In Re: L..J.J., Appeal of: J.R.M.

• Court: Superior Court of Pennsylvania
• Decided: April 7, 2026
• Docket: 2855 EDA 2025
• Status: Unpublished
• Author: Lazarus

Opinion

J-A08015-26

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN RE: INVOLUNTARY TERMINATION : IN THE SUPERIOR COURT OF OF PARENTAL RIGHTS TO L.J.J., A : PENNSYLVANIA MINOR : : : APPEAL OF: J.R.M., MOTHER : : : : No. 2855 EDA 2025

Appeal from the Decree Entered October 6, 2025 In the Court of Common Pleas of Lehigh County Orphans' Court at No(s): A2025-0012

BEFORE: LAZARUS, P.J., PANELLA, P.J.E., and STEVENS, P.J.E. *

MEMORANDUM BY LAZARUS, P.J.: FILED APRIL 7, 2026

J.R.M. (Mother) appeals from the decree, entered in the Court of

Common Pleas of Lehigh County, Orphans’ Court Division, involuntarily

terminating her parental rights to her minor daughter, L.J.J. (Child) (born

3/23). Mother’s counsel, David W. Crosson, Esquire, has also filed a petition

to withdraw on appeal, pursuant to Anders v. California, 386 U.S. 738

(1967), and In re Adoption of V.E., 611 A.2d 1267 (Pa. Super. 1992). After

careful review, we affirm based upon the thorough opinion authored by the

Honorable Douglas G. Reichley and grant counsel’s petition to withdraw.

Mother and Child tested positive for cocaine at Child’s birth. As a result,

Mother was placed on a breathing tube for two days and Child was put on a

breathing machine and given medications for withdrawal and seizures. Child ____________________________________________

* Former Justice specially assigned to the Superior Court. J-A08015-26

remained in the Neonatal Intensive Care Unit (NICU) for five weeks following

her birth, where she received rehabilitative feeding services through a

nasogastric (NG) tube. The hospital referred Mother to a county-based

certified recovery program, in which she was to enroll following her discharge

from the hospital. Mother, however, never entered treatment.

In early April 2023, Mother admitted to a CYS caseworker that she had

a history of using drugs and alcohol and that she has last used drugs the day

before Child was born. See N.T. Termination Hearing II, 10/1/25, at 18. The

caseworker explained Child’s long-term medical needs and spoke to Mother

about attending drug and alcohol treatment, receiving a drug and alcohol

evaluation, and having an intake and assessment completed. Id. at 19-20.

The caseworker also discussed putting a safety plan in place once Child was

released from the hospital. Due to Mother missing scheduled meetings at the

hospital, which involved her signing consents for Child’s transfer to a

rehabilitation facility, Child’s NICU release was delayed. Id. at 21.

Mother failed to attend a scheduled consultation regarding Child’s

upcoming surgery, in which her NG feeding tube would be replaced with a

percutaneous endoscopic gastrostomy (PEG) tube. Id. at 22-23. At the

consultation, Mother would have learned more about the procedure, been

educated about Child’s post-surgical medical needs, and been advised of any

necessary treatments. Id.

On June 23, 2023, CYS obtained emergency custody of Child, who was

still hospitalized, after Mother and Father were incarcerated and “legal and

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medical procedures [for Child] were necessary.” Id. at 25. The court held a

shelter care hearing on June 26, 2023. Child was adjudicated dependent on

July 13, 2023, at which time CYS recommended the following for Mother: (1)

obtain and maintain legal income and stable housing; (2) complete drug and

alcohol evaluations and follow recommended treatment; (3) submit urine

screens eight to nine times per month; (4) obtain mental health treatment

and follow any recommendations; (5) cooperate with in-home services; and

(6) have only supervised contact with Child. Id. at 27.

Following Child’s PEG tube surgery, Child was released to the care of

maternal aunt and uncle, a kinship resource, in July 2023. Id. at 28. On

February 2, 2024, Child was placed in foster care, 1 during which time she

required care from multiple specialists, including a speech therapist, feeding

therapist, gastroenterologist, eye doctor, and dietician. Id. at 45. At a

February 2024 permanency review hearing, which Mother did not attend, 2 the

caseworker reported that Mother was not yet employed, and had not received

drug and alcohol evaluations or treatment, received any mental health

treatment, attended any urine screens, or reached out to CYS to coordinate

visits with Child. Id. at 29. Moreover, Mother was still living with maternal

grandmother. Id. Due to concerns that Child was not gaining sufficient ____________________________________________

1 The record indicates that Child was not thriving in kinship care and, thus,

necessitated a new placement where her significant medical issues could be attended to. See infra at 3.

2 The permanency review order indicates that Mother told the CYS caseworker

that she was in the hospital at the time of the hearing. Id. at 28.

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weight, the court entered an order on February 8, 2024, granting CYS

authority to consent to Child receiving any necessary medical treatments or

procedures recommended by treating physicians. Id. at 32.

On February 22, 2024, Mother attended a CYS “Family Group Decision

Making” meeting intended to “help support [] parents in reunification.” Id. at

42-43. Mother, however, failed to attend a March 7, 2024 meeting with a CYS

caseworker to discuss court-ordered services and steps toward reunification.

Id. at 43. In April 2024, Mother was convicted of drug charges in Montgomery

and Northampton Counties. Id. at 49. In June 2024, Mother reported to CYS

that she had attended a drug and alcohol intake appointment, although CYS

was never able to confirm that the appointment took place. Id. at 46. On

June 2, 2024, Mother was convicted of DUI—controlled substance. Id. at 48.

Mother attended the first day of a continued permanency review hearing

on August 1, 2024, but failed to appear for the second part of the hearing held

on September 12, 2024. Id. at 47. On August 2, 2024, Mother was convicted

of receiving stolen property and possession of a controlled substance. Id. at

48. Mother was released from prison on December 10, 2024. Id. at 49.

Mother ceased contact with CYS in January 2025,3 despite CYS caseworkers ____________________________________________

3 Mother contacted CYS on September 5, 2025, to inform a caseworker that

she was entering a rehabilitation facility to have her Suboxone adjusted. Id. at 54-55. However, Mother never contacted or responded to CYS after that call. Id. at 54. CYS was unable to confirm whether Mother had received any treatment or rehabilitative services after March 2025. Id. at 55. CYS arranged its last visit between Mother and Child in January 2025, although (Footnote Continued Next Page)

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attempting to contact her by phone and performing unannounced home visits.

Id. at 51-53.

On March 11, 2025, CYS filed a petition to involuntarily terminate

Mother’s parental rights under 23 Pa.C.S.A. §§ 2511(a)(1), (2), (5), (8), and

(b) of the Adoption Act. On April 21, 2025, Mother was discharged from

Lehigh Valley “Families Together Program” (LVFTP). Id. at 52.4 The court

held a final permanency review hearing on August 2, 2025. On September 9,

2025, at the request of Mother’s counsel, the court continued the scheduled

termination hearing “on the grounds that a newly confirmed location for

[Mother] has been revealed and that[,] therefore[, CYS] should not be allowed

to proceed just by way of proof of publication [as] notice for th[e] hearing.”

N.T. Termination Hearing II, 10/1/25, at 4. At the conclusion of the

proceeding, Mother’s counsel consented to Mother receiving electronic notice

of the rescheduled termination hearing. See N.T. Termination Hearing I,

9/9/25, at 9; id. at 14 (“Attorney Crosson [and the agency] are directed to

provide electronic service to [M]other of the new hearing date to both the

email address and by text message to the telephone number she has provided

to Attorney Crosson.”).

