In Re: L.P.D., Appeal of: D.L.L

CourtSuperior Court of Pennsylvania
DecidedApril 11, 2025
Docket2844 EDA 2024
StatusUnpublished

This text of In Re: L.P.D., Appeal of: D.L.L (In Re: L.P.D., Appeal of: D.L.L) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re: L.P.D., Appeal of: D.L.L, (Pa. Ct. App. 2025).

Opinion

J-S05013-25

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN RE: ADOPTION OF: L.P.D., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: D.L.L., MOTHER : : : : : No. 2844 EDA 2024

Appeal from the Decree Entered October 8, 2024 In the Court of Common Pleas of Montgomery County Orphans' Court at No(s): 2023-A0043

BEFORE: BOWES, J., MURRAY, J., and STEVENS, P.J.E.*

MEMORANDUM BY BOWES, J.: FILED APRIL 11, 2025

D.L.L. (“Mother”) appeals the October 8, 2024 decree that involuntarily

terminated her parental rights to her biological son, L.P.D., born in June 2017.

We affirm.

We gather the pertinent factual and procedural history of this matter

from the certified record. The Montgomery County Office of Children and

Youth (“OCY”) first became involved with this family in April 2021, when it

received a referral indicating Mother was not providing L.P.D. with sufficient

food and raising concerns regarding Mother’s mental health. 1 Between April

____________________________________________

* Former Justice specially assigned to the Superior Court.

1 Mother has one older daughter who is not implicated by this appeal. Nonetheless, we note that Mother does not have custody of the elder sibling, who instead resides with Mother’s aunt and uncle in Audubon, Pennsylvania. See N.T., 11/29/23, at 108. J-S05013-25

2021 and November 2021, OCY instituted a family service plan to address

Mother’s struggles with homelessness, unemployment, and L.P.D.’s

ungovernable behavior. During this time, Mother resided with L.P.D. in a

homeless shelter apartment in Norristown, Pennsylvania. OCY conducted

several home visits at this location, which revealed L.P.D. was regularly

yelling, crying for food, and engaging in disruptive behavior.

In November 2021, OCY and the Norristown Police Department received

several referrals regarding L.P.D. being left alone and Mother’s declining

mental health. C.D. (“Father”) assumed custody of L.P.D. on or about

November 13, 2021, after Mother deposited the child into his care. On

December 2, 2021, the juvenile court awarded Father emergency protective

custody of L.P.D. Father, however, refused to cooperate with OCY and

declined to provide drug screens on at least three different occasions. One

week later, Father returned L.P.D. to Mother’s care voluntarily. Thereafter,

Father had no evident contact with L.P.D. or OCY. 2

On January 5, 2022, the trial court granted OCY emergency protective

custody of L.P.D., which was confirmed at a shelter care hearing the same

day. On January 20, 2022, the court adjudicated L.P.D. dependent and

established his initial placement goal as reunification with Mother with a

2 On April 6, 2023, OCY filed a petition requesting that the orphans’ court involuntarily terminate Father’s parental rights to L.P.D. On November 29, 2023, the orphans’ court filed a decree that involuntarily terminated Father’s parental rights. We discern that he did not appeal.

-2- J-S05013-25

concurrent goal of adoption. L.P.D. was placed in a pre-adoptive foster care

home with S.H. (“Foster Mother”), where he has remained during these

proceedings. See N.T., 11/29/23, at 48, 53. L.P.D. has been diagnosed with

attention deficit disorder and receives a variety of services at school. Id. at

52. L.P.D. was represented by a court-appointed guardian ad litem (“GAL”),

Lara Kash, Esquire, throughout the dependency proceedings.

In furtherance of reunification, Mother was ordered to undergo a

psychological evaluation and follow the resulting recommendations, obtain

stable housing, and continue working on her family service plan objectives,

which included keeping steady employment and learning about nutrition, basic

parenting skills, and appropriate disciplinary methods. Id. at 13, 35, 66-67.

Mother was also offered supervised visits with L.P.D. for one hour every week.

Between April 2022 and April 2023, the court held regular permanency review

hearings. At every such proceeding, it found that Mother was in minimal

compliance and had made no progress concerning her court-ordered

objectives. During this same period, Mother participated in just fourteen of

sixty-eighty potential supervised visits with L.P.D. Id. at 23. The court

eventually reduced Mother’s visits to one hour every other week in April 2023.

Id. at 28-29. Thereafter, Mother began attending the supervised visits more

regularly. Id. at 48.

Meanwhile, on March 31, 2023, OCY filed a petition to involuntarily

terminate Mother’s parental rights pursuant to 23 Pa.C.S. § 2511(a)(1), (2),

-3- J-S05013-25

(8), and (b). The orphans’ court reappointed Attorney Kash to serve as

L.P.D.’s legal counsel during the termination proceedings. On November 1,

2023, OCY filed an amended petition that narrowed the grounds alleged by

for termination purposes to § 2511(a)(1), (8), and (b). The orphans’ court

held a termination hearing later that month. As of that proceeding, L.P.D.

was six years old and had been in placement for nearly twenty-three months.

At the hearing, the agency adduced testimony from OCY supervisor Andrew

Orr and OCY adoption caseworker Susan Rhoads. It also introduced various

documents related to L.P.D.’s dependency proceedings. Additionally, Attorney

Kash reported that L.P.D. expressed a strong preference for remaining in

Foster Mother’s care. Id. at 132-33. Finally, Mother was present and testified

on her own behalf.

The same day as the hearing, the orphans’ court filed a final decree that

involuntarily terminated Mother’s parental rights. Mother timely appealed.

On May 21, 2024, this Court vacated the decree after concluding the orphans’

court appointed Attorney Kash to serve as L.P.D.’s dual GAL and legal counsel

without first determining whether the child’s best and legal interests conflicted

in contravention of In re Adoption of K.M.G., 240 A.3d 1218, 1233-34 (Pa.

2020) (citing 23 Pa.C.S. § 2313(a)). See In re Adoption of L.P.D., 321

A.3d 971, 2024 WL 2290388 (Pa.Super. 2024) (non-precedential decision).

We remanded for the court to assess whether there was a conflict in L.P.D.’s

-4- J-S05013-25

interests and, if not, to re-enter the termination decree. Id. at *4 (citing

Interest of A.J.R.O., 270 A.3d 563, 571 (Pa.Super. 2022)).

The orphans’ court held a hearing regarding potential conflicts in L.P.D.’s

respective interests and issued a supplemental finding that there was no

conflict in L.P.D’s legal or best interests that precluded Attorney Kash from

dually representing him. See Pa.R.A.P. 1925(a) Opinion, 11/7/24, at 1. On

October 8, 2024, the orphans’ court re-entered a termination decree as to

Mother.

Mother filed a timely notice of appeal and a concise statement of errors

complained of on appeal pursuant to Pa.R.A.P. 1925(a)(2)(i) and (b). The

orphans’ court submitted a Rule 1925(a)(2)(ii) opinion that referred to the on-

the-record reasoning it had previously articulated at the conclusion of the

November 29, 2023 hearing. Mother presents the following issues for our

review:3

1. Whether there is sufficient evidence to support the findings of th[e orphans’] court that the agency proved by clear and convincing evidence the requirements of 23 Pa.C.S. § 2511(a)(1) for the involuntary termination of . . . Mother’s parental rights?

2.

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In Re: L.P.D., Appeal of: D.L.L, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lpd-appeal-of-dll-pasuperct-2025.