In re: J.J.A.B., Jr. Appeal of: L.A.B.

CourtSuperior Court of Pennsylvania
DecidedJanuary 28, 2015
Docket2303 EDA 2014
StatusUnpublished

This text of In re: J.J.A.B., Jr. Appeal of: L.A.B. (In re: J.J.A.B., Jr. Appeal of: L.A.B.) 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: J.J.A.B., Jr. Appeal of: L.A.B., (Pa. Ct. App. 2015).

Opinion

J-S02044-15

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

IN RE: ADOPTION OF J.J.A.B., JR. IN THE SUPERIOR COURT OF PENNSYLVANIA

APPEAL OF: L.A.B., MOTHER No. 2303 EDA 2014

Appeal from the Decree of July 1, 2014 In the Court of Common Pleas of Delaware County Orphans’ Court at No.: 0120-2013

BEFORE: MUNDY, J., OLSON, J., and WECHT, J.

MEMORANDUM BY WECHT, J.: FILED JANUARY 28, 2015

L.A.B. (“Mother”) appeals the July 1, 2014 decree that involuntarily

terminated her parental rights to her son, J.J.A.B. (“Child”), who was born in

August 2004. After careful review, we affirm.

The record supports the following summary of the factual and

procedural history of this case. In June of 2011, a relative reported to the

Delaware County Department of Children and Youth Services (“CYS”) that

Mother and Child were wandering the streets homeless. The relative also

reported that Mother’s mental health was deteriorating, that Mother had

removed Child from school, and that Child’s teeth were decaying. CYS was

unable to locate Mother or Child, and the agency terminated its investigation

in July of 2011. J-S02044-15

On October 17, 2011, CYS received a second report from a relative

indicating that Mother had been involuntarily committed to Crozer Chester

Medical Center following a 302 hearing.1 Mother falsely reported to the

Brookhaven Police Department that her entire family had been murdered.

Officers went to the scene of the alleged homicides, but found no evidence

that any crime had been committed. After speaking with Mother’s father,

the police assured Mother that her family was alive and well. Nevertheless,

Mother continued to insist that her father had been killed and “cloned.”

Notes of Testimony (“N.T.”), 5/19/2014, at 10.

In response to Mother’s involuntary commitment, CYS implemented a

safety plan and placed Child with his paternal grandmother.2 Following

Mother’s release from Crozer Chester Medical Center, Mother refused to

cooperate with CYS’s investigation. On October 31, 2011, Mother violated

the safety plan by removing Child from his grandmother’s home. CYS

sought protective custody of Child, which the trial court awarded on

November 2, 2011. On November 3, 2011, the Chester Police Department

located Mother and Child. Mother was arrested and charged with

interference with the custody of children, obstructing the administration of

____________________________________________

1 See 50 P.S. § 7302 (allowing for involuntary emergency examination and treatment not exceeding one hundred twenty hours). 2 Child’s biological father, J.B., was the victim of a homicide in 2004.

-2- J-S02044-15

law or other governmental function, and endangering the welfare of

children.3 Child initially was placed in a foster home, but later was returned

to his paternal grandmother.

On November 29, 2011, the trial court adjudicated child dependent

and awarded physical and legal custody to CYS. CYS attempted to provide

Mother with services designed to assist her in regaining custody of Child, but

Mother refused to comply with CYS’s recommendations. Specifically, Mother

refused (1) to participate in parenting classes; (2) to seek mental health

treatment; and (3) to undergo a drug and alcohol evaluation. Despite

Mother’s uncooperativeness, CYS continued to develop a plan to reunify

Mother and Child.

Mother’s dealings with CYS became increasingly hostile, with Mother

frequently expressing delusional beliefs about CYS and its involvement with

Child. For example, Mother believed that CYS had kidnapped Child and that

CYS caseworkers were actively stalking her. Mother also alleged that CYS

had “surgically altered” Child. N.T., 5/19/2014, at 48. In January of 2012,

Mother filed for a protection from abuse order4 against CYS caseworkers.5

3 18 Pa.C.S. §§ 2904, 5101, and 4304, respectively. 4 See 23 Pa.C.S. §§ 6106, et seq. 5 The petition ultimately was denied.

-3- J-S02044-15

On February 16, 2012, Stephen Mechanick, M.D., conducted a

psychiatric evaluation of Mother and concluded that she did not have the

ability safely and adequately to parent Child. Dr. Mechanick explained as

follows:

When I met with [Mother,] I thought she was guarded and suspicious. She didn’t appear to be particularly depressed or anxious and she described her mood as “good” and “normal.” [Mother’s] thought content showed evidence of paranoia and paranoid delusions. She did not have any suicidal or violent thoughts and she denied experiencing any auditory or visual hallucinations. I thought she had some difficulty with some of the cognitive evaluation, including naming presidents in order, subtraction, fund of information. I ask people to name three major U.S. cities and she had difficulty with that. And she had some difficulty with abstraction. So there was some cognitive difficulty that she displayed during my examination.

***

My conclusion was that her current diagnosis at that time was delusional disorder, persecutory type. Basically, she appeared to have a psychotic disorder with these paranoid features and delusions for many years[.] I also thought she had poor insight about her mental illness. She also had poor insight about how her mental illness might be affecting [Child.] And I also noted some concern about potential safety issues for [Child] were she to act on her paranoid thoughts while with [him].

At the time I recommended that [Mother] have psychiatric treatment. I thought she should have counseling to try to help her understand the nature of her mental illness. I thought that she should be prescribed medication to see if it could reduce or eliminate her delusional thinking. I recommended parenting classes to improve her parenting skills, as well as to provide feedback about how she actually was performing with her parenting. I recommended that all visits be supervised because of her history . . . with her son as well.

-4- J-S02044-15

N.T., 5/19/2014, at 14-16.

Despite Dr. Mechanick’s recommendations and CYS’s reunification

plan, Mother continued to insist that she was not suffering from any

psychological issues and refused to participate in any of the mental health

services offered by CYS. Mother also refused to participate in a bonding

evaluation between herself and Child. She refused to assist CYS with

general case planning. She refused to disclose any information regarding

her living situation or her employment status. Mother’s dealings with CYS’s

caseworkers were often argumentative, and she attended only fourteen of

the fifty-two bi-weekly visits with Child that CYS offered her.

On November 21, 2013, CYS filed a petition to terminate Mother’s

parental rights. The trial court held hearings on the petition on May 19,

2014, and June 27, 2014. On July 2, 2014, the court issued a decree

terminating Mother’s parental rights pursuant to 23 Pa.C.S. §§ 2511(a)(1),

(a)(2), (a)(5), (a)(8), and (b). On July 29, 2014, Mother timely filed a

notice of appeal and a concise statement of errors complained of on appeal

pursuant to Pa.R.A.P. 1925(a)(2)(i). On September 5, 2014, the trial court

filed its Rule 1925(a) opinion.

Mother presents the following questions for our review:

1. Whether the trial court’s rulings were supported by sufficient evidence.

a.

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In re: J.J.A.B., Jr. Appeal of: L.A.B., Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jjab-jr-appeal-of-lab-pasuperct-2015.