____________________________________________

Mother, unexpectedly, showed up at Child’s birthday party hosted by foster parents in March 2025. Id. at 56.

4 Child’s PEG tube was removed in June 2025. Id. at 53.

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The court held the rescheduled termination hearing on October 1, 2025.

At the hearing, the following individuals testified: St. Luke’s University Health

Network Social Caseworker Keith Blackwell; CYS caseworkers Jared Case and

Pamela Hyland; and LVFTP caseworker Alyssa Deeble. 5 Although Attorney

Crosson was present at the hearing, Mother did not attend. Attorney Crosson

explained to the court that he had sent Mother two emails about the

rescheduled date of the termination hearing and “ask[ed] her to reach out to

[him].” Id. at 5. Attorney Crosson indicated that he had not received a

response from Mother. Id. Sarah E. Mussel, Esquire, counsel for CYS, told

the court that CYS had provided Mother notice of the rescheduled hearing on

September 9, 2025, and September 17, 2025, by email and text message, at

the “email address and [cell phone] number that had been provided” to

Mother’s counsel and that it “did not come back undeliverable.” 6 Id. at 5-6.

Caseworker Hyland also testified that CYS had attempted to serve Mother with

5 Jacob T. Thielen, Esquire, represented Child at the hearing. No objection was made to counsel serving in a dual role as Child’s legal counsel and guardian ad litem (GAL). See id. at 7; see also 23 Pa.C.S.A. § 2313(a) (requiring appointment of counsel to represent child’s best legal interests in contested involuntary termination proceedings); In the Int. of H.H.N., 296 A.3d 1258 (Pa. Super. 2013) (where child’s legal and best interests do not diverge in termination proceeding, attorney-GAL can fulfill role of attorney appointed under subsection 2313(a)); In re T.S., 192 A.3d 1080, 1088 (Pa. 2018) (when child is too young to express preference, it is appropriate for GAL to represent child’s best and legal interests simultaneously in a termination of parental rights action).

6 CYS also filed an affidavit of service indicating that CYS made service by text

and email. Id. at 6.

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the termination petition before proceeding with notice via publication. Id. at

55. See Pa.R.O.C.P. 15.6(a) (in involuntary termination of parental rights

matters, “notice shall be in the form and served upon individuals as provided

in 23 Pa.C.S.[A.] § 2513(b)); see also id. at § 2513(b) (notice of involuntary

termination of parental rights hearing “shall be given to the parent or parents

. . . by personal service or by registered mail to his [] last known address or

by such other means as the court may require”) (emphasis added).

On October 6, 2025, the trial court granted CYS’ petition and

involuntarily terminated Mother’s parental rights to Child based on subsections

2511(a)(1), (2), (5), (8), and (b). Mother filed a timely notice of appeal. On

January 5, 2026, counsel filed a petition for leave to withdraw as counsel

pursuant to Anders, supra, and V.E., supra. In V.E., our Court stated:

[C]ounsel appointed to represent an indigent parent on a first appeal from a decree involuntarily terminating his or her parental rights, may, after a conscientious and thorough review of the record, petition this court for leave to withdraw representation if he or she can find no issues of arguable merit on which to base the appeal. Given the less stringent standard of proof required and the quasi-adversarial nature of a termination proceeding in which a parent is not guaranteed the same procedural and evidentiary rights as a criminal defendant, the court holds that appointed counsel seeking to withdraw [from] representation must submit an [Anders] brief[.]

Id., 611 A.2d at 1275 (headnote and citations omitted). Moreover, we held

that “any motion to withdraw representation, submitted by appointed counsel,

must be accompanied by an advocate’s brief, and not the amicus curiae brief

delineated in [Commonwealth v.] McClendon, [434 A.2d 1185 (Pa.

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1981)].” V.E., 611 A.2d at 1275. See also In re Adoption of R.I., 312

A.3d 601, 602 (Pa. 1973) (“[T]he logic behind . . . an individual in a criminal

case being entitled to representation by counsel at any proceeding that may

lead to ‘the deprivation of substantial rights’ . . . is equally applicable to a case

involving an indigent parent faced with the loss of her child.”).

In his Anders brief, counsel raises the following issues for our

consideration:

(1) Did the [t]rial [c]ourt err by permitting the termination of parental rights hearing to move forward without [Mother] being present?

(2) Did the [t]rial [c]ourt err by terminating [Mother’s] parental rights based on the grounds for involuntary termination set forth [in] . . . [subsections] 2511(a)(1), (2), (5), and (8), because [CYS] did not establish by clear and convincing evidence that [Mother’s] parental rights should be terminated?

Anders Brief, at 4.

Before reaching the merits of Mother’s appeal, we must first address

counsel’s petition to withdraw. To withdraw under Anders, counsel must:

1) petition the court for leave to withdraw stating that, after making a conscientious examination of the record, counsel has determined that the appeal would be frivolous; 2) furnish a copy of the [Anders] brief to the [appellant]; and 3) advise the [appellant] that he or she has the right to retain private counsel or raise additional arguments that the [appellant] deems worthy of the court’s attention.[7]

7 Mother has not retained alternative counsel or raised any additional arguments pro se on appeal.

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Commonwealth v. Cartrette, 83 A.3d 1030, 1032 (Pa. Super. 2013) (en

banc) (citing Commonwealth v. Lilley, 978 A.2d 995, 997 (Pa. Super.

2009)). With respect to the third requirement of Anders, that counsel inform

the appellant of her rights in light of counsel’s withdrawal, this Court has held

that counsel must “attach to [his] petition to withdraw a copy of the letter

sent to [his] client advising [] her of [her] rights.” Commonwealth v.

Millisock, 873 A.2d 748, 752 (Pa. Super. 2005).

An Anders brief must also comply with the following requirements:

(1) provide a summary of the procedural history and facts, with citations to the record;

(2) refer to anything in the record that counsel believes arguably supports the appeal;

(3) set forth counsel’s conclusion that the appeal is frivolous; and

(4) state counsel’s reasons for concluding that the appeal is frivolous. Counsel should articulate the relevant facts of record, controlling case law, and/or statutes on point that have led to the conclusion that the appeal is frivolous.

Commonwealth v. Santiago, 978 A.2d 349, 361 (Pa. 2009). Finally, this

Court must “conduct an independent review of the record to discern if there

any additional, non-frivolous issues overlooked by counsel.” Commonwealth

v. Flowers, 113 A.3d 1246, 1250 (Pa. Super. 2015) (footnote omitted).

Instantly, Mother’s counsel filed a petition to withdraw, certifying that

he reviewed the record and determined that Mother’s appeal is frivolous.

Counsel also filed a brief, which includes a summary of the history and facts

of the case, potential issues that could be raised by Mother, and counsel’s

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assessment of why those issues are wholly frivolous, with citations to relevant

legal authority. Counsel has provided Mother with a copy of the brief and a

letter advising her of her right to retain new counsel or raise additional issues

pro se.8 Accordingly, we find that counsel has substantially complied with the

requirements of Anders and Santiago, and, thus, may review the issues

raised by counsel and also conduct our independent review of the record.

Our standard of review in termination of parental rights cases is well-

settled:

The standard of review in termination of parental rights cases requires appellate courts to accept the findings of fact and credibility determinations of the trial court if they are supported by the record. If the factual findings are supported, appellate courts review to determine if the trial court made an error of law or abused its discretion. A decision may be reversed for an abuse of discretion only upon demonstration of manifest unreasonableness, partiality, prejudice, bias, or ill-will. The trial court’s decision, however, should not be reversed merely because the record would support a different result. We have previously emphasized our deference to trial courts that often have first-hand observations of the parties spanning multiple hearings.

