J-S30032-24
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
IN RE: K.R., A MINOR : IN THE SUPERIOR COURT OF : PENNSYLVANIA : APPEAL OF: J.S, MOTHER : : : : : : No. 814 MDA 2024
Appeal from the Order Entered May 28, 2024 In the Court of Common Pleas of Lycoming County Orphans' Court at No(s): 2023-6857
IN RE: A.S., A MINOR : IN THE SUPERIOR COURT OF : PENNSYLVANIA : APPEAL OF: J.S., MOTHER : : : : : : No. 815 MDA 2024
Appeal from the Order Entered May 28, 2024 In the Court of Common Pleas of Lycoming County Orphans' Court at No(s): 2023-6858
BEFORE: PANELLA, P.J.E., SULLIVAN, J., and STEVENS, P.J.E.*
MEMORANDUM BY STEVENS, P.J.E.: FILED: SEPTEMBER 30, 2024
J.S. (“Mother”) appeals the order of the Court of Common Pleas of
Lycoming County that involuntarily terminated her parental rights to her
biological daughters: K.R., born in March 2011, and A.S, born in August 2018
____________________________________________
* Former Justice specially assigned to the Superior Court. J-S30032-24
(collectively “Children”).1 After careful review, we affirm the order
involuntarily terminating Mother’s parental rights.
We gather the relevant factual and procedural history of this matter
from the certified record. When Dauphin County Social Services for Children
and Youth (“the Agency”) became involved in Mother’s life, Mother lived with
her two daughters along with her husband, A.S.’s father, who also has the
initials A.S. K.R.’s father, who also has the initials K.R., has had minimal
involvement in his daughter’s life due to addiction issues.
In December 2021, Mother initiated a Child Protective Services (CPS)
report by notifying police that she had discovered sexually explicit photos of
K.R.’s vaginal area and buttocks on A.S.’s father’s phone; the photos appeared
to have been taken while K.R. was sleeping. Notes of Testimony (N.T.),
10/11/23, at 105-110. Mother also found inappropriate text messages A.S.’s
father sent to K.R. Term. Petition (K.R.), at 4. Mother also reported that
when she confronted A.S.’s father, he punched her in the face, put a gun to
her head, and threatened to kill her. Term. Petition (K.R.), at 4.
Although Mother made this initial report to the police, Mother was not
cooperative with the Agency’s subsequent investigation into the matter,
claiming that she had overexaggerated and misinterpreted the incident which ____________________________________________
1 In the order docketed at case 2023-6857, the orphans’ court also terminated the parental rights of K.R.’s biological father, who also has the initials K.R. In the order docketed at case 2023-6858, the orphans’ court also terminated the parental rights of A.S.’s biological father, who also has the initials A.S. Neither father appealed the orphans’ court’s termination order.
-2- J-S30032-24
she characterized as an “accident.” N.T., 10/11/23, at 109. Mother indicated
that A.S.’s father told her that K.R. took the explicit photos of herself on her
phone and A.S.’s father transferred them onto his phone in order to tell
Mother. Term. Petition (K.R.), at 4. Thereafter, Mother refused to allow the
Children to be interviewed by the Children’s Advocacy Center (CAC) and
prohibited the Agency from entering her residence for a home visit. N.T.,
10/11/23, at 109-118.
In addition, the Agency received reports that K.R. had not been
attending the cyber school that she was enrolled in and discovered that her
computer was broken. N.T., 10/11/23, at 111-12; Term. Petition (K.R.), at
4. The Agency reported that there have been truancy issues dating back to
2019 for Mother’s failure to ensure that K.R. was attending school
consistently. Term. Petition (K.R.), at 4. Further, a parent of one of the
Children’s friends reported to the Agency that she had found that Mother had
left the Children unsupervised while she had passed out as a result of her
intoxication. The parent sent the agency photos of Mother’s home, showing
the residence was in a deplorable condition. N.T., 10/11/23, at 111-12.
Thereafter, as Mother continued to refuse the Agency’s requests for
home visits, the Agency sought and obtained permission to compel entry into
Mother’s home with the assistance of law enforcement. After the Agency
determined that the Children were not safe with Mother due to the condition
of her residence, Mother requested that the Children be permitted to stay with
K.S., the paternal aunt of A.S. (“Paternal Aunt”). N.T., 10/11/23, at 118.
