In re Involuntary Termination of Parental Rights to E.M.

908 A.2d 297, 2006 Pa. Super. 248, 2006 Pa. Super. LEXIS 2796
CourtSuperior Court of Pennsylvania
DecidedSeptember 11, 2006
DocketNos. 683 EDA 2006 and 829 EDA 2006
StatusPublished
Cited by34 cases

This text of 908 A.2d 297 (In re Involuntary Termination of Parental Rights to E.M.) 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 Involuntary Termination of Parental Rights to E.M., 908 A.2d 297, 2006 Pa. Super. 248, 2006 Pa. Super. LEXIS 2796 (Pa. Ct. App. 2006).

Opinion

OPINION BY

TAMILIA, J.:

¶ 1 P.F., natural mother, appeals from the February 24, 2006 Order terminating her parental rights to her minor children, R.M., born September 21, 1990, and E.M., born November 15, 1991. Minor child E.M. also appeals from the Order.1 The two cases have been consolidated for our review.

¶ 2 The factual and procedural history of the case is as follows. On April 22, 2003, the children were placed with the Lehigh County Office of Children and Youth Services (CYS), after police took emergency custody of them due to mother’s arrest for assaulting her 17-year-old stepson.2 N.T., 10/7/05, at 12, 15. With neither parent present, the children were adjudicated dependent on May 1, 2003. Id. at 12. Mother alleged she was in a car accident on the way to the May 1st hearing and requested a rehearing, which was held on June 12, 2003, after which the children were again adjudicated dependent. Id. at 14, 16, 49. The permanency plan at that time was “return to home” and the court ordered a 60-day review in anticipation that the goal would be realized by that time. Id. at 16-[300]*30017. Mother was ordered to complete a psychological evaluation and follow through with all recommendations of the evaluator, resolve her criminal issues and activities, obtain housing and a legal source of income, participate in counseling as well as any other of CYS’s recommendations, including anger management and domestic violence classes. Id. at 17. She was granted liberal phone contact with the children and supervised visitation, which could be increased in frequency as deemed appropriate. Id.

¶ 3 At the August 14, 2003 review hearing, the court concluded mother failed to comply with the psychological evaluation, failed to obtain housing and income, failed to remain arrest free, and failed to maintain contact with her children.3 Id. at 20. Underlying the court’s determination were the following facts. Since the prior hearing, mother moved from Allentown to Bethlehem, and then to a family shelter in Norfolk, Virginia, all without notifying CYS. Id. at 18. She had attended only six of eleven possible visits with the children. She had confirmed some of the missed visits, thus the children were taken to the place of the scheduled visit, yet she failed to appear, causing the children “grave disappointment.” Id. at 20. Although granted two phone calls per week, she called only four times in the 60-day period. Id. at 18-19. Mother also was arrested on July 2, and spent six days in Lehigh County Prison for criminal contempt charges filed by father. Id. at 18. Mother initially refused to sign consent forms for her children to obtain counseling and other sendees through CYS, but finally complied on July 31, 2003. Id. at 19. Mother made an appointment for the requisite psychological evaluation but failed to attend. Id. at 18, 54-55. The court ordered another six-month review hearing. In the interim, mother was to accomplish essentially the same objectives as previously had been established: complete a psychological evaluation and follow through with recommendations, obtain housing and income, resolve all her criminal charges, participate in counseling services, and maintain supervised visits with the children. Id. at 20-21.

¶ 4 Mother was present by phone for the next review hearing on February 12, 2004, at which time it was determined she again had failed to achieve all of the objectives set for her. She failed to resolve her criminal issues, and failed to obtain housing and income. Id. at 22-23. During this six-month period, mother did not maintain contact with the agency and the agency did not know her whereabouts. She reportedly had lived in Virginia, Louisiana, and California, and as of the hearing date, in Mexico, but did not have a permanent address. Id. at 22-23. She did not complete a psychological evaluation or counseling. Further, she did not attend a single visit with her children during this period, and was inconsistent in maintaining phone contact with them. Id. As a result, the goal was changed from return home to termination of parental rights for adoption. Id. at 23.

¶ 5 CYS informed mother of the goal change by letter in April 2004, and also informed her of the services in which she was to participate. Id. at 24. Mother, however, made no contact with CYS until [301]*301August 25, 2004, the day before the next permanency review hearing was scheduled to take place, when she called and informed CYS that she had an income, and was ready to come to Pennsylvania, visit with the children, and comply with services. Id. at 24-25. She was present by phone for the August 26, 2004 hearing and reiterated to the court that she intended to resume visitation with the children. Id. at 26. Also at that hearing, the court ordered that any phone calls between mother and children were to occur during the children’s therapy sessions since her inconsistency in calling had negatively affected the children, and also because when she did call, she incorrectly informed the children that she did all she could but CYS still kept her from visiting the children, causing the children to act out against their foster mother. Id. at 25-26, 60-61. In addition, mother informed the court that she had open criminal charges in Florida. Id. at 28-29, 50, 54. The court ordered a three-month review healing.

¶ 6 Mother did not attend the November 18, 2004 review hearing. She called that morning, at approximately 8:45 a.m., fifteen minutes before the hearing was scheduled, and requested a continuance, alleging she had the flu and was not thinking clearly. Her request was denied, id. at 28, and at the hearing, the court learned that despite mother’s representations to the contrary, and despite CYS’s continued willingness to arrange visitation for mother, mother did not appear for a single visit with the children. Id. at 26, 59-60. As for the requirement that mother undergo a psychological evaluation, mother provided her attorney with a letter indicating she had begun the evaluation. CYS sent letters to the psychologist in September and October of 2004 requesting a copy of the evaluation but received no response.4 Id. at 29. The court determined mother did not comply with any of the objectives set for her. Id. at 28. It was also learned mother was circumventing the requirement that she contact the children via phone during therapy sessions, by communicating with the children via email. Id. at 30-31. In addition, mother continued to be difficult for CYS to contact. The phone number she provided was not functional, and mail that was sent to the address she provided was returned to CYS. Id. at 32. Mother also provided an address of a home she acquired in Mexico through a divorce settlement. She did not live there, however. Id. at 29, 32. At the end of the hearing, the court ordered that mother comply with the same objectives that had been set repeatedly. Id. at 29-30.

¶ 7 CYS filed a petition for involuntary termination on February 7, 2005, and a final review hearing was held on May 5, 2005. Id. at 32-33. From November 2004 until that time, mother had not met any of the objectives. Id. at 32-33. In January 2005 she provided an address for her cousin’s house where mother then lived, and at which she could receive mail.

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Bluebook (online)
908 A.2d 297, 2006 Pa. Super. 248, 2006 Pa. Super. LEXIS 2796, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-involuntary-termination-of-parental-rights-to-em-pasuperct-2006.