In re T.S.M., 71 A.3d 251, 267 (Pa. 2013) (citations and quotation marks

omitted).

8 Although counsel’s letter does not expressly state that Mother may proceed

“pro se” or “raise any points that she deems worthy of the court’s attention in addition to points raised by counsel” in his Anders brief, the letter does state, “Please note that whether or not the Court grants my [a]pplication to [w]ithdraw, you have the right to represent yourself and participate in the appeal, or to hire private counsel.” Anders Letter, 1/5/26, at 1 (unpaginated). Thus, we find that counsel has substantially, “if not perfectly,” complied with the dictates of Anders. See Commonwealth v. Wrecks, 934 A.3d 1287, 1290 (Pa. Super. 2007).

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After careful review of the parties’ briefs, the applicable case law and

statutes, and the certified record on appeal, we affirm the trial court’s decree

involuntarily terminating Mother’s parental rights, under subsections

2511(a)(2) and (b), on the basis of the opinion authored by the Judge

Reichley.

First, counsel consented to CYS serving Mother electronically, via email

and text message, with notice of the rescheduled termination hearing; thus,

CYS met the notice requirement, and the trial court was permitted to proceed

in Mother’s absence. See N.T. Termination Hearing I, 9/9/25, at 9-10, 14.

Second, Mother’s “repeated and continued incapacity [has] caused

[C]hild to be without essential parental care, control[,] or subsistence

necessary for [her] physical or mental well-being and the conditions and

causes of the incapacity . . . cannot or will not be remedied by [Mother],” 23

Pa.C.S.A. § 2511(a)(2). See N.T. Termination Hearing II, 10/1/25, 60, 78-

81, 83 (caseworkers testifying Mother made no progress with court’s service

plan over span of case); id. at 57 (Child had been in placement—with same

foster family who is adoptive resource—for 20 months at time of termination

hearing); id. at 51 (last arranged visit with Child Mother attended was in

January 2025); id. at 81, 86 (Mother often “cancelled or no-showed” to visits

with Child; from July 2024-April 2025, Mother attended only nine visits); id.

at 60 (Mother has been in and out of jail in multiple counties throughout life

of case); id. (Mother had active bench warrants in two different counties at

time of termination hearing); id. at 58, 68 (Child thriving with foster family,

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is “very attached to her foster parents,” whom she refers to as “Mommy and

Daddy,” and “has significantly progressed medically” since being placed with

foster family);9 id. at 70 (foster mother is stay-at-home parent to Child and

foster parents have five other biological children who have bonded with Child);

id. at 60, 89-90 (foster parents provide Child’s day-to-day needs, a “good

home . . . [that s]he is doing very well [in,]” and Child is “happy and healthy

with [foster parents]”); id. at 65 (foster parents continue to communicate

with Child’s extended biological family and have “expressed to [caseworkers]

that they think it’s important for [Child] to know her biological family”); id.at

71 (foster parents have expressed desire to maintain contact between Mother

and Child “if [Mother is] healthy and in a good situation to have contact with

[Child]”). Moreover, CYS caseworker Hyland testified that terminating

Mother’s parental rights would “serve [Child’s] needs” and that it was “not

realistic for [Child] to reunify with [Mother] at this point.” Id. at 60.

We instruct the parties to attach a copy of Judge Reichley’s opinion in

the event of further proceedings in the matter.

Decree affirmed. Motion to withdraw granted.

9 At the time of the termination hearing, Child was no longer was seeing specialists, other than an eye doctor. Id. at 69.

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Date: 4/7/2026

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IN THE COURT OF IN OF COMMON PLEAS OF LEHIGH LEHIGH COUNTY, COUNTY, PENNSYLVANIA PENNSYLVANIA ORPHANS' COURT ORPHANS' COURT DIVISION DIVISION 70005-a266 r In re\ Involuntary In re: Involuntary Termination of : Superior Court Superior No. 2855 Court No. 2855 EDA EDA 2025 2025 Parental Parental Rights Rights to to : L.J.J. L.aJ.J. : Orphans’ Court Orphans' Court No. No. A2025-0012 A2025-0012 A Minor Minor :

PA. R.A.P. 1925(a) Statement PA.R.A.P,1925(a) Statement

The Lehigh The Lehigh County County Office Office of of Children Children and and Youth Youth Service ("LCOCYS" or Service (“LCOCYS”

“Petitioner”) Petitioner") filed filed aa Petition Petition for for Involuntary Involuntary Termination Termination of of Parental Parental Rights Rights of of

[J.R.M.], Mother, [JR.M.], Mother, Pursuant Pursuant to to Sections Sections 25111 and and 2512 2512 of of the the Adoption Adoption Act Act on on March March

11, 2025, 2025, regarding regarding the minor minor female female child child LJ.J. LJJ, bom March . ,2023 bom March. 2023 (Child").' (Child”). 1

After aa hearing After hearing held October 1, held October I, 2025, 2025,2which which Child’s Child's mother, J.R.M. (“Mother”), mother, JR.M. ("Mother"),

did not did not attend, attend, and upon consideration of the uncontested uncontested testimony, testimony. adduced at the

hearing, hearing, the undersigned on the undersigned on October October 6, 6, 2025, 2025, entered entered aa Final Final Decree Decree involuntarily irvoluntarily

terminating Mother’s terminating Mother's parental parental rights rights pursuant pursuant to to 23 23 Pa. C.S. §25 Pa. C.S. 11(a)(1), (2), $2511(a(1), (2), (5), (5),

(8), (8), and and (b), (b), aa copy of of which which is is attached attached hereto hereto and which which is is hereby hereby incorporated incorporated by by

. 1 LCOCYS LCOCYS alsoalso filed filed aa petition petition pursuant pursuant to to 23 23 Pa. Pa. C.S. C.S. §2511 $2511 regarding regarding the the minor’s father minor's father (“Father”). ("Father"). OnOn August August 27, 27, 2025, 2025, Father Father filed filed aa petition petition to to voluntarily voluntarily relinquish relinquish his his parental parental rights rights to to Child Child pursuant pursuant to to 23 23 Pa. C.S. $2501, Pa. C.S. §2501, which which the the undersigned granted by Final granted by Final Decree entered entered October October 6, 6, 2025. 2025. 2 The The hearing hearing was was originally originally scheduled scheduled for for September September 9, 9, 2025, 2025, but but was was continued continued that that date date upon oral motion upon oral motion of counsel for of counsel for Mother. Mother. Notes Notes of of Testimony Testimony from from September 9, September 9, 2025 2025,, were were filed filed November November 19,19, 2025 2025.. reference. Mother reference. Mother filed filed aa Notice of Appeal- Notice of Appeal and and Concise Concise Statements of Errors Statements of Errors

Complained of on Appeal Complained Appeal (“Concise Statement”) on November ("Concise Statement") November 5, 2025. 2025. The Notes

of Testimony of of Testimony of the the October October 1, 2025, termination 1, 2025, hearing were termination hearing were filed filed November November 17, I7,

2025. 2025, The undersigned undersigned notes at the outset that Child was was represented represented in in these

proceedings by Jacob T. T. Thielen, Thielen, Esquire, Esquire, in in a dual dual role role as counsel counsel and and guardian ad

litem litem as there was as there was no no conflict conflict of of interest interest between between the the two-year-old two-year-old Child’s Child's legal legal

interests interests and her her best best interests. interests.