-3- J-S30032-24
On January 23, 2022, Mother requested for Children to be returned to
her care, averring that A.S.’s father was no longer in the house. Term. Petition
(K.R.), at 4. The Children were returned to her care as a dependency petition
had not yet been filed. N.T., 10/11/23, at 118. On a subsequent home visit,
the Agency discovered that Mother had allowed A.S.’s father to come back
into her home. N.T., 10/11/23, at 119-20.
On January 28, 2022, the Agency filed a dependency petition for both
children. After the orphans’ court held a hearing, the Children were
adjudicated dependent on February 11, 2022. The Children were placed with
the Agency for their legal and physical custody; the Agency arranged for the
Children to be placed in the care of A.S.’s paternal grandparents. N.T.,
10/11/23, at 123. Thereafter, Paternal Aunt moved in with Paternal
Grandparents’ home to assist with the Children’s care and indicated that she
would be an independent placement resource for Children once she was able
to obtain adequate housing. N.T., 10/11/23, at 38.
At the dependency hearing, Mother, K.R.’s father, and A.S.’s father were
given drug tests and all three parents tested positive for controlled
substances. N.T., 10/11/23, at 123. Mother, K.R.’s father, and A.S.’s father,
were ordered to obtain drug and alcohol assessments, submit to random drug
testing, undergo a psychological assessment, and to engage with Outreach
Services for assistance with housing, parenting, and budgeting. N.T.,
10/11/23, at 126.
-4- J-S30032-24
Mother never completed the court-ordered drug and alcohol assessment
and did not undergo a psychological assessment. N.T., 10/11/23, at 142-43.
When Mother did not seek assistance from Outreach Services, her services
were closed and she did not make a request for her case to be reopened. N.T.,
10/11/23, at 142-43. With respect to the drug screens, Mother only
participated in screens given at court sessions. N.T., 10/11/23, at 143. After
her initial positive drug test at the dependency hearing, Mother repeatedly
tested positive on multiple occasions for methamphetamines, amphetamines,
fentanyl, and other controlled substances. N.T., 10/11/23, at 143-44.
With respect to visitation, Mother was granted two weekly supervised
visits with the Children after they were adjudicated dependent. N.T.,
10/11/23, at 22. After Mother failed to appear for visitation on multiple
occasions in which the Children had already arrived and were waiting for
Mother, the Agency required that Mother check-in with the agency at various
times on the date of visitation to confirm she would attend the visit. N.T.,
10/11/23, at 23-24. Mother continued to struggle with being timely with
appointments even when required to submit to call-in status. N.T., 10/11/23,
at 22.
In November 2022, the Agency permitted Paternal Aunt to take custody
of the Children in the home she had renovated. N.T., 10/11/23, at 125.
Children have remained with Paternal Aunt since that date. N.T., 10/11/23,
at 125. Mother continued to live with A.S.’s father after the Children were
adjudicated dependent and has denied the Agency access to her home. N.T.,
-5- J-S30032-24
10/11/23, at 125, 138-39. The Agency reported that Mother’s landlord was
granted a money judgment against her on July 6, 2023 and was pursuing
eviction. N.T., 10/11/23, at 140.
On March 2, 2023, the Agency filed a petition to involuntarily terminate
Mother’s parental rights pursuant to 23 Pa.C.S.A. § 2511(a)(1), (2), (5), (8),
and (b). The orphans’ court held a termination hearing on October 11, 2023,
at which time K.R. was twelve years old and A.S. was five years old.2 Therein,
the Agency adduced testimony from, inter alia, K.S. (“Paternal Aunt”) as well
as Agency caseworkers Tammy Reeder and Colleen Bolten. Mother was
represented at the hearing by counsel and also testified on her own behalf.
The orphans’ court left the record open to allow for the completion of a
bonding assessment. Thereafter, the orphans’ court held an additional
hearing on January 17, 2024 at which Dr. Denise Feger, Ph.D. testified as to
her bonding assessment of Mother and the Children.
