In Re: E.H., A.B., and C.B. Appeal of: J.H.

CourtSuperior Court of Pennsylvania
DecidedJune 13, 2017
DocketIn Re: E.H., A.B., and C.B. Appeal of: J.H. No. 1481 MDA 2016
StatusUnpublished

This text of In Re: E.H., A.B., and C.B. Appeal of: J.H. (In Re: E.H., A.B., and C.B. Appeal of: J.H.) 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: E.H., A.B., and C.B. Appeal of: J.H., (Pa. Ct. App. 2017).

Opinion

J-A09026-17

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

IN RE: E.H., A.B., AND C.B., IN THE SUPERIOR COURT OF PENNSYLVANIA

APPEAL OF: J.H.

No. 1481 MDA 2016

Appeal from the Order Entered August 12, 2016 In the Court of Common Pleas of Huntingdon County Orphans’ Court at No(s): 2016-0004, 2016-0005, 2016-0006

BEFORE: SHOGAN, OTT, and STABILE, JJ.

MEMORANDUM BY SHOGAN, J.: FILED JUNE 13, 2017

Appellant, J.H. (“Mother”), appeals from the order entered on August

12, 2016, terminating her parental rights to her three minor children E.H.,

A.B., and C.B. (collectively “the Children”).1 After review, we affirm.

____________________________________________

1 We note that Mother improperly filed a single notice of appeal. See Pa.R.A.P. 341, note (stating, inter alia, that where one order resolves issues arising on more than one docket or relating to more than one judgment, separate notices of appeal must be filed). However, had Mother filed separate notices of appeal challenging the termination of her parental rights to each child, the appeals likely would have been consolidated pursuant to Pa.R.A.P. 513. In light of this consideration and because we discern no impediment to appellate review, we shall proceed to address the merits of Mother’s appeals in this single memorandum. J-A09026-17

The record reflects that Mother is the biological mother of the Children.

J.B. is the biological father of A.B. and C.B.,2 and B.D. is the biological father

of E.H.3 The Children were declared dependent on August 8, 2013, and

subsequently placed in protective custody on February 14, 2014. The

Children were placed together in their current foster home on October 17,

2014.

The orphans’ court provided the following relevant factual background:

[Huntingdon County Children and Youth Services (“CYS” or “the Agency”)] was first introduced to [Mother] after she was charged with leaving two of her children unattended in a vehicle in May of 2013. Thereafter, the Agency continued to receive reports of [Mother] leaving the children unsupervised outside while at home. The children were again removed from [Mother’s] home after she left the children unattended in a vehicle for a second time. Throughout the investigation, [Mother] was reluctant to cooperate with the Agency. After being restricted to supervised visits in October of 2014, [Mother] never progressed to unsupervised visits due to the ever present concerns for the safety of the children. Dependency records showed repetitive concerns with [Mother’s] parenting abilities and with her ability to maintain a safe environment for the children.

The dependency orders also show that the Court has had concerns about [Mother’s] drug use. See October 29, 2014, Permanency Review Order. In September and October of 2014, [Mother]r had three peculiar hospital visits. On one of the trips a dose of Narcan, an opiate antidote, helped alleviate [Mother’s] ____________________________________________

2 J.B. has filed an appeal from the order involuntarily terminating his parental rights at a separate docket number and is not a party to this appeal. 3 B.D. voluntarily relinquished his parental rights to E.H. and is not a party to this appeal.

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symptoms. On another trip, she tested positive for substances that included methadone and benzodiazepines. On a third hospital trip, she left against medical advice. While [Mother] alleges that she suffers from a possible seizure disorder, we are not convinced that drug use was not at least a contributing factor in the hospital visits.

[M]other’s mental health condition and her inability to seek consistent treatment has resulted in many of the incidents. She has been diagnosed with anxiety and depression on Axis I, as well as a personality disorder on Axis II. She is not currently seeking treatment for those mental diagnoses. On her own volition, she stopped taking her prescribed medications in 2014. She has asserted that she does not believe in medication.3 The testimony of Dr. Chiswick, a licensed psychologist who conducted an evaluation of [Mother], unequivocally shows that the children have been at risk for serious injury due to the conduct of [Mother]. Dr. Chiswick testified that [Mother] lies about important issues, she is dependent on substances, and she cannot provide a safe environment for the children. The concerns for the safety of the children, [Mother’s] mental health issues and [Mother’s] dependence on substances have been repetitive. The [A]gency has provided services, parenting classes and mental health counseling, but [Mother] has made minimal, if any, progress toward becoming a suitable caretaker for the children. 3 Dr. Chiswick testified that [Mother] said, “I do not believe in doctors and medicine. I just believe in God and prayer. Medication kills you. And so long as I have my family, I will be fine.” N.T. 4/11/16, p. 42.

Since the children were removed from the home in 2014, [Mother] has not progressed past weekly supervised visitation. Even though [Mother] has undergone mental health treatment in the past, she testified that she currently is not seeking mental health treatment. [M]other has repeatedly proven that she is incapable of performing her parental duties and has failed to improve since the start of the dependency process.

***

Dr. Kristen Hennessy, a licensed psychologist and an advanced certified trauma practitioner, has been providing

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therapy for E.H. since October 1, 2015, and she sees E.H. twice weekly. She paints a picture of a child preoccupied with his safety, and one who suffers from post traumatic stress disorder. The most disturbing testimony from Dr. Hennessey was that “(E.H) has been afraid on multiple levels and has been surprised to hear that adults would do what was necessary to protect a child ....” N.T. 4/11/2016, p. 63. He also has a great fear that … [M]other and J.B. will come and get him. E.H is obsessed with fear, however he now only trusts his foster father to protect him, according to Dr. Hennessey. E.H. is a child who will be in care for a long period of time due to the failures of those charged with the duty to protect him.

J.B. was certainly aware of [Mother’s] deficiencies, yet he continued to place the children in the care of [M]other, both before and during the pendency of the dependency proceedings. The conduct of [Mother] is so bizarre and complex that J.B. cannot argue that he was not aware that her conduct was traumatizing the children.

When the Court was presented with facts regarding [Mother’s] conduct, the children were placed with [J.B] with the direction to reside at paternal grandfather’s house with the children. To put it bluntly, this Court took a chance by allowing [J.B.] to parent on his own. Individuals at the Agency (including their solicitor) had multiple conversations with [J.B.] about not allowing contact with [Mother]. Instead, after the children were removed from [Mother’s] care by the Court, they were reunited with her by [J.B.]. [J.B.] was well aware of [Mother’s] destructive path at this point, and well aware of the Court Order dated February 19, 2014.

Even after the children were exposed to multiple family trips to the emergency room evidencing the bizarre behavior of [M]other in September and October of 2014, [J.B.] continued to reside in the same house with [Mother] and the children. It was only through [Mother’s] medical records that the Agency discovered that [J.B.], Mother, and the Children] were living together again. [J.B] explained his contemptuous and dangerous actions as “bad judgment” and a “mistake.” While we agree with his assessment, we cannot allow such potentially horrific

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