In Mother’s In Concise Statement, Mother's Concise Mother complains Statement, Mother complains the Court abused the Court abused its its ' discretion by discretion by 1) I) allowing allowing the hearing to the hearing . to proceed proceed in in Mother’s Mother's absence absence over over her her

counsel’s objection; counsel's objection; 2) 2) finding finding that that Petitioner Petitioner proved proved by by clear clear and and convincing convincing

evidence that evidence that statutory statutory grounds grounds exist exist upon upon which which to to terminate terminate Mother’s Mother's parental parental

rights; rights; and and 3) 3) finding finding that that termination termination of of Mother’s Mother's parental parental rights rights serves serves Child’s Child's

needs and and welfare. welfare. Upon Upon careful review of the Notes of Testimony, careful review Testimony, it is from is clear from

the record the record that counsel for that counsel for Mother did not Mother did not object object to to proceeding proceeding with with the the §2511 $251I

hearing hearing on on October October 1, 1, 2025. 2025.

[THE COURT:] Attorney [THE COURT:) Attorney Crosson, Crosson, have have you you been been able able to to have have any any contact with contact with your client? your client?

MR. MR. CROSSON: CROSSON: Your Your Honor, Honor, after after that that last last hearing, hearing, II sent sent an email an email over over to her to to her to the the email email that that she she had had provided provided to to me me previously, previously, advising advising her her of the new new date date and asking asking her to reach out me. reach out to me.

I did did know know that she was was going going to to be in in rehab or approximately approximately two two weeks. So weeks. So II was was hopeful hopeful that that after after those those two two weeks weeks she would come she would out and come out and contact contact me. She did me. She did not not contact contact me. me.

2 I sent sent another email email to to her yesterday just just to to again again alert her of today’s today's hearing and to hearing and to have have her reach out her reach out to to me me via email as via email soon as as soon as possible. possible. And And as as of today, of today, I have have not not yet yet received received a response. response.

N.T., Oct. 1, N.T,, Oet. 1,2025,5:4-17. 2025, 5:4-17.

Although Although Attorney Crosson acknowledged Attomney Crosson acknowledged he he had had not not received received aa response response

from from Mother regarding regarding the October 1, 2025 hearing, hearing, he did did not raise an objection objection to to

the the hearing hearing being being conducted conducted in in her her absence. absence. Therefore, Therefore, this this issue issue is is waived. waived.

With With regard regard to to Mother’s Mother's arguments, arguments, the the Petitioner Petitioner failed failed to provide aa basis to provide basis for for

termination of Mother's termination of Mother’s parental parental rights, this case rights, this case began began when LCOCYS became when LCOCYS became

involved with involved with this this family family on on March March 20, 20, 2023, 2023, after after receiving receiving aa referral referral containing containing

allegations allegations that that Mother Mother and and Child Child were were both both impacted impacted by by substance substance use. use,'3When When Child Child

was born was born on on March March. ,,2023, 2023, both both Mother Mother and and Child Child experienced experienced respiratory respiratory issues issues I l

related related to to Mother’s Mother's abuse abuse of of illicit illicit substances. substances, Mother Mother had had to to be intubated and Child intubated and Child

was on aa breathing was on breathing machine. N.T., Oct. machine. N.T., Oct. 1, 1, 2025, 2025, 9-10, 9-10, 15:21-24. 15:21-24. Child Child also also had had

feeding concerns, required feeding concerns, required aa feeding feeding tube, tube, was was receiving receiving morphine morphine to to aid aid symptoms symptoms

of opiate withdrawal, of opiate withdrawal, and and needed needed medication medication for for seizures. seizures. Id. Id, at at 1 11.. Mother Mother remained remained

in the Intensive in the Care Unit Intensive Care Unit (WICU”) of ("ICU) of the the St. St. Luke’s Luke's University University Health Health Network, Network,

Anderson Campus, for Anderson Campus, for aa few few days, days, and and Child Child remained remained in in the the Neonatal Neonatal ICU ICU

» 3 The outcome of The outcome investigation into the investigation of the into the the referral referral was later determined was later determined toto be be valid valid because because illicit illicit substances substances were were present present in in both both Mother’s and Child's'systems. Mother's and Child’s' systems. N.T., NT., Oct. 1, Oct. 1, 2025, 2025, 15:23-16:4. 15:23-16:4. 20:15-19. 20:15-19

33 (“NICU”) for approximately five weeks, ("NICU") weeks.'4Upon discharge from from the NICU, NICU, the Child

was was transported transported to to Good Good Shepherd Shepherd Rehabilitation Rehabilitation Hospital (“Good Shepherd”) Hospital ("Good for Shepherd") for

continued treatment and continued treatment and rehabilitation related to rehabilitation related to her her feeding difficulties. Id. feeding difficulties. at 1 Id. at 11 :3- 11:13-

17. 17.

While ’Child Child was was in in the NICU, NICU, hospital hospital staff had difficulty difficulty reaching Mother Mother •

and difficulty and getting her difficulty getting her consent consent to to medical medical procedures procedures Child needed. In Child needed. addition, In addition,

Mother did Mother did not visit Child not visit Child regularly regularly to spend time to spend bonding with time bonding with Child Child and and learning learning

how how to to care care for for Child’s Child's medical medical needs. The majority needs. The majority of Mother’s visits of Mother's visits occurred occurred after after

hours hours when when hospital staff were hospital staff were not available to not available to help help educate educate Mother on the Mother on Child’s the Child's

medical needs. medical Additionally, hospital needs. Additionally, hospital staff staff noticed noticed that Mother Mother at times appeared at times appeared to to

be under be under the the influence influence of of substances while while she she was was visiting Child. Id. visiting Child. Id. at 12: 11- 13:22, 12:11-13:22,

18:22-19:16. 18:22-19:16. Due Due to to her her documented history history of substance substance abuse, abuse, hospital hospital staff

connected Mother connected with . certified Mother with certified recovery recovery specialists through aa county-based specialists through county-based

program. program, Treatment Treatment Trends, Trends, but but found found out out later later that that Mother Mother failed failed to to follow up and follow up and

did not did not enter enter substance substance abuse abuse treatment treatment after Child was after Child was born. Id. at born. Id. at 1:24-12:10. 11:24-12:10, • Child Child was at Good Shepherd was at Shepherd between between the the middle of June middle of June of of 2023 2023 through through the the

end end of July of of July of 2023. 2023. During During this this time, time, it it was was medically medically recommended recommended that that Child Child

• 4 According to According to Jared Jared Case, Case, LCOCYS LCOCYS caseworker. Child was in caseworker, Child in the NICU for the NICU for roughly six weeks, whereas Keith Blackwell, a social work case manager roughly six weeks, whereas Keith Blackwell, a social work case manager for St, for St. Luke’s Luke's University University Health Health Network Network during during the the first first two two to to three three weeks weeks of Child’s life, of Child's life, estimated Child was estimated Child in the was in the NICU NICU for for four four to to five weeks. N.T., five weeks. 1, 2025, Oct. 1, N.T., Oct. 2025, 1 1:10, 11:10, 20:20-21:3. 20:20-213. ' 4 undergo surgery to undergo surgery to place place aa feeding feeding apparatus apparatus into into her her stomach stomach rather rather than than continuing continuing

use of use of the feeding tube through the feeding Child’s nose. through Child's nose. After After missing at least missing at least one meeting to one meeting to

educate and gain educate and gain consent consent from from Mother Mother for for the the procedure, procedure, Mother did eventually Mother did eventually sign sign

consent documentation consent documentation for for the surgery. Id, the surgery. Id. at 22:1-13. 22:1-13.