In two separate orders entered May 28, 2024, the orphans’ court
involuntarily terminated Mother’s parental rights pursuant to Sections
2511(a)(1), (2), (5), (8), and (b). On June 5, 2024, Mother filed timely
notices of appeal along with a concise statement of errors complained of on
appeal pursuant to Pa.R.A.P. 1925(a)(2)(i) and (b). On June 17, 2024, this
2 Angela Lovecchio, Esquire, served as Children’s guardian ad litem during the termination hearing and advocated in their best interests. Johanna Berta, Esquire, served as the Children’s legal counsel during the termination hearing. N.T., 10/11/23, at 2-4.
-6- J-S30032-24
Court entered an order consolidating the cases sua sponte pursuant to
Pa.R.A.P. 513.
Mother raises the following issues in her appellate brief:
Whether the trial court erred in terminating Mother’s parental rights because the best interests of the child are not served by termination and because Mother did not demonstrate a settled purpose to relinquish parental claim to her Daughters.
Mother’s Brief, at 7.
Our standard of review in this context is well-settled:
In cases concerning the involuntary termination of parental rights, appellate review is limited to a determination of whether the decree of the termination court is supported by competent evidence. When applying this standard, the appellate court must accept the trial court’s findings of fact and credibility determinations if they are supported by the record. Where the trial court’s factual findings are supported by the evidence, an appellate court may not disturb the trial court’s ruling unless it has discerned an error of law or abuse of discretion.
An abuse of discretion does not result merely because the reviewing court might have reached a different conclusion or the facts could support an opposite result. Instead, an appellate court may reverse for an abuse of discretion only upon demonstration of manifest unreasonableness, partiality, prejudice, bias, or ill- will. This standard of review reflects the deference we pay to trial courts, who often observe the parties first-hand across multiple hearings.
In considering a petition to terminate parental rights, a trial court must balance the parent’s fundamental right to make decisions concerning the care, custody, and control of his or her child with the child’s essential needs for a parent’s care, protection, and support. Termination of parental rights has significant and permanent consequences for both the parent and child. As such, the law of this Commonwealth requires the moving party to establish the statutory grounds by clear and convincing evidence, which is evidence that is so clear, direct, weighty, and convincing
-7- J-S30032-24
as to enable a trier of fact to come to a clear conviction, without hesitance, of the truth of the precise facts in issue.
Interest of M.E., 283 A.3d 820, 829-30 (Pa.Super. 2022) (internal citations
and quotation marks omitted).
The involuntary termination of parental rights is governed by Section
2511 of the Pennsylvania’s Adoption Act, which calls for a bifurcated analysis
that first focuses upon the “eleven enumerated grounds” of parental conduct
that may warrant termination. Id. at 830; see also 23 Pa.C.S.A. §
2511(a)(1)-(11). If the orphans’ court determines that the petitioner has
established grounds for termination under at least one of these subsections
by “clear and convincing evidence,” the court then assesses the petition
pursuant to Section 2511(b), which focuses upon the child’s developmental,
physical, and emotional needs and welfare. In re T.S.M., 620 Pa. 602, 628,
71 A.3d 251, 267 (2013). This Court need only agree with the orphans’ court’s
determination as to “any one subsection of [Section] 2511(a), in addition to
[Section] 2511(b), in order to affirm the termination of parental rights.” Id.
Our analysis in this case will focus upon Section 2511(a)(2) and (b),
which provides as follows:
(a) General Rule.—The rights of a parent in regard to a child may be terminated after a petition filed on any of the following grounds:
....
(2) The repeated and continued incapacity, abuse, neglect or refusal of the parent has caused the child to be without essential parental care, control or subsistence necessary for
-8- J-S30032-24
his physical or mental well-being and the conditions and causes of the incapacity, abuse, neglect or refusal cannot or will not be remedied by the parent. ....
(b) Other considerations.—The court in terminating the rights of a parent shall give primary consideration to the developmental, physical and emotional needs and welfare of the child. The rights of a parent shall not be terminated solely on the basis of environmental factors such as inadequate housing, furnishings, income, clothing and medical care if found to be beyond the control of the parent. With respect to any petition filed pursuant to subsection (a)(1), (6) or (8), the court shall not consider any efforts by the parent to remedy the conditions described therein which are first initiated subsequent to the giving of notice of the filing of the petition.
