In re E.M.M.

25 Pa. D. & C.5th 107
CourtPennsylvania Court of Common Pleas, Bucks County
DecidedJuly 12, 2011
DocketNo. 2011-9034
StatusPublished

This text of 25 Pa. D. & C.5th 107 (In re E.M.M.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Bucks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re E.M.M., 25 Pa. D. & C.5th 107 (Pa. Super. Ct. 2011).

Opinion

MCMASTER, J.,

C.C. (hereinafter referred to as “mother”) has appealed our May 20, 2011, Decree granting the petition of Bucks County children & Youth Social Service agency (hereinafter referred to as the “agency”) to terminate mother’s parental rights as to E.M.M., Jr., and A.R.M. (hereinafter referred to as “children”). Mother is the natural mother of both children. Both children were adjudicated dependent in Bucks County on February 8,2010. A lengthy evidentiary hearing regarding both children spanned two days and was held on May 12,2011, and May 13, 2011. On May 12,2011, prior to commencing the hearing regarding mother’s parental rights, children’s putative father, E.M.M., participating via telephone, voluntarily relinquished his parental rights as to children.

BACKGROUND

E.M.M., Jr., was bom to mother on June 24, 2003. A.R.M. was bom to mother approximately three years later on February 24, 2006. Children initially came into the care of the agency on February 8, 2010. However, in July 2008, children came into the care of their paternal aunt and uncle, Teresa and Gary Merrigan, and have been residing with that family ever since. Children have not resided with mother or E.M.M. since prior to July 10, [110]*1102008.

Mother, currently age 29, is a high school graduate with a further diploma from DBT Business School in web development, and she has some completed college credits. N.T. 5/12/2011, p.77; Ex. M-6. She is currently unemployed, but she does have work experience as a legal secretary. N.T. 5/12/2011, p.77; Ex. M-6. Mother has been independent since the age of 19 and has maintained her own household in some form or another since then, with a short stint in a homeless shelter at an unknown time. N.T. 5/12/2011, p.82. She currently resides in a studio apartment in Philadelphia, which she acknowledges would not be an appropriate arrangement for a mother with two children residing with her. N.T. 5/12/2011, pp.31 - 32. Mother’s current income consists of approximately $175 a week in unemployment compensation. N.T. 5/12/2011, p.32. Her current rent payment is $600 a month, and she receives assistance in the form of food stamps. N.T. 5/12/2011, p. 113. With her remaining funds every month, she spends approximately $50 maintaining a cell phone, $83 on a transit pass, and $15 every two weeks, on pay day, purchasing the illegal drug PCP. N.T. 5/12/2011, pp.113, 118. Mother acknowledges that PCP remains in her system for weeks at a time. N.T. 5/12/2011, p.104. Mother acquires her drugs in what appears to this court to be a drive-by drug deal in a gas station parking lot. N.T. 5/12/2011, p.106. Mother’s drug of choice has the street name “wet,” and she ingests it by smoking a cigarette dipped in PCP. N.T. 5/12/2011, p.106. Mother also realizes that she is ingesting a substance that consists at least partly of embalming fluid. N.T. 5/12/2011, p.107.

Mother’s PCP habit is the primary reason the children [111]*111came into the care of Teresa and Gary Merrigan. Teresa Merrigan testified that she had concerns early on in her relationship with mother that mother was actively using drugs, and those concerns continued after both children were bom. N.T. 5/13/2011, pp.5-6. On July 10, 2008, the children began residing at the Merrigan residence. N.T. 5/13/2011, p.8. On July 16, 2008, mother and E.M.M. returned, ostensibly to pick their children up and prevent them from going on vacation with the Merrigans. N.T. 5/13/2011, p.8. However, though mother and E.M.M. were indicating that they wanted the children returned to them, mother simultaneously gave Ms. Merrigan the children’s birth certificates, Social Security cards, and insurance cards, and permitted them to go on vacation. N.T. 5/13/2011, pp.9-10. Ms. Merrigan then realized that both mother and E.M.M. were presently under the influence of some substance while this conversation was occurring. E.M.M. admitted he had used dmgs prior to arriving at the Merrigan home, and mother stated she only took what her doctor had given her. N.T. 5/13/2011, pp.9-10. Mother and E.M.M. later that day decided to give the Merrigans temporary guardianship of both children, and that decision is memorialized in Exhibit GAL-1. Their reasons for doing so are stated in GAL-1, and Ms. Merrigan indicated that she discussed with mother her reasons for granting guardianship to the Merrigans. “The meaning was that she would go into a rehab program and try to stay off of the dmgs that she was continually using.” N.T. 5/13/2011, p.19. Mother had also added that the Merrigans would have guardianship of the children until she was financially stable. Ex. GAL-1.

Mother has had an ongoing substance abuse problem [112]*112since prior to when her children began living with the Merrigans and continuing until the present time. Ms. Merrigan testified that she had an inclination that mother and E.M.M. were both using drugs. On July 10, 2008, E.M.M. was admitted to the hospital after becoming unresponsive following his drug use. N.T. 5/13/2011, p.10. Mother spoke with Ms. Merrigan later that day, and mother admitted that she was also currently using drugs, but wanted to get help. Both mother and E.M.M. requested that Ms. Merrigan take the children to the Merrigan home while mother and E.M.M. dealt with their drug issues. N.T. 5/13/2011, p.12. As previously discussed, mother and E.M.M. arrived at the Merrigan residence six days later on July 16,2008, attempting to collect their children. Both parents were under the influence of some substance at that time. Since then, mother has been in and out of inpatient and outpatient rehabilitation programs, but she still is a regular user of PCP and has not indicated that this will change anytime in the near future.

Once the children began living with the Merrigans, mother would visit about once every two weeks. However, the Merrigans were forced to end mother’s visits in February 2009 due to mother’s inappropriate behavior around the children. N.T. 5/13/2011, p.20. On one occasion, mother improperly supervised A.R.M., the youngest brother, while putting him down for his nap. Mother fell asleep and allowed A.R.M. to roam the room alone, destroying various papers in the Merrigans’ home office and pouring water on the furniture. A.R.M. would have been about two or three years old at that time. When confronted, mother’s only explanation was “that she was tired.” N.T. 5/13/2011, p.21. At her last [113]*113visit, mother demonstrated behaviors that suggested she was under the influence while visiting her children. “She would start talking about one thing and in midstream of a sentence change to another. Very agitated, very short with the children. It just - it wasn’t like her normal visits had been going.” N.T. 5/13/2011, p.22. After this visit, the Merrigans no longer welcomed her to their home to visit her children. Mother did not visit with her children until after the agency became involved, at least a year later.

After mother lost her privileges to visit the Merrigan home, her drug problem became more entrenched. In September 2009, she spent two weeks as an inpatient at Fairmount Behavioral Health, but left against medical advice. N.T. 5/12/2011, p.34. From October 2009 through December 2009, mother attended outpatient treatment at Self, Incorporated. After a short break from treatment, mother spent nearly a month as an inpatient at Kirkbride, from February 24, 2010 through March 18, 2010. Following her discharge from Kirkbride, she entered intensive outpatient treatment at The Wedge, attending treatment three times a week. N.T. 5/12/2011, pp.34-35.

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Bluebook (online)
25 Pa. D. & C.5th 107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-emm-pactcomplbucks-2011.