LCOCYS LCOCYS took took emergency emergency custody custody of of Child Child on on June June 22, 22, 2023, after Child's 2023, after Child’s

parents parents were were both incarcerated. A both incarcerated. A shelter shelter care care hearing hearing took place in took place in the the Juvenile Juvenile

Division Division of of this this Court on June Court on June 26, 26, 2023, 2023, and and Child Child was was adjudicated adjudicated dependent after dependent after

hearing hearing held held July July 13, 13, 2023, 2023, which which Mother did not Mother did attend. Id, not attend. Id. at at 25:1-26:5. 25:1-26:5. The The

Juvenile Juvenile Division ordered Mother Division ordered Mother to engage in to engage in the the following following services services designed designed to to

effectuate reunification: effectuate reunification:

1. 1. Obtain and maintain Obtain and maintain legal income and legal income stable housing; and stable housing; 2. complete aa drug 2. complete drug and alcohol alcohol evaluation evaluation and and any any recommended recommended treatment; treatment; 3. submit 3. submit urine screens to urine screens to demonstrate demonstrate sobriety eight to sobriety eight to nine nine times times per per month; month; 4. 4. obtain obtain aa mental mental health evaluation and health evaluation and follow follow through through with any with any recommendations; recommendations; 5. 5. have have no no unsupervised unsupervised contact contact with Child; Child; and and 6. cooperate 6. cooperate with with in-home in-home reunification reunification services. services.

Permanency review hearings Permanency review hearings were held held February February 8, 8, 2024, August 1I and 2024, August and

September 12, September 12, 2024 (a two-day 2024 (a two-day hearing), hearing), March March 24, 24, 2025, and August 2025, and August 4, 2025. 4, 2025.

Mother was Mother was in in attendance attendance on August 1, on August 1, 2024, 2024, but but did did not attend the not attend the other other

5 • ' permanency review review hearings, hearings, with the possible possible exception exception of the August August 4, 4, 2025, 2025,

permanency permanency review review hearing. hearing.5Id. Id. at 26:25-27:9, 26:25-27:9, 31:1-3, 31:1-3, 47:22-24, 49:3-6. 4722-24, 49:3-6.

After Child had After Child had surgery surgery on on or or about about July July 19, 2023, to 19, 2023, to place place the feeding tube the feeding tube

into into her her stomach, she was stomach, she was released released to to the the kinship kinship home of her home of her maternal aunt and matemal aunt and

uncle, uncle, who lived lived approximately two blocks from from where Mother Mother lived lived with with her own mother. Formal mother. Formal visitation visitation was was not not set set up, up, and and Mother Mother could could have have visited visited Child Child by by

making informal making arrangements with informal arrangements with her her sister. Mother visited sister. Mother visited Child Child just twice just twice

between July 1 between July 9, 2023 19, 2023,, and February 8, and February 8, 2024. 2024. Id. Id. at at 28 :2- 11 28:2-11,, 4-23 . 29: 1 29:14-23.

Due to concerns Due to concerns over over whether Child’s medical whether Child's and nutritional medical and nutritional needs needs were were

adequately being met adequately being met in in light light of her inadequate of her inadequate weight weight gain gain and and her her being being measured measured

at the first at first percentile percentile of of weight weight and and height height for for children her age, children her age, she she was was placed placed into into

foster care foster care on February 2, on February 2024, when 2, 2024, when she she was was 10 10 months months old. old. Id. at 42:14-17. Id. at 42:14-17. She She

has remained has remained with with the the foster foster family ever since. family ever since. From From her her birth, birth, Child Child has has never been never been

in Mother’s in care. Mother's care.

Mother's court-ordered Mother’s court-ordered services remained the services remained the same same throughout throughout the the

dependency dependency proceedings, proceedings, except except to to the extent that the extent that her her supervised supervised visits visits with with Child Child

were were decreased. decreased. Id. Id, at at 48:2-5, 48:2-5, 53:10-12, 53:10-12, 57:9-17. 57.9.17. Although Although the the court-ordered court-ordered

services were designed services were designed to to help help effectuate effectuate reunification, reunification, Mother did not Mother did not make make any any

» Petitioner’s 5 Exhibit P-1 Petitioner's Exhibit P-1 does does not not include include the the Permanency Permanency Review Review Order Order from from August August 4,4, 2025, 2025, and and the the testimony testimony adduced adduced at at the the parental parental termination termination hearing did hearing did not establish not establish whether whether she she attended attended the August 4, the August 4, 2025 2025 permanency permanency review review hearing. hearing.

6 6 notable notable progress progress toward toward reunification reunification by by the the time of the time of the termination termination hearing hearing on on

October 1, 2025. October 1, 2025. Id, at 60:9-20, Id. at 78:6-22. With 60:9-20, 78:6-22, respect to With respect to the the requirement requirement that that she she

obtain and obtain and maintain maintain legal legal income, income, Mother Mother did did not not maintain maintain consistent employment consistent employment s throughout throughout the the duration of of the the dependency dependency proceedings.- proceedings. Id. Id. at at 46:13-15, 46:13-15, 49:12-15, 49:12-15, i

80:1-12. She consistently 80:1-12. She consistently told told the the in-home in-home reunification reunification worker, worker, Alyssa Alyssa Deebles Deebles

with Lehigh Lehigh Valley Valley Families Together Together (“LVFT”), ("LVFT"), that that she relied relied on her grandparents grandparents

to to provide provide for for her her financially, financially, and and she did not she did not follow follow through through on efforts efforts to obtain to obtain

employment. employment. There There was was not not any any evidence presented on evidence presented on how how much much financial financial support support

Mother’s Mother's grandparents grandparents provided provided to to her. her. Id. Id at 80:1-9, 80:1-9.

Mother was also Mother was also required required to to obtain obtain and and maintain maintain stable housing. When stable housing. When she

was communicating with was communicating with the the LCOCYS caseworkers involved LCOCYS caseworkers involved with with the the family, family, she she

consistently consistently stated stated that that she she was was living living at at her her mother’s mother's house. house. Id. at 54:5-1 Id, at 1, 80:1-9. 54:5-1H, 80:1-9

However, However, when when caseworkers caseworkers tried tried to to visit visit Mother Mother at that that location, location, she she was was hot not there. there.°6

Id. . Id. at at 17:16-18:2. 17:16-182. At At times, times, her her family family indicated indicated her . her whereabouts were unknown whereabouts were to unknown to

them. Id. at 30:11-22. them. Id, Throughout the 30:11-22. Throughout the duration duration of the the dependency proceedings, dependency proceedings,

•6 WeWe note note that that LCOCYS caseworker Jared LCOCYS caseworker Jared Case Case successfully successfully met met with with Mother Mother atat maternal grandmother’s maternal grandmother's home home onon April April 5, 5, 2023, 2023, after after several unsuccessful attempts. several unsuccessful attempts. Child was Child was still still in in the the NICU NICU at at the the time. time. Mr, Mr. Case went went over over the the court-ordered court-ordered services with with her, her, expressed expressed the importance importance of visiting visiting Child Child regularly regularly during hours when hospital staff when hospital staff could could help help train Mother regarding train Mother Child’s medical regarding Child's medical needs, needs, and and the importance importance of visiting visiting Child while not under under the influence. influence. N.T., Oct. I, N.T., Oct. 1, 2025, 2025, 1 8:3-20: 14. It does not appear 18:3-20:14. It does not appear that his his conversation with with Mother resulted in a resulted in a change in Mother’s behavior. in Mother's behavior.

77 Mother Mother was was in and out in and ofjail out of jail in in a variety counties and variety of counties and she she had active, active, outstanding outstanding

bench warrants. Id. bench warrants. Id. at 48:16-49:6, 72:13-15. at 48:16.49:6, 72:13-15. For significant periods For significant periods of time, of time,

Mother’s Mother's whereabouts whereabouts were unknown unknown to to LCOCYS. LCOCYS.

