feasible. Id. The trial court ordered that C.M. remain in the custody of WCCB "for placement in foster care." Id.

¶ 4 On June 11, 2003, WCCB filed a Petition for a placement review hearing. In this Petition, WCCB recommended a change of C.M.'s placement goal from reunification to adoption. The trial court appointed separate counsel for Mother and Father. On August 12, 2003, after a hearing, the trial court determined that Mother had been unsuccessful in her drug treatment program, and that Father continued to be an enabler of Mother's drug addiction. The trial court noted that an incident of domestic violence had occurred between Mother and Father on July 12, 2003. The trial court found that placement of C.M. continued to be "necessary and appropriate," and that "[t]he placement goal of return home with the parents and a concurrent goal of adoption is appropriate and feasible." Judicial Findings and Order of Court, 8/12/03. The trial court stated that "efforts should continue to be made to reunify the child with both or one parent." Id.

¶ 5 On October 23, 2003, WCCB filed a Petition for a placement review hearing, and requested that a goal change of adoption "be issued." Petition for Permanency Placement Review Hearing, 10/23/03. This Petition was withdrawn. See Order of Court, 11/17/03. However, on January 23, 2004, WCCB filed another Petition for a placement review hearing. WCCB again requested that a goal change to adoption "be issued." Petition for Permanency Placement Review Hearing, 1/23/04. A hearing on this Petition was held on February 9, 2004. Subsequently, the trial court found that Mother had been unsuccessful in her drug treatment program since the last review hearing, and that Father continued to be an enabler of Mother's drug addiction. The trial court noted that Mother had moved out of the home in which she had lived with Father, but found this to be an attempt to influence the court. The trial court also found that Father failed to honor his word to the court that he would separate himself from Mother if she continued using drugs or failed to remain in treatment. Id.

¶ 6 The trial court further found that WCCB had made "reasonable efforts to finalize the permanency plan" for C.M., but had not "aggressively pursued" placement and adoption options with C.M.'s paternal great aunt and uncle, who had expressed an interest in adopting C.M. The trial court indicated that WCCB "shall now concentrate on investigating the feasibility and appropriateness of both adoptive families." Id. The trial court stated that the placement goal for C.M. was adoption, and ordered WCCB to "concurrently pursue adoption for both the current foster parents *511 as well as the paternal aunt and uncle. . . ." Id.

¶ 7 On July 14, 2004, WCCB filed a Petition for a placement review hearing. In this Petition, WCCB requested that C.M. be placed "in the most appropriate home for permanency and potential adoption." Petition for Permanency Placement Review Hearing, 7/14/04.

¶ 8 On July 27, 2004, the paternal great aunt and uncle (hereinafter "aunt and uncle") filed a Petition to intervene in the instant case, indicating that they desired to adopt C.M. The trial court denied the aunt and uncle's Petition.

¶ 9 The trial court conducted permanency review hearings on August 31, 2004 and September 1, 2004. The trial court heard testimony from Dr. John Carosso, a licensed psychologist called on behalf of WCCB, and Dr. Gerald Surmacz, an independent psychologist appointed by the trial court at Father's request, as well as other witnesses. On September 17, 2004, the trial court found that C.M. had developed a bond with the foster parents and was "thriving in their care." Judicial Findings and Order of Court, 9/17/04. Further, the trial court determined that C.M. would suffer "some level of trauma" if he was removed from the foster parents' care at this time, but found that it would be in C.M.'s best interests to continue to have ongoing contact with the aunt and uncle. Id. The trial court decided that the aunt and uncle's familial relationship with Father did not give them any preference over the foster parents as proposed adoptive parents, and in fact created a potential detriment to C.M. Id. The trial court ordered WCCB to pursue the goal of adoption by the foster parents, and ordered a permanency review hearing within six months. Id.

¶ 10 Both parents filed timely Notices of appeal from the trial court's September 17, 2004 Order. Father raises the following issue on appeal:

1. Whether the trial court erred and abused its discretion in failing to make the necessary findings on the numerous factors relative to [C.M.'s] best interests, but instead accepted as dispositive the importance of bonding, making only selective findings on the matter to support a psychological bonding presumption.

See Brief of Appellant (Father) at 13.

¶ 11 Mother's issues on appeal are as follows:

1. Whether the trial court's ruling to continue placement of C.M. in foster care was against the weight of the evidence, and therefore not in the child's best interests?
2.

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Bluebook (online)
882 A.2d 507, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-cm-pasuperct-2005.