23 Pa.C.S.A. § 2511(a)(2), (b).
In evaluating whether termination is warranted under Section
2511(a)(2), this Court has determined:
[t]he following three elements must be met: (1) repeated and continued incapacity, abuse, neglect or refusal; (2) such incapacity, abuse, neglect or refusal has caused the child to be without essential parental care, control or subsistence necessary for his physical or mental well-being; and (3) the causes of the incapacity, abuse, neglect or refusal cannot or will not be remedied.
In re Adoption of M.E.P., 825 A.2d 1266, 1272 (Pa.Super. 2003) (citation
omitted).
Our Court has held that “[t]he grounds for termination due to parental
incapacity that cannot be remedied are not limited to affirmative misconduct.
To the contrary, those grounds may include acts of refusal[,] as well as
incapacity to perform parental duties.” In re S.C., 247 A.3d 1097, 1104
(Pa.Super. 2021) (citation omitted).
-9- J-S30032-24
[W]hen a parent has demonstrated a continued inability to conduct his [,or her] life in a fashion that would provide a safe environment for a child, whether that child is living with the parent or not, and the behavior of the parent is irremediable as supported by clear and competent evidence, the termination of parental rights is justified. A parent's vow to cooperate, after a long period of uncooperativeness regarding the necessity or availability of services, may properly be rejected as untimely or disingenuous.
Id. at 1105 (citation omitted).
The orphans’ court set forth its rationale for finding sufficient grounds
for termination under Section 2511(a)(2) as follows:
The [Children have] been in placement since January of 2022, and … [Mother has not] been able to make measurable progress in addressing the incapacities which caused the [Children] to be removed from Mother’s care. Despite attempts by Agency caseworkers to connect [her] with beneficial services, [Mother has] displayed an inability or refusal to follow through with actions necessary to address [her] incapacities while simultaneously ensuring that the [Children’s] needs would be met consistently and appropriately. In fact, for the majority of this case, Mother has been in complete denial that she has a substance abuse issue, that the [Children] are in foster care, and that she must cooperate with the Agency and comply with Court orders if she wished to be reunited with the [Children]. … This Court finds that [Mother has not] remedied these incapacities within a reasonable amount of time and will likely be unable to remedy them in the future.
Orphans’ Court Opinion and Order (O.C.O.) – termination of parental rights
with respect to K.R., 5/24/24, at 13-14.3 In light of this reasoning and the
orphans’ court’s finding that the Children’s fathers similarly failed and/or
refused to cooperate with their court-ordered goals, the orphans’ court
3 The orphans’ court filed two separate opinions terminating Mother’s parental
rights with respect to K.R. and A.S., containing the same analysis that there were sufficient grounds for termination under Section 2511(a)(2).
- 10 - J-S30032-24
determined that the Agency had demonstrated that the parties’ repeated and
continued incapacity caused the Children to be without essential parental
control or subsistence necessary for their physical and mental well-being.
Our review of the record supports the orphans’ court’s findings. We are
similarly troubled by Mother’s failure to appropriately address the discovery
of sexually explicit photos her husband took of K.R. Mother’s noncompliance
with the Agency’s investigation and her refusal to allow K.R. to participate in
a CAC interview served to essentially shield her husband from any criminal
consequences while Mother ignored her duty to protect K.R. from abuse.
Mother continued to reside with her husband despite the removal of her
Children from her custody. The orphans’ court’s “serious concerns about
Mother’s protective capacity” are justified by Mother’s choice to protect her
husband, rather than her minor daughter.
Similarly, Mother also met the Agency with hostility when caseworkers
attempted to establish a home visit to evaluate a report that Mother’s home
was in a deplorable condition, such that the Agency had to seek court approval
to force Mother to allow entry into her home to ensure the Children were safe.
Mother was also fined as a result of K.R.’s truancy as K.R. had failed to attend
any virtual schooling in the cyber school in which she was enrolled and did not
have a working computer. Mother’s refusal to ensure that her home was a
safe, healthy environment for the Children and her disregard of K.R.’s
- 11 - J-S30032-24
educational needs for an education were clearly neglectful of the Children’s
welfare.
Mother utterly failed to meet her court-ordered goals. Mother refused
to undergo drug and alcohol evaluations and psychological assessments.