With With regard regard to to the the court-imposed court-imposed requirements requirements that that Mother Mother complete a drug drug,

and alcohol alcohol evaluation evaluation and a mental mental health evaluation, and follow health evaluation, follow through with any recommended treatment, it recommended treatment, it appears appears that that Mother Mother did did not comply. Id. not comply. Id. at 55:7-17, 57:3- at 55:7-17, 57:3-

17. 17. She She repeatedly repeatedly told told Ms. Ms. Deebles Deebles she she had had an an evaluation with aa service evaluation with service provider provider

called Clean called Clean Slate Slate and and that she was that she involved in was involved in ongoing ongoing mental mental health health treatment treatment

there. there. However, However, when when LVFT LVFT sought sought to verify Mother’s to verify Mother's claims, Clean Slate claims, Clean Slate clarified clarified

that Mother Mother engaged engaged only only in drug and alcohol in a drug alcohol intake interview interview and nothing more, more,

leading to leading to aa conclusion Mother lied conclusion Mother lied when when she she repeatedly repeatedly claimed claimed to to be in in treatment treatment

with Clean Clean Slate. Slate. Id. Id, at at 78:23.-79:25. 78:23-79:25. . •

Mother Mother told told Ms. Ms. Deebles Deebles that that she she submitted submitted to to aa drug arid alcohol, drug and evaluation alcohol evaluation

incarcerated at Montgomery while incarcerated Montgomery County County Prison, Ms. Deebles offered Prison, but when Ms. offered to to

transport Mother transport Mother to to the the prison prison to to retrieve retrieve those those records records so so Mother Mother could substantiate substantiate

her compliance her compliance and and satisfy satisfy LCOCYS, LCOCYS, Mother Mother failed failed to to respond respond and and never never produced produced

the the records. records. Mother Mother did did riot not have any contaet contact with with her her LCOCYS caseworker from LCOCYS caseworker from

mid-January, mid-January, 2025 2025 until early September, until early September, 2025. 2025. Id. Id. at 63:19-64:7. During at 63:19-64:7. During the the

conversation conversation with her caseworker with her caseworker in January, 2025, in January, 2025, Mother Mother stated she was stated she was engaged engaged

8 in in mental mental health health treatment treatment through through aa virtual virtual program program called called Ophelia. Ophelia.'7 The The ' caseworker was caseworker was unable unable to to verify verify the the claim claim because because she could not she could not reach Mother to reach Mother to

consent forms that would enable LCOCYS have her complete consent LCOCYS to receive information

from the from the Ophelia Ophelia program. Id. at program. Id. 46:22-47:7. Mother at 46:22-47:7. Mother also also relayed to Ms. relayed to Ms. Deebles Deebles

that she was that was working working with with the the Ophelia Ophelia program. program. Although Mother Mother told Ms. Deebles told Ms. Deebles

she would she would sign sign consents consents for for verification verification of of the the treatment, treatment, Mother Mother never never completed completed

the consent forms. forms. Id. 78:23-79:25. Id. at 78:23-79:25.

Mother made Mother made additional additional claims about obtaining claims about obtaining treatment treatment that could not that could not be be z verified. After verified. After not not having any contact having any contact with with LCOCYS or LVFT LCOCYS or LVFT since since January of January of

2025, Mother 2025, contacted the Mother contacted the LCOCYS caseworker on LCOCYS caseworker on September September 5, 5, 2025, 2025, shortly shortly

before.the September beforeithe 9, 2025 September 9, 2025 hearing/ hearing.' During During the the call, call, the the caseworker asked Mother caseworker asked Mother

where she had where she had been been for for the the past past nine nine months. months. Mother Mother indicated she had indicated she had been in aa been in

drug drug rehab rehab program program for about aa month for about and aa half month and half and and needed needed to to promptly promptly return retum to to aa

rehab rehab in in order to adjust order to adjust the the dosing dosing on on Suboxone injections she Suboxone injections was taking. she was taking. Mother Mother

did not did not identify identify aa specific specific rehab rehab facility where she facility where she had been or had been where she or where would be she would be

going, and going, and she she did did not state where not state where she she had been for had been for the the rest of the rest of the nine months that nine months that

her whereabouts her whereabouts were were unknown. unknown. Without Without the the name name of of the facility and the facility and signed signed 1

consents from consents from Mother, Mother, LCOCYS LCOCYS was not able was not able to to verify whether Mother verify whether Mother actually actually

7 In In this this program, program, clients provide provide urine urine samples samples through through the the mail mail in in furtherance furtherance of of substance abuse substance abuse treatment. treatment. See note 2, supra. +8 See note 2, supra.

99 ' attended substance attended substance abuse abuse treatment. treatment. Id. Id. at at 54:15-55:17. 54:15-55:17. In In sum, there was. sum, there was not any not any ¢

time during time during the the pendency of the pendency of the related related dependency dependency proceedings proceedings that that the the Agency Agency

was was able able to to verify verify that Mother complied that Mother complied with with the Court-ordered services the Court-ordered services to obtain aa to obtain

drug and alcohol drug and alcohol evaluation or aa mental evaluation or health evaluation, mental health evaluation, or or that that she complied with she complied

any any treatment treatment recommendations. recommendations.

Another requirement in Another requirement in the the related dependency proceedings related dependency proceedings was was that that Mother Mother

submit urine submit urine screens screens eight eight to to nine nine times times per per month month in in order order to to demonstrate demonstrate her her

sobriety. Services were sobriety. Services were set set up at service up at service provider Averhealth to provider Averhealth to facilitate this facilitate this

requirement, requirement, but but Mother Mother did did not not provide any urinalysis provide any urinalysis to to Averhealth Averhealth throughout throughout the the

pendency pendency of of the the related related dependency proceedings. LVFT dependency proceedings. offered transportation LVFT offered transportation to ,

Averhealth, but Mother Averhealth, but Mother always always declined declined aa ride ride and and refused refused to to go. go. Id. Id. at 78:6-22. at 78:6-22.

. Mother Mother was was referred referred on on two occasions to two occasions to court-ordered court-ordered in-home in-home reunification reunification

services. LVFT services. LVFT attempted attempted to to provide provide services the first services the first time time between between March March 11,2024, 1H,2024,

and May 24, and May 24, 2024, 2024, but but LVFT L did did not meet in not meet person with in person during that Mother during with Mother that period. period.

Services were Services were discontinued discontinued when when Mother was incarcerated. Mother was incarcerated. Id. Id. at at 43:4-25. 43:4-25. LVFT LVFT

provided provided services services again again between July 3, between July 3, 2Q24, 2024, and and April April 21, 21, 2025, 2025, at at which point which point

Mother was Mother discharged due was discharged due to to not not having any contact having any contact with with LVFT LVFT since since January January of of

2025. 2025. Id. Id. at at 51:19-52:2. 51:19-52:2. Both Both times, times, LVFT LVFT tried tried to to work on specific work on goals with specific goals with

Mother, namely Mother, namely substance, substance, abuse, abuse, mental mental health, health, and employment and and employment and income, income, but but

Mother did not Mother did not meet meet any of the any of the goals. goals.

