In Re: D.M.M., Appeal of: A.S.E.

Superior Court of Pennsylvania·Decided October 28, 2025·No. 1680 EDA 2025·Unpublished

Opinion

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN RE: D.M.M., A MINOR : IN THE SUPERIOR COURT OF : PENNSYLVANIA

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APPEAL OF: A.S.E., MOTHER :

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: No. 1680 EDA 2025

Appeal from the Decree Entered June 17, 2025 In the Court of Common Pleas of Northampton County Orphans' Court at No(s): 2024-0020

BEFORE: BOWES, J., NICHOLS, J., and BECK, J. MEMORANDUM BY BECK, J.: FILED OCTOBER 28, 2025 A.S.E. (“Mother”) appeals from the decree entered by the Northampton County Orphans’ Court (“orphans’ court”) granting the petition filed by the Northampton County Children, Youth, and Families Division (“Agency”) to terminate her parental rights to D.M.M. (“Child”), born in February 2022, pursuant to 23 Pa.C.S. § 2511(a)(1), (2), (5), (8), and (b) of the Adoption Act.1 We affirm.

Mother was sixteen years old and Father was eighteen years old when Child was born. Mother and Father did not work and lived with Mother’s mother, C.S. (“Maternal Grandmother”). Just prior to a scheduled doctor’s appointment on March 21, 2022, Father admitted to Mother and Maternal

1 R.J.M. (“Father”) voluntarily relinquished his parental rights to Child. He did not file an appeal.

Grandmother that he had dropped Child on the wood floor. Mother took Child to the scheduled appointment and informed the doctor that Father had dropped Child. The doctor explained that Father’s explanation was implausible based on the multiple, visible injuries sustained by Child. The doctor directed Mother to take Child to the emergency room. At the hospital, imaging tests demonstrated that Child had multiple fractures and bleeding in his brain. Based upon Child’s injuries, the Agency received a child protective services referral. Child was taken to Children’s Hospital of Philadelphia (“CHOP”) and admitted to the pediatric intensive care unit for treatment of his brain injury.

On March 22, 2022, Mother, Father, and Maternal Grandmother executed a safety plan wherein the Agency would direct all contact with Child, and Mother and Father executed a voluntary placement agreement with the Agency to place Child in its care. The Bethlehem State Police initiated a criminal investigation into Child’s injuries. Father admitted to intentionally dropping Child, hitting Child’s head against the wall, and throwing Child down the stairs. As a result, the Commonwealth charged Father with multiple crimes. Eventually, Father entered a guilty plea to three counts of aggravated assault, and the trial court sentenced him to fifteen to thirty years in prison on March 29, 2023.

In the interim, CHOP discharged Child on April 5, 2022, and the Agency placed him in a medically fragile foster home with J.S. and J.S. (“Foster

Parents”). Child was later diagnosed with cerebral palsy and developmental delays.

The Agency filed a petition for adjudication of delinquency seeking the removal of Child from Mother’s care. After an uncontested hearing, the hearing officer recommended granting the petition. The orphans’ court confirmed the recommendation and adjudicated Child dependent. On April 21, 2022, the orphans’ court issued a permanency plan for Mother, directing her to participate and complete a protective parenting evaluation, cooperate with random drug screenings, complete parenting education and life skills training, and maintain stable income and housing for at least six months.

Mother made minimal progress toward alleviating the circumstances that led to Child’s placement. The Agency also had concerns about Maternal Grandmother’s home, where Mother lived, and Mother’s continued contact with Father. Mother completed a drug and alcohol evaluation and participated in supervised visits with Child. During these visits, Mother was unable to care for Child independently, but could follow directions in caring for Child.

In July 2023, there was an explosion of the septic system at Maternal Grandmother’s home, resulting in flooding and water damage and rendering the home inhabitable. Mother and Maternal Grandmother moved into a rental property. During this time, Mother had supervised visits at the rental home and unsupervised visits at the Agency. The unsupervised visits ceased after Mother gave Child candy and deflated balloons, both of which were choking

hazards. Mother also failed to complete school, having failed ninth grade multiple times. The trial court found, however, that Mother made substantial compliance with her permanency plan and moderate progress toward alleviating the circumstances leading to the placement. Nevertheless, the Agency continued to have concerns about Mother’s ability to parent, and Child remained with Foster Parents throughout the dependency.

On April 22, 2024, the Agency filed a petition to terminate Mother’s and Father’s parental rights. The matter proceeded to a hearing on November 4, 2024.2 Father voluntarily relinquished his parental rights and the hearing proceeded on the petition to terminate Mother’s parental rights. Following the hearing, the orphans’ court terminated Mother’s parental rights. Mother filed a timely appeal and a concise statement of matters complained on appeal pursuant to Pa.R.A.P. 1925.

Mother presents the following claims for our review:

2 Henry R. Newton, Esquire, was the guardian ad litem assigned to represent Child, who was just over two-and-a-half years old at the proceedings. N.T., 11/4/2024, at 5. “[W]here an orphans’ court has appointed a [guardian ad litem]/[c]ounsel to represent both the child’s best interests and legal interests, appellate courts should review sua sponte whether the orphans’ court made a determination that those interests did not conflict.” In re Adoption of K.M.G., 240 A.3d 1218, 1235 (Pa. 2020). Because Child was still a baby at the time of these proceedings, there is no error in this regard. See In re T.S., 192 A.3d 1080, 1092 (Pa. 2018) ( “if the preferred outcome of a child is incapable of ascertainment because the child is very young and pre-verbal, there can be no conflict between the child’s legal interests and his or her best interests; as such, the mandate of Section 2313(a) . . . is satisfied where the court has appointed an attorney-guardian ad litem who represents the child’s best interests during such proceedings”).

A. Whether the [orphans’] court erred in finding that [Mother had]

a settled p[ur]pose of relinquishing her parental claim to [Child] or failed to perform her parental duties without a[d]equate explanation for her conduct[?]

B. Whether the [orphans’] court erred in finding that Mother caused [Child] to be without essential parental care, control, or subsistence necessary for [Child’s] physical or mental wellbeing and the conditions and causes of the incapacity, abuse, neglect, or refusal cannot or will not be remedied by Mother[?]

C. Whether the [orphans’] court erred in finding that [Child] has been removed from mother for a period of at least six months, and the conditions which led to the removal or placement of [Child] continue to exist, and mother cannot or will not remedy those conditions with a reasonable period of time, and termination of her parental rights best serves the needs and welfare of the child[?]

D. Whether the [orphans’] court erred in finding that [Child] had been removed from mother for a period of at least twelve m[o]nths, and the conditions which led to the removal or placement of [Child] continue to exist, and mother cannot or will not remedy those conditions within a reasonable period of time, and termination of parental rights best serves the needs and welfare of [Child?]

E. Whether the [orphans’] court erred in finding that termination of Mother’s parental rights will meet the needs and welfare of [Child?]

Mother’s Brief at 3 (some capitalization omitted).

In reviewing an appeal from an order terminating parental rights, we adhere to the following standard:

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In Re: D.M.M., Appeal of: A.S.E., (Pa. Ct. App. 2025).

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