In re N.W.

859 A.2d 501, 2004 Pa. Super. 368, 2004 Pa. Super. LEXIS 3296
CourtSuperior Court of Pennsylvania
DecidedSeptember 21, 2004
StatusPublished
Cited by42 cases

This text of 859 A.2d 501 (In re N.W.) 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 N.W., 859 A.2d 501, 2004 Pa. Super. 368, 2004 Pa. Super. LEXIS 3296 (Pa. Ct. App. 2004).

Opinion

TAMILIA, J.:

¶ 1 Mother appeals the October 31, 2003 Order terminating her rights to her son N.W., born October 5, 2000. Upon a thorough review of the record, mother’s arguments, and the applicable law, we affirm.

¶ 2 Lycoming Children and Youth Services (LCYS) filed a petition for involuntary termination of parental rights of both mother and father. Following a September 22 and 23, 2003 hearing on the petition, the court made the following findings of fact relevant to mother:

1. [N.W.] (hereinafter referred to as child) is a male child, born October 5, 2000 to his biological mother, [P.L.] (hereinafter referred to as mother) and his biological father, [K.W.] (hereinafter referred to as father).
3.The case originally came to the attention of the agency on December 12, 2001 when the child’s daycare facility contacted the agency indicating that no one had picked up the child.
4. Lisa Washington, proprietor of the Child Guidance Daycare Center testified that the child was to be picked up by his grandmother between 2:30 and 3:30 p.m. At 8:30 p.m. they became concerned about the disposition of the child and contacted the agency. Later that evening, placement of the child into emergency custody through the agency was authorized by the Honorable Clinton W. Smith.
5. In the ensuing days it was learned that the child’s mother had been incarcerated at the Columbia County Prison awaiting extradition to Philadelphia to answer two bench warrants. Upon being incarcerated, mother had made arrangements with her mother, [M.L.] (hereinafter referred to as grandmother) to provide care for the child until her release and it was the grandmother that had taken the child to the childcare center on December 12, 2001.
6. Testimony elicited from the grandmother disclosed that as a result of a severe cocaine habit, she did not retrieve the child from the daycare center on December 12, 2001. The agency attempted to locate other resources including father, however, father was incarcerated in December 2001 in the Lycoming County Prison.
7. At the request of the child’s family, and with agreement of father, the child was placed with a family friend, Kirdira Smith.
8. On January 7, 2002, the child was adjudicated dependent and he was placed in the care of Kirdira Smith under protective services provided by the agency. Shortly after the placement of the child with Ms. Smith, she informed the agency that [504]*504she would be unable to continue to care for the child. Accordingly, the child was transferred to agency foster care on January 17, 2002.
10. Following her release in Philadelphia, mother returned to Lycoming 'County. Although the child was in foster care, the case was under the supervision of the reunification unit of the agency as of January 21, 2002.
11. The agency continued to have concerns regarding mother in that she was involved with a paramour, Lionel Harris, who had come to the attention of the agency as a perpetrator of child abuse during this period of time. Although mother provided other possible resources for the child, upon investigation these resources were unacceptable to the agency.
12. As part of the reunification plan developed by the agency, mother was scheduled for a psychological evaluation on June 27, 2002; she did not appear for the evaluation.
13. The Court held a permanency hearing on July 1, 2002 at which time a program was developed for mother to reassume custody of the child. Included in the service plan were the psychological evaluation and a drug and alcohol evaluation. As of the time of this hearing, September 22 and 23, 2003, mother never undertook having the psychological evaluation conducted nor did she have the drug and alcohol evaluation, although at the hearing she presented a letter that indicated she had recently made contact with the drug and alcohol evaluator. Other psychological evaluations were scheduled for mother, however, she did not appear for those including one scheduled July 22,. 2002. In addition to .the foregoing, as part of the permanency plan, mother was referred to parenting classes, however, to date she has not attended any of those classes.
14. Mother continues to have difficulties with the criminal court system. She missed a court hearing scheduled on February 6, 2002 and apparently was incarcerated as a result of a bench warrant with regard to that incident. It should be noted, however, that she was released by the first week of March, 2002.
15. Mother has been unsuccessful in staying employed. Of several jobs she reported, none of them lasted more than a few months.
16. Mother has had difficulty maintaining residences. She has been evicted or otherwise moved from six different residences in Lycoming County and Philadelphia during the time the child has been in foster care. Currently, she is residing in Williamsport with her mother. '
17. The Court does find that mother has attended a number of visits with the child but she has also missed quite a few visits.
18. In the light most favorable to mother, many of her missed visits have been as a result of difficulty with transportation from Philadelphia. Purportedly, her only available transportation is a bus and the Court notes that the bus ride to and from Philadelphia is approximately six (6) hours in each direction. Since she has returned to Williamsport in March, 2003 her visits have been somewhat more regular. In July, 2003, mother informed the agency that she was pregnant and homeless but was staying with her mother, [M.L.] for the time being. Since the child entered fos[505]*505ter care on July 17, 2002,1 mother has visited a total of approximately nine (9) hours. This is over a span of 20 months.
20. The foster mother, Wendy Solomon testified that the child is doing well in foster care. The child verbalizes well and is a typical three year old with no medical problems. Ms. Solomon further testified that in her opinion, although the child recognizes his mother, he has no bonded relationship with her.

Trial Court Opinion, Anderson, J., 10/31/03,1-4.2

¶ 3 The court found termination was justified based upon 23 Pa.C.S.A. § 2511, Grounds for involuntary termination, (a) General Rule, (5), which provides that the rights of a parent with regard to a child may be terminated if:

[t]he child has been removed from the care of the parent by the court or under a voluntary agreement with an agency for a period of at least six months, the conditions which led to the removal or placement of the child continue to exist, the parent cannot or will not remedy those conditions within a reasonable period of time, the services or assistance reasonably available to the parent are not likely to remedy the conditions which led to the removal or placement of the child within a reasonable period of time and termination of the parental rights would best serve the needs and welfare of the child.

Id. The court found the requirements of this section were satisfied with respect to mother by clear and convincing evidence, concluding:

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Bluebook (online)
859 A.2d 501, 2004 Pa. Super. 368, 2004 Pa. Super. LEXIS 3296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-nw-pasuperct-2004.