10' IO In In addition addition to to the goals stated stated above, above, LVFT also also supervised supervised Mother’s Mother's visits

with Child. with Child. Although Although many many visits visits were were scheduled, scheduled, Mother Mother attended attended visits visits

sporadically and sporadically and inconsistently. inconsistently. She She attended attended only only nine nine visits visits throughout throughout LVFT’s LVFT's

involvement involvement with with the the family. family. Id. at 81:19-24. Id. at 81:19-24. Initially, Initially, visits were scheduled visits were scheduled weekly weekly

for two two hours, hours, but but they were were decreased to one decreased to one hour " hour every every two two weeks . weeks due due to to Mother’s Mother's ) frequent frequent cancellations and no-shows. cancellations and no-shows. Mother Mother blamed blamed the cancellations and the cancellations and no-shows no-shows

on on transportation transportation issues issues with with her her friends friends and and family. Mother was family. Mother was consistently consistently offered offered

rides by LVFT rides by LVFT to to and and from from the the scheduled scheduled visits with the visits with Child, but the Child, but Mother declined Mother declined

the offers. At the offers. At times, times, Mother Mother cancelled cancelled visits visits at the last at the last minute or failed minute or failed to show up to show up ♦ after confirming after she would confirming she would attend attend the visit. Id. the visit. Id. at at 80; 13-81 :1 2. 80:13-81:12.

LVTF LVTF supervised supervised three three visits visits that took place that took place in in July of 2024, July of 2024, and and at at least three least three

visits visits which which occurred occurred between between the the beginning beginning of of December December 2024 2024 and January 27, and January 27,

2025. Id. 2025. Id. at 45:7-16, 56: at 45:7-16, 1 7^1 9, 83:1-4, 56:17-19, 83:1-4, 86:14-18. 86:14-18. When When both both LCOCYS LCOCYS and and LVFT LVFT

lost contact lost contact with with Mother Mother at at the end of the end of January January of of 2025, 2025, additional additional visits visits were not were not

scheduled. scheduled. Id. Id. at at 57:1-8. 57:1-8. Mother’s Mother's very very last last visit visit with Child occurred with Child occurred on on March March 19, 19,

2025, 2025, when when Mother Mother attended Child’s birthday attended Child's birthday party party in the community in the community as as supervised supervised

by by Diakon. Child’s foster Diakon. Child's foster family family extended extended an an invitation invitation to Child’s extended to Child's extended s. biological biological family, family, and Mother showed and Mother showed up up unexpectedly. Since January unexpectedly. Since of 2025, January of 2025,

Mother has not Mother has contacted LCOCYS not contacted LCOCYS or or LVFT LVFT to to request that visits request that resume. Id. visits resume. at Id. at

50:10-51:14. 50:10-51:14.

n Even Even prior prior to LVFT’s involvement, to LVFT's involvement, Mother Mother was was sporadic sporadic and and inconsistent inconsistent

with with visitation visitation both both when Child was when Child was in in the the NICU NICU and and when when Child Child was was placed placed with with aa

maternal aunt and maternal aunt and uncle uncle in in very- very close close proximity proximity to to Mother’s Mother's alleged alleged residence. residence. Id.

at 29: at 14-23. Mother’s 29:14-23. only period Mother's only of consistent period of consistent visitation visitation with Child occurred with Child occurred during during

a period period of incarceration. Mother obtained incarceration. Mother to have weekly obtained authorization,to weekly virtual virtual visits with Child. with Child. Id. Id. at 62:1-15. The at 62:1-15, The record record is is not clear as not clear to who as to supervised these who supervised visits these visits

or or the the duration duration that that virtual virtual visits visits took took place. place. However, However, these these virtual virtual visits visits appear appear to to

have have been short-lived. According been short-lived. According to to Exhibit Exhibit P-1 P-I at at page page 32, 32, it appears the it appears the Juvenile Juvenile

Dependency Dependency Division Division of of this this Court Court entered entered an an Order Order on December December 5, 2024, 5, 2024,

indicating indicating visits visits between between Mother Mother and and Child Child would would be be virtual while Mother virtual while Mother remains remains

incarcerated at incarcerated at the the Northampton Northampton County County Jail. Jail. Credible Credible testimony testimony established established that that

Mother was Mother was released released from from incarceration incarceration on on December December 10, 2024. Therefore, 10, 2024. Therefore, it appears it appears

that that for for aa period period of of five five calendar calendar days, days, Mother Mother exercised exercised her her virtual virtual visits visits with Child. with Child.

Id. Id. at at 62:16-23. / 6216-23

In In light of Mother’s light of lack of Mother's lack of compliance compliance and and progress progress with with all all of the court- of the court-

ordered services ordered designed to services designed to help effectuate Mother’s help effectuate Mother's reunification reunification with with Child, Child, the the

undersigned undersigned found found the the Agency’s Agency's petition petition to to terminate terminate Mother’s Mother's parental parental rights rights

pursuant to pursuant to 23 23 Pa.C.S. Pa.C.S. §25 11(a)(1), (2), $2511(a)(D), (5), and (2), (5), (8) was and (8) was well-established. well-established. Child Child has has

been continuously in been continuously placement with in placement with LCOCYS LCOCYS since since July July 13, 13, 2023, and has 2023, and has not not been been

in in Mother’s Mother's direct care since direct care since she was bom. she was bom. Throughout this time, Throughout this time, as as demonstrated demonstrated

12 above, Mother above, has not Mother has not shown shown interest interest in in performing performing parental duties or parental duties or taking taking the the

steps steps necessary necessary to to provide provide Child Child with with the essential parental the essential care, control, parental care, control, or or

subsistence she subsistence she needs needs for for her her physical physical and and mental mental well-being. well-being. (See (See 23 23 Pa.C.S. Pa.C.S.

§25 11 (a)(1) and 8$2511(a)1) and (2).) (2).) ' The Agency filed filed its its petitions to to involuntarily involuntarily terminate Mother’s Mother's parental parental rights rights to Child on to Child on March March 1 1, 2025, 11, 2025, approximately approximately 20 months after 20 months after the the Court Court placed placed

Child in Child the custody in the of LCOCYS. custody of LCOCYS, In those those 20 20 months, months, Mother Mother did did not not exhibit exhibit any any

willingness to do willingness to do what what the Agency told the Agency told her her she must do she must order to in order do in to regain regain custody custody

of Child, of Child, not not even even attend attend supervised supervised visits visits consistently. Since Child consistently. Since Child was placed in was placed in

the Agency’s the care on Agency's care on July July 13, 13, 2023, 2023, Mother Mother and and Child have had Child have had fewer fewer than than aa dozen dozen

supervised supervised visits visits together. together. Child Child is now two-and-a-half is now two-and-a-half years old, and years old, and Mother Mother is is still still

not in not in aa position position to to assume assume custody custody of of Child. Child.

Mother has not Mother has not remedied remedied her her failure failure and and refusal refusal to provide essential to provide essential parental parental

care for care for Child Child in in aa , reasonable time, reasonable time, in in excess excess of of the six-month and the six-month and 12-month 12-month time time

frames established by frames established by 23 23 Pa.C.S. Pa.C.S. §25 11(a)(5) and $2511(a)(5) and (8). (8). Mother chose not Mother chose not to to avail avail

herself of herself of the the services services and and assistance that were assistance that were available available for for the the duration duration of time the of time the

Child has Child has been been in in LCOCYS custody, all LCOCYS custody, all of of which which were designed to were designed to help help Mother Moth~r

remedy the remedy conditions that the conditions that led to Child’s led to Child's removal. removal. Mother Mother has has been content to been content to allow allow

others to provide others to provide the essential parental the essential parental care Child care Child . requires. “Parental rights requires. "Parental . not are rights are not

preserved by preserved by waiting for aa more waiting for more suitable or convenient suitable or convenient time time to to perform one’s perform one's

' 13 parental responsibilities while parental responsibilities while others others provide provide the the child child with with his his or or her her physical and physical and

emotional emotional needs.” needs." In In re Adoption ofB.GS, re Adoption of B.G.S., 245 245 A.3d A.3d 700, 700, 706-07 706--07 (Pa. (Pa. Super. Super.