Mother missed numerous random drug testing screens and any screen that
she did undergo tested positive for multiple illicit substances on several
separate occasions. Mother did not seek help for her substance abuse problem
from the Agency or any other program until the date of the termination
hearing when she testified that she would get her drug and alcohol evaluation
the following day and would comply with any recommendation including
inpatient rehabilitation. Given Mother’s complete disregard of her nearly all
of her permanency plan goals and her refusal to cooperate with the Agency
for the previous eighteen months, we agree that Mother’s promise is
disingenuous and insufficient.
Mother never attempted to comply with her requirement to seek
assistance for her home conditions, parenting, or budgeting. Mother failed to
secure adequate housing that would allow her to care for the Children. When
presented with evidence that her landlord had secured a money judgment of
$4,311.18 against her and was granted possession of her residence, Mother
blamed her eviction on her husband. While Mother contended that she
planned to move into a new three-bedroom trailer, Mother admitted that she
had moved into her stepfather’s home as the trailer was not yet ready. Mother
- 12 - J-S30032-24
has been unemployed during this entire case and has not given the Agency
any information on her source of income.
Mother ignores her noncompliance with her family service plan goals
and argues that termination of her parental rights is not warranted because
she “continued to attend over 50% of her visits [with the Children] with an
overall attendance rate of 64%” while she struggled with a substance abuse
disorder. Mother’s Brief, at 12. Mother asserts that caseworkers admitted
that she interacted well with the Children at visits and brought them food and
clothing.
In touting her efforts to visit her Children, Mother disregards the fact
that Mother was placed on “call-in status” after she repeatedly missed
visitation appointments and did not inform the Agency she would not attend.
Mother was required to check in with the Agency multiple times on the day of
her scheduled visitations to ensure that she would attend and the Children
would not be left waiting for her. Due to Mother’s inability to visit the Children
consistently, Mother never progressed in the frequency, duration, or the level
of supervision of her visits.
Mother does not acknowledge that her continued incapacity and/or
refusal to meet basic goals for reunification with the Children has caused the
Children to be without essential parental care, control or subsistence
necessary for their physical and mental well-being. Mother has never made
any effort to demonstrate that the causes of her incapacity to parent Children
- 13 - J-S30032-24
can be remedied. Based on the foregoing, we discern no abuse of discretion
by the orphans’ court in concluding Mother’s conduct warranted termination
pursuant to Section 2511(a)(2).
If a petitioner establishes adequate grounds for termination pursuant to
Section 2511(a), we then turn to Section 2511(b), which requires that the
court “give primary consideration to the developmental, physical and
emotional needs and welfare of the child.” 23 Pa.C.S.A. § 2511(b). Our
Supreme Court has generally outlined this inquiry, as follows:
[C]ourts should consider the matter from the child’s perspective, placing her developmental, physical, and emotional needs and welfare above concerns for the parent.
Accordingly, the determination of the child’s particular developmental, physical, and emotional needs and welfare must be made on a case-by-case basis. We have observed the law regarding termination of parental rights should not be applied mechanically but instead always with an eye to the best interests and the needs and welfare of the particular children involved. Thus, the court must determine each child’s specific needs.
Moreover, the child’s emotional needs and welfare include intangibles such as love, comfort, security, and stability. As further guidance, we have identified factors, i.e., specific needs and aspects of the child’s welfare, that trial courts must always consider. The courts must consider whether the children are in a pre-adoptive home and whether they have a bond with their foster parents. And, if the child has any bond with the biological parent, the court must conduct an analysis of that bond, which is not always an easy task.
Interest of K.T., 296 A.3d 1085, 1105-1106 (Pa. 2023) (internal citations
- 14 - J-S30032-24
The extent, however, of the “bond-effect analysis necessarily depends
on the circumstances of the particular case.” In re Adoption of J.M., 991
A.2d 321, 324 (Pa.Super. 2010) (citation omitted). Rather, it is within the
province of the orphans’ court to “consider the totality of the circumstances
when performing a needs and welfare analysis.” Interest of M.E., 283 A.3d
at 839 (citation omitted). This Court has clarified that it is “within the
discretion of the orphans’ court to prioritize the safety and security needs” of
children “over their bonds with their parents.” Id. We will not disturb such
an assessment if the orphans’ court’s factual findings are supported by the
record. Id.
