In re D.R.S.C.

47 Pa. D. & C.5th 134, 2015 Pa. Dist. & Cnty. Dec. LEXIS 119
CourtPennsylvania Court of Common Pleas, Chester County
DecidedMarch 23, 2015
DocketNo. AD-14-0051
StatusPublished

This text of 47 Pa. D. & C.5th 134 (In re D.R.S.C.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Chester County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re D.R.S.C., 47 Pa. D. & C.5th 134, 2015 Pa. Dist. & Cnty. Dec. LEXIS 119 (Pa. Super. Ct. 2015).

Opinion

TUNNELL, J.,

D.R.S.C. was adjudicated dependent in Juvenile Dependency Court in April 2013 and has been in foster care for the nearly two (2) years since then. Chester County Department of Children, Youth and Families (“CYF”) has worked intensively with his parents, but at a recent review hearing CYF sought and was granted a goal change from reunification to a new permanent living arrangement.

On July 10,2014, CYF started this case, filing petitions to terminate the parental rights of D.R.S.C.’s mother and father. The parents contested these proceedings, asserting that CYF had not met its burden of proof. Alternatively, they offered evidence of a strong bond between D.R.S.C. and his mother and, to some extent, his father, and argued that it would not be in the child’s best interests to terminate parental rights.

What the Supreme Court calls “the clock of childhood” is ticking.

The court will terminate the parental rights of both parents, based on the following:

FINDINGS OF FACT

1. D.R.S.C. is a male minor child, bom November 7, 2003; he is eleven (11) years old.

2. D.R.S.C.’s parents are S.D.C. (“mother”) and T.F.C., Jr. (“father”).

3. D.R.S.C. has two siblings, T.F.C., III (age 17) and C.C. (age 15).

4. Although CYF has been involved with this family since 1999, D.R.S.C. has been in foster care through [136]*136CYF for two blocks of time; from November 22, 2010, to August 18, 2011, and from April 11, 2013, to the present.

5. D.R.S.C.’s two siblings are also in CYF foster care, although the dates of their placements do not exactly correspond to D.R.S.C.’s dates of placement.

6. Mother has a history of mental health problems, including emotional instability and issues with domestic violence, inadequate parenting, household management and housing.

7. Father has a history of substance abuse, unemployment, domestic violence, criminal violations, poor judgment and housing issues.

8. These problems caused D.R.S.C. and his two brothers to be placed in CYF foster care, most recently in April 2013.

9. For years CYF has provided mother and father with numerous services to address the issues that led to D.R.S.C.’s placement in foster care, including but not limited to, in-home services, family preservation services, family intervention services, life skills services, individual counseling, family group decision making, housing assistance, and family finding services, as well as regular contact with caseworkers from CYF and affiliated contract service providers.

10. Despite these services, mother and father have made minimal progress towards alleviating the circumstances which necessitated the child’s placement.

11. D.R.S.C. has been adjudicated dependent in proceedings in the Juvenile Dependency Court at #CP-15-51-2010.

12. What mother and father needed to do to regain custody of D.R.S.C. was spelled out and explained to [137]*137mother and father by CYF caseworkers through, inter alia, periodic family services plans, as well as through the various hearings and orders of the Juvenile Dependency Court. See (Ex. CYF-2.)

13. The Juvenile Court determined that mother and father have made “no” or “minimal” progress toward the initial goal of reunification with D.R.S.C. (Id.)

14. In 2014, mother appealed an order of the Juvenile Court to the Superior Court (since discontinued by mother). In an opinion pursuant to Pa.R.A.P. 1925(a), dated June 16, 2014, the honorable Anne Marie Wheatcraft, Juvenile Court judge, found that:

Mother has no insight as to how her behavior affects her children even after years of intensive services and weekly therapy. Mother avers she has made progress toward alleviating the conditions that first necessitated placement but even though she has consistently engaged in long-term weekly therapy and recovery programs there has been no improvement in her toxic behavior that causes emotional and psychological harm to her children.

(Ex. Child-1 (Opinion of 6/16/14 at pp. 6-7).)

15. Two caseworkers from CYF gave evidence in this case that neither parent made any real progress toward alleviating the conditions which led to D.R.S.C.’s placement in foster care.

16. Father was arrested on or about October 20, 2014, for driving under the influence. He pled guilty on January 13,2015, to at least his second driving under the influence charge and is awaiting sentencing. (Ex. CYF-1 (Docket no. 3604-2014).)

[138]*13817. There is a bond between D.R.S.C. and both mother and father; however, it is not a healthy bond.

18. Severing the bonds between D.R.S.C. and his parents through termination of parental rights will do less harm to D.R.S.C. than maintaining them.

19. D.R.S.C. has thrived in his foster home, and his earlier aggression and acting out have been ameliorated.

20. D.R.S.C. is an adoptable child.

21. His court appointed counsel adopts the proposed findings of fact and conclusions of law filed by CYF.

DISCUSSION

The grounds for involuntary termination of parental rights are set forth in the Adoption Act, 23 Pa. C.S.A. §2101, et seq. CYF seeks termination based on the following:

Section 2511. Grounds for involuntary termination
(a) General Rule — The rights of a parent in regard to a child may be terminated after a petition filed on any of the following grounds:
(1) The parent by conduct continuing for a period of at least six months immediately preceding the filing of the petition either has evidence of a settled purpose of relinquishing parental claim to a child or has refused or failed to perform parental duties.
(2) The repeated and continued incapacity, abuse, neglect or refusal of the parent has caused the child to be without essential parental care, control or subsistence necessary for his physical or mental well-being and the conditions and causes of the incapacity, abuse, neglect or refusal cannot or will not be remedied by the parent.
[139]*139* * *
(5) The child has been removed from the care of the parent by the court or under a voluntary agreement with an agency for a period of at least six months, the conditions which led to the removal or placement of the child continue to exist, the parent cannot or will not remedy those conditions within a reasonable period of time, the services or assistance reasonably available to the parent are not likely to remedy the conditions which led to the removal or placement of the child within a reasonable period of time and termination of the parental rights would best serve the needs and welfare of the child.
* * *
(8) The child has been removed from the care of the parent by the court or under a voluntary agreement with an agency, 12 months or more have elapsed from the date of removal or placement, the conditions which led to the removal or placement of the child continue to exist and termination of parental rights would best serve the needs and welfare of the child.

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Related

In Re Involuntary Termination of Parental Rights of Burns
379 A.2d 535 (Supreme Court of Pennsylvania, 1977)
In Re Adoption of Hamilton
549 A.2d 1291 (Supreme Court of Pennsylvania, 1988)
In Re Adoption of JJ
515 A.2d 883 (Supreme Court of Pennsylvania, 1986)
In re T.D.
949 A.2d 910 (Superior Court of Pennsylvania, 2008)
In re K.K.R.-S.
958 A.2d 529 (Superior Court of Pennsylvania, 2008)
In re T.S.M.
71 A.3d 251 (Supreme Court of Pennsylvania, 2013)

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Bluebook (online)
47 Pa. D. & C.5th 134, 2015 Pa. Dist. & Cnty. Dec. LEXIS 119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-drsc-pactcomplcheste-2015.