202 1 ), reargument 2021), 1argument denied (Mar. 1 denied (Mar. 1 11,,202 1 ). 2021). I Mother is neither Mother is neither ready ready nor nor able able to to resume resume parental parental duties. duties. At At the the time of the time of the

termination termination hearing, hearing, Mother’s Mother's whereabouts whereabouts were were again again unknown. unknown. She She had had not not , / submitted submitted any any urine urine screens screens to demonstrate sobriety, to demonstrate sobriety, had not completed had not completed aa drug drug and and

alcohol evaluation alcohol evaluation or or aa mental mental health health evaluation, evaluation, and and did did not sign appropriate not sign appropriate

releases to allow releases to allow LCOCYS LCOCYS to to substantiate substantiate her her claims claims of of treatment. Since late treatment. Since January late January

of 2025, she of 2025, she did did not not request request to to resume visits with resume visits with Child. N.T., Oct. Child. N.T., Oct. 1, 1, 2025, 2025, 83:1-4. 83:1-4,

She She has has not not seen seen Child Child since since March March 19, 2025. She 19, 2025. She has has not not cooperated cooperated with in-home with in-home

reunification reunification services. services. Id. Id, at at 59:21-24. 59:21-24. Moreover, Moreover, when when the the termination termination hearing hearing took took

place, place, Mother Mother had had active active bench bench warrants warrants in in both Northampton and both Northampton and Montgomery Montgomery

Counties that Counties that were were unresolved. unresolved. Id. at 72:13-15. Id. at 72:13-15.

In the In the meantime. Child has meantime, Child has been been thriving thriving in in the the foster foster home, and her home, and her medical medical

situation has situation has improved significantly. She improved significantly. ' She previously previously had had been been required required to to consult consult

with with numerous numerous specialists, specialists, including including aa gastroenterologist, gastroenterologist, aa speech speech therapist, therapist, aa

feeding feeding therapist, therapist, aa dietician, dietician, and and an an eye eye doctor. doctor, At At the the time time of of the the termination termination

hearing, she was hearing, she only seeing was only two doctors: seeing two an eye doctors: an eye doctor doctor for an issue for an lazy eye with lazy issue with eye

and her and her regular pediatrician. Id. regular pediatrician. at 69:7-17. Id. at 69:7-17. Her Her feeding feeding tube tube was was removed in removed in June June

of 2025 of 2025 and and has has not not been been needed needed for feedings since for feedings since January January of of 2025. 2025. Id. Id. at at 53:21- 53:21-

14 54:1. Notably, Mother 54:1, Notably, was permitted Mother was permitted and and encouraged encouraged to attend Child's to attend Child’s medical medical

appointments appointments and was was informed of appointments appointments through through LVFT, LVFT, but but Mother Mother did not did not ' attend any attend Child’s medical any of Child's medical appointments. appointments. Id. Id. at 52:6-17. at 52:6-17.

Mother Mother does does riot seem able not seem to summon able to summon the the ability, or the ability, or the interest, interest, to handle to handle

the responsibilities responsib of parenting, parenting, and and there is is no reason to to prolong prolong Child’s Child's

involvement involvement with with the the foster care system. foster care system. See See In fe Z.SW,, [nre Z.S.W., 946 946 A.2d A.2d 726, 726, 732 732 (Pa. (Pa.

Super. 2008) (holding Super. 2008) child’s life (holding child's “simply cannot life "simply cannot be be put on hold put on hold in in the hope that the hope that [a [a

parent] will parent] will summon the the ability to handle ability to handle the the responsibilities responsibilities of of parenting”). parenting"). Child

is placed is in a legal placed in legal risk risk foster home, home, and and the foster family looks looks forward forward to to adopting

Child if Child parental rights if parental rights are are terminated. terminated. Reunification Reunification with with Mother Mother is is unrealistic unrealistic at at

this this time; time; therefore, therefore, the the undersigned undersigned determined determined that that termination termination of of Mother’s Mother's

parental parental rights rights would would best best serve Child’s needs serve Child's needs and and welfare. welfare. (See (See 23 23 Pa.C.S. Pa.C.S.

§251 1(a)(5) and $2511(a)(5) and (8).) (8).) . An analysis An analysis of of the Child’s needs the Child's needs and and welfare welfare pursuant pursuant to to 23 23 Pa.C.S. Pa.C.S. §25 11(b) $2511(b)

is an indicates there is an insufficient bond between the Child Child and Mother. Mother. The Child has

lived lived in in the the foster foster home home since since February 2, 2024, February 2, 2024, and has has been been outside of of Mother’s Mother's

care since since birth. birth. After After Child Child left left the the NICU, NICU, Mother Mother had fewer than had fewer than a dozen dozen visits visits

with with Child Child during during her lifetime. When her lifetime. When visits visits "did did occur, occur, Mother Mother was was aa stranger stranger to to

Child, Child, and it was was clear from from Child’s Child's behavior that that Child does not not have a bond with

Mother. At Mother. At the beginning beginning of visits, Child Child would cling cling to to her foster mom and cry for

15 +'

her, but with her, but with help help Child eventually calmed down. Child eventually down. She would would nevertheless nevertheless look out look out

the window and the window call out, and call out, "Momma!" “Momma!” while while looking for her looking for her foster mom. During foster mom. During visits, visits,

Mother Mother was was attentive attentive to to Child Child and tried tried to engage Child to engage Child with with some success, success, but but Child

was more was drawn to more drawn to her her foster parents. Id. foster parents. Id. at 82:2-25. Child at 82:2-25. does not Child does not refer refer to to Mother Mother

word, but with any name or particular word, but she calls, “Mommy” and calls her foster parents "Mommy"

“Daddy.” Id. "Daddy." at 589-19, Id. at 58:9-19, 82:22-25. 82:22-25.

Child is Child is very very attached attached to. her foster to her foster parents. parents. She She is is happy happy and and healthy healthy in in their their

home. home. She She is is bonded to the bonded to the foster. parents’ foster parents'' biological children, biological ' children, who are all who are all older older than than

Child, and Child, and they they are are bonded bonded to to Child. Child, Her foster parents Her foster parents take take care care of all of of all of her day- her day-

to-day to-day needs, needs, and and they they managed managed her her past past medical needs, medical needs, which which were were significant, significant, with with

tremendous tremendous success. success. Id. Id. at at 70:5-25, 70:5.-25, The The foster foster parents parents consider consider it it important important for for Child Child

to to know know her her biological family, and biological family, and they they maintain maintain good good communication communication with with the ' '

extended biological extended biological family. family. They They are open to are open to having contact with having contact with the the biological biological

family as family long as as long as both parents are both parents are healthy healthy and and the contact is the contact for Child. beneficial for is beneficial Child. Id. Id i

at at 71:1-11. 71:1-11. For For all of the all of the above above reasons, reasons, the the undersigned undersigned determined determined that Child’s that Child's

needs needs and and welfare welfare would would best best be be addressed addressed by by termination termination of of Mother’s Mother's parental parental

rights rights so so Child Child can be be adopted adopted by by her her foster foster parents in order parents in order to advance her to advance her

developmental, developmental, physical physical and and emotional emotional needs needs and and welfare. welfare.

16 I

’ IT IS IT ORDERED that IS ORDERED that the Clerk of the the Clerk the Orphans’ Orphans' Court shall forthwith Court shall forthwith

transmit the transmit the record record to to the the Superior Superior Court Court for for the the adjudication adjudication of of the the aforesaid aforesaid appeal. appeal.

BY THE COURT:

Date: December Date: December '[,,2025 2025 dke±4ta'de, '

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