Further, “the mere existence of a bond or attachment of a child to a
parent will not necessarily result in the denial of a termination petition.”
T.S.M., 620 Pa. at 629, 71 A.3d at 267. Our Supreme Court has directed
that, in weighing the bond considerations pursuant to Section 2511(b), “courts
must keep the ticking clock of childhood ever in mind.” Id. at 631, 71 A.3d at
269. Specifically, the High Court observed that, “[c]hildren are young for a
scant number of years, and we have an obligation to see to their healthy
development quickly. When courts fail . . . the result, all too often, is
catastrophically maladjusted children.” Id.
In this case, the orphans’ court credited Dr. Feger’s assessment that
while the Children do exhibit bonds with Mother and love her, the Children
exhibit unhealthy attachment that is not capable of being repaired in the
- 15 - J-S30032-24
current state of the family unit. The orphans’ court agreed with Dr. Feger’s
finding that “Mother’s lack of consistent contact as the [Children’s] primary
caregiver, and the lack of [Mother’s] initiative to address her own needs has
taken a significant toll on the bond in the eyes of the Child.” O.C.O., at 21.
With respect to A.S., who was five years old at the termination hearing,
Dr. Feger observed that A.S. “engages in attention seeking behavior, … some
of that is a typical response for a child who has been removed from the custody
of a caregiver or a parent.” N.T., 1/17/24, at 11. Dr. Feger opined that A.S.
has developed an “ambivalent attachment” to Mother as A.S. has not had her
needs met by Mother consistently, but rather intermittently. N.T., 1/17/24,
at 13. Dr. Feger noted that A.S.’s ambivalent attachment to Mother causes
her to attempt to monopolize Mother’s attention during interactions.
With respect to K.R., who was twelve years old at the termination
hearing, Dr. Feger observed that K.R. would make multiple attempts to
engage with Mother, which were ultimately unsuccessful, as Mother
predominately focused on A.S., who controlled Mother’s attention. N.T.,
1/17/24, at 11. Dr. Feger opined that K.R. has developed an “avoidant
attachment” to Mother in that she has assumed the caregiver role for her
younger sister in Mother’s absence and minimizes her own needs. N.T.,
1/17/24, at 12.
In an interview with Dr. Feger, K.R. admitted that she does not have
much confidence in Mother’s ability to provide for the Children or to maintain
- 16 - J-S30032-24
sobriety, although she wishes Mother was able to be their primary caregiver.
N.T., 1/17/24, at 12-13. As such, K.R. explained that she has had to focus
on her sister’s care for the majority of her life. N.T., 1/17/24, at 13. However,
K.R. indicated that her current placement with Paternal Aunt allows her to
function in a more age-appropriate role now that she no longer has to be the
caregiver for her younger sister. N.T., 1/17/24, at 13.
The orphans’ court accepted Dr. Feger’s conclusion that neither of the
Children’s bonds with Mother were healthy nor capable of being repaired given
that Mother’s needs are largely unresolved and she is “unable to assume the
role of a primary caregiver with a level of consistency the can resolve the
trauma that undertones the attachment style.” N.T., 1/17/24, at 16-17.
Further, the orphans’ court emphasized that the Children’s physical and
emotional needs have been met by Paternal Aunt, who has cared for the girls
since they were adjudicated dependent in February 2022. The Children have
thrived in the care of Paternal Aunt, who provides a safe, healthy home where
there is no concern of domestic abuse or substance abuse. Both girls are
enrolled in school and have not had any truancy issues. Paternal Aunt ensures
the Children receive appropriate medical and dental care. Further, Paternal
Aunt has involved the Children in multiple activities and facilitates
communication with Mother at the Children’s request so long as the interaction
remains respectful.
- 17 - J-S30032-24
As the certified record overwhelmingly supports the orphans’ court’s
findings, we discern no error of law or abuse of discretion in the court’s
conclusion that termination of Mother’s parental rights would best serve the
Children’s developmental, physical, and emotional needs and welfare.
Based on the foregoing, we affirm the orders involuntarily terminating
Mother’s parental rights.
Orders affirmed.
Judgment Entered.
Benjamin D. Kohler, Esq. Prothonotary
Date: 9/30/2024
- 18 -