In re Involuntary Termination of Parental Rights to K.M.C.T.

82 Pa. D. & C.4th 75
CourtPennsylvania Court of Common Pleas, Lehigh County
DecidedSeptember 14, 2006
Docketnos. A2006-0030, A2006-0031, A2006-0032
StatusPublished

This text of 82 Pa. D. & C.4th 75 (In re Involuntary Termination of Parental Rights to K.M.C.T.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lehigh County 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 K.M.C.T., 82 Pa. D. & C.4th 75 (Pa. Super. Ct. 2006).

Opinion

BLACK, J.,

Before the court for disposition are (a) the petition filed by Office of Children and Youth Services (OCYS) for the involuntary termination of the parental rights of the biological mother M.L.T., to her minor children, K.M.C.T., M.J.T. and S.L.C.S., and (b) the petition of OCYS for the involuntary termination of the parental rights of the biological father J.R.B., to his minor daughter K.M.C.T. A hearing was held on these petitions on June 8 and 9,2006. From this hearing we make the following findings of fact and conclusions of law:

FINDINGS OF FACT

I. General Findings

(1) K.M.C.T. is a female child born May 22, 1997, in Lehigh County, Pennsylvania.

(2) M.J.T. is a male child bom June 12,2000, in Lehigh County, Pennsylvania.

(3) S.L.C.S. is a female child born February 1, 1993, in Lehigh County, Pennsylvania.

[77]*77(4) M.L.T. (Mother) is 32 years old, single, and the biological mother of K.M.C.T., M.J.T. and S.L.C.S.

(5) J.R.B. is 51 years old, single, and the biological father of K.M.C.T. J.RB.’s paternity was confirmed by a paternity test.1

(6) The biological father of M.J.T. has only been identified as “B.”2

(7) B. was not present for the hearing on June 8,2006. B. was provided notice of the hearing through publication.3

(8) A.V.E. is the biological father of S.L.C.S.4

(9) A.V.E. was not present for the hearing on June 8, 2006. His last known whereabouts are in Georgia.5

(10) OCYS unsuccessfully attempted to serve A.V.E. in Georgia regarding the termination hearing. A.V.E. has not been present for any of the juvenile proceedings, nor has he contacted OCYS.6

II. Findings As to Mother

(11) Mother was present for the hearing on the petition to terminate her parental rights on June 8,2006, and was represented by legal counsel.

(12) Mother admits that on May 15 or 16, 2004, S.L.C.S. told her that she was being sexually abused by a man living in their home, C.L.W.7 Mother allowed [78]*78C.L.W. to continue residing in the home for at least another 12 days.8

(13) OCYS received a referral regarding Mother on or about May 28,2004. The referral consisted of a report of sexual abuse against S.L.C.S.9

(14) OCYS had previously been involved with the family for issues of hygiene and truancy.10

(15) On May 28, 2004, OCYS obtained emergency custody of K.M.C.T., M.J.T. and S.L.C.S. and they were placed into foster care.11

(16) The report of sexual abuse was given a founded status, naming C.L.W., Mother’s paramour, as a perpetrator of sexual abuse with permission, and Mother as a perpetrator of sexual abuse by omission.12

(17) At the time OCYS received the referral C.L.W. was residing with Mother as her boyfriend.13

(18) A perpetrator of sexual abuse by omission means that Mother was aware that the abuse was occurring, and failed to take any steps to report the abuse or protect her child.14

(19) On July 9, 2004, K.M.C.T., M.J.T. and S.L.C.S. were adjudicated dependent. Mother was present at the hearing.15

[79]*79(20) Mother was court-ordered to cooperate with recommendations of S.L.C.S.’s treatment provider, cooperate with criminal and child protective services investigations, insure that the children have no contact with the perpetrator, undergo an evaluation and assessment with Forensic Treatment Services and cooperate with recommendations, cooperate with OCYS, and attend biweekly supervised visits with the children.16

(21) The juvenile court order of July 9, 2004, for K.M.C.T. stated that17

“(d) On May 27, this juvenile was taken into emergency custody. At the time of the placement Mother’s home was dirty and cluttered and smelled. The juvenile’s hygiene upon placement was not satisfactory. And the home also smelled heavily of cigarette smoke.

“(e)...

“(f) Juvenile’s older sister has been the victim of sexual abuse by C.L.W. C.L.W. also assaulted juvenile’s older subbing [sic] while this juvenile was present.”

(22) Forensic treatment services is an agency that provides treatment to sexual offenders, nonoffending parents, and victims of sexual and physical abuse.18

(23) In July of2004, Mother began individual counseling at Confront.19

(24) On August 17,2004, C.L.W. was arrested due to his abuse of S.L.C.S. and charged with aggravated indecent assault without consent, aggravated indecent assault forcible compulsion, aggravated indecent assault on a [80]*80person less than 13 years of age, aggravated indecent assault of a child, indecent assault without consent of others, indecent assault mental disease defect, indecent assault of a person less than 13 years of age, and corruption of minors.20

(25) On August 19, 2004, as a result of the sexual abuse, Mother was arrested and charged with endangering the welfare of a child, being S.L.C.S.21

(26) In September 2004, Mother began attending group therapy sessions at Confront.22

(27) A permanency review hearing was held on September 14, 2004. Mother was present for the hearing.23

(28) The September 14, 2004, court order noted that Mother was cooperating with services. At the time of the review hearing Mother had started individual counseling and nonoffending parent treatment group counseling, both through Confront.24

(29) Ann Friedenheim M.A., C.A.C.D., Mother’s counselor at Confront submitted a report dated September 7, 2004, stating that Mother was participating in treatment.25

(30) At the time of the review hearing Mother continued to have supervised visitation with the children.26

[81]*81(31) On October 12, 2004, Mother entered a plea of guilty to endangering the welfare of a child.27

(32) A permanency review hearing was held on March 8,2005. The court determined that Mother was complying with services.28 Mother was present for this hearing.

(33) Ms. Friedenheim, M.A., C.A.C.D., submitted another status report dated March 7, 2005, disclosing that Mother’s attendance at therapy was excellent. Mother was doing well in individual counseling, but was struggling to adjust to group therapy.29 In group therapy Mother had a detached relationship with the other women.30 Mother also had requested therapy with her daughter, and family therapy sessions were therefore being instituted.31

(34) On March 14, 2005, C.L.W.

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Bluebook (online)
82 Pa. D. & C.4th 75, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-involuntary-termination-of-parental-rights-to-kmct-pactcompllehigh-2006.