In Re: R.A.S., Appeal of: C.S.

CourtSuperior Court of Pennsylvania
DecidedJanuary 24, 2020
Docket867 MDA 2019
StatusUnpublished

This text of In Re: R.A.S., Appeal of: C.S. (In Re: R.A.S., Appeal of: C.S.) 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: R.A.S., Appeal of: C.S., (Pa. Ct. App. 2020).

Opinion

J-S57044-19

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

IN RE: R.A.S., A MINOR : IN THE SUPERIOR COURT OF : PENNSYLVANIA : : : : APPEAL OF: C.S., BIOLOGICAL : FATHER : No. 867 MDA 2019

Appeal from the Order Entered April 29, 2019 in the Court of Common Pleas of Snyder County Civil Division at No(s): CP-55-OC-0000048-2018

BEFORE: BOWES, J., STABILE, J., and MUSMANNO, J.

MEMORANDUM BY MUSMANNO, J.: FILED JANUARY 24, 2020

C.S. (“Father”) appeals from the Order granting the Petition filed by

Snyder County Children and Youth Services (“CYS”), and involuntarily

terminating Father’s parental rights to his minor, male child, R.A.S. (born in

July 2016) (“Child”), pursuant to the Adoption Act.1 We affirm.

The family became involved with CYS in May 2016 based on allegations

that Father had struck Child’s half-sibling’s neck hard enough to leave a curved

bruise. Order of Adjudication and Disposition-Child Dependent, 8/22/17. As

a result, Father pled guilty to simple assault and was sentenced to one year

of probation, to be served consecutively to another probationary sentence.

____________________________________________

1 Child’s mother, M.E.E. (“Mother”), consented to the termination of her parental rights. On June 5, 2019, the Orphans’ Court entered a Decree confirming Mother’s consent and terminating her parental rights to Child. Mother did not appeal the Decree, and has not participated in this appeal. J-S57044-19

Thereafter, CYS maintained involvement with the family. Order of

Adjudication and Disposition-Child Dependent, 8/22/17. On May 9, 2017,

Mother tested positive for methamphetamine, amphetamine, and marijuana.

Id. Accordingly, CYS implemented a safety plan. Id. However, in August

2017, CYS received additional allegations that Mother had physically abused

Child’s half-sibling. Id. Further, on August 9, 2017, a CYS caseworker and

Father’s probation officer visited Father. Id. Father acknowledged using

methamphetamine, and was thereafter incarcerated. Id. On August 10,

2017, the juvenile court issued an Order for emergency protective custody,

transferring legal and physical custody of Child to CYS. Order, 8/10/17.

On August 22, 2017, the juvenile court adjudicated Child dependent.

Order, 10/22/17. CYS implemented a family service plan. Father’s objectives

were to achieve and maintain sobriety; maintain parenting responsibilities and

a healthy bond with Child; be involved with medical and dental appointments

for Child; and improve family functioning by attending anger management

and a parenting program. N.T., 4/16/19, at 52-53. Throughout Child’s

dependency, Father made little progress towards reunification. Moreover, on

July 24, 2018, Father’s probation was revoked, and on December 14, 2018,

Father was committed to the State Intermediate Punishment Program (“SIPP”)

for a period of 24 months, with credit for time served from August 28, 2018.

Sentencing Order, 12/14/18.

-2- J-S57044-19

On August 20, 2018, CYS filed Petitions to involuntarily terminate

Mother’s and Father’s parental rights to Child. On April 26, 2019, the Orphans’

Court conducted a hearing on the Petitions.2 CYS presented the testimony of

Robert Meacham (“Mr. Meacham”), a licensed psychologist, who performed a

bonding evaluation regarding Child, Mother, and Child’s foster parents;

Christopher Baker (“Mr. Baker”), Father’s probation officer; and Seth Herb

(“Mr. Herb”), a former CYS caseworker. Father testified on his own behalf.3

Mr. Herb testified that the main issues prompting Child’s removal from

Father’s care were Father’s abuse of Child’s half-sibling and Father’s drug use.

N.T., 4/16/19, at 64. Mr. Herb further testified that Father was generally non-

compliant with the family service plan. Id. at 40-41. Father failed to complete

drug and alcohol treatment and did not produce any negative drug screens

throughout the life of the case. Id. at 41, 44. Father visited Child regularly

in September and October 2017, but only attended three visits with Child

between November 2017 and December 2018. Id. at 47, 55. Further, Father

did not complete anger management or parenting classes, and had no

communication with Child’s current foster parents. Id. at 49-50, 53.

2On August 30, 2018, the Orphans’ Court entered an Order appointing Michael O’Donnell, Esquire (“Attorney O’Donnell”), to represent Child.

3The Orphans’ Court incorporated the record regarding Father’s criminal case and Child’s dependency case.

-3- J-S57044-19

Mr. Baker testified that, at the time of the hearing, Father was

incarcerated. Id. at 24. Mr. Baker confirmed that Father’s mental health and

drug and alcohol counseling began in August 2017, but, by February 2018,

Father’s attendance was very poor. Id. at 25. Accordingly, Father did not

successfully complete mental health and drug and alcohol counseling. Id.

Further, Father’s drug tests were positive for methamphetamines in February

2016, August 2017, and May 2018, and for opiates in January 2017. Id. at

29. Father also tested positive for marijuana numerous times. Id. From

January 1, 2018, through May 2018, all of Father’s drug tests were positive.

Id. Moreover, Father’s contact with Mr. Baker was sporadic. Id. at 30.

Ultimately, Father’s probation was revoked because Father did not

successfully complete treatment; did not maintain contact with probation;

failed drug tests; and was non-compliant with CYS. Id. After the revocation

of his probation, Father was sentenced to SIPP, which includes a component

of drug and alcohol treatment. Id. at 33.

Father testified that he is currently incarcerated, and would live with his

girlfriend when released. Id. at 74. Father testified that he spent time with

Child when Child was young. Id. at 74-75. However, after Child came into

care, Father asserted that he missed visits because of his work schedule. Id.

at 80-81. Further, Father blamed his failure to comply with CYS on his mental

health and drug and alcohol issues. Id. at 82. Father claimed he stopped

attending treatment because “[the counselor] kept telling me the same thing

-4- J-S57044-19

over and over and over again[,] so I quit going.” Id. While Father requested

visits with Child while in prison, the prison would not allow the visits because

his conviction involved the abuse of a minor. Id. at 78-79, 81, 83. Father

testified that he began, but did not finish, anger management. Id. at 75-76.

Father also testified that he attended drug and alcohol programming in prison

and that he no longer had a substance abuse problem. Id. at 76-77. Further,

Father claimed that he read parenting books from the prison library. Id. at

77-78. Father insisted that he wanted to retain his parental rights. Id. at 80.

Mr. Meacham testified that he had conducted interviews with Child,

Mother, and Child’s foster parents. Id. at 9. However, because of Father’s

imprisonment, Mr. Meacham was not able to conduct interviews with Father.

Id. Mr. Meacham testified that Child was placed in foster care shortly after

turning one. Id. at 11. Initially, Child was nonverbal, had a difficult time

walking, did not interact with the foster parents, and did not make eye contact.

Id. After obtaining early intervention services, Child quickly acquired age-

appropriate skills and behavior. Id.

Mr.

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