In Re: R.B.S., Jr., a Minor
Opinion
J-A28015-21
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
IN RE: R.B.S., JR., A MINOR : IN THE SUPERIOR COURT OF : PENNSYLVANIA : APPEAL OF: R.B.S., FATHER : : : : : : No. 858 MDA 2021
Appeal from the Decree Entered May 27, 2021 In the Court of Common Pleas of Mifflin County Orphans' Court at No(s): 2020-00011
BEFORE: LAZARUS, J., NICHOLS, J., and STEVENS, P.J.E.*
MEMORANDUM BY LAZARUS, J.: FILED: MARCH 15, 2022
R.B.S. (Father) appeals from the decree, entered in the Court of
Common Pleas of Mifflin County, Orphans’ Court Division, involuntarily
terminating his parental rights to R.B.S., Jr. (Child) (born 12/10),1 pursuant
to 23 Pa.C.S.A. §§ 2511(a)(2), (5), (8) and (b) of the Adoption Act.2 After
careful review, we affirm based on the opinion authored by the Honorable
Aaron L. Gingrich.3 ____________________________________________
* Former Justice specially assigned to the Superior Court.
1 The court also terminated Mother’s parental rights to Child. Mother’s appeal is docketed at 812 MDA 2021.
2 23 Pa.C.S.A. §§ 2101-2938.
3 Guardian ad litem, Erica J. Shoaf, did not file a brief, stating she supported the brief filed by Appellee Mifflin County Children and Youth Services (Agency). See Letter, 10/15/21. Child was also represented at the hearing by Brian R. (Footnote Continued Next Page) J-A28015-21
The family has a history with the Agency pertaining to concerns of
domestic and sexual abuse, drug use, lack of supervision and other safety
concerns. On December 1, 2017, following Mother’s arrest with three of her
four children in the car with her, and Father testing positive for cocaine, Child
and his three siblings were adjudicated dependent and placed in the custody
of the Agency. See Dependency Order of Adjudication, 12/1/17.
In his opinion, Judge Gingrich sets forth the history of this case:
[Child] has a diagnosis of Post-Traumatic Stress Disorder [PTSD]. [Child’s] mental health has deteriorated throughout the duration of this case. The underlying facts of [Child’s] PTSD are hard to discern. [Child] alleges that Father sexually abused him and his siblings, which has led to many of [Child’s] mental health issues throughout this case. These allegations were [deemed] unfounded by the Agency. However, through extensive testimony, [Child] has witnesse[d], and potentially been subject[ed] to, domestic violence at the hands of [] Father. Additionally, [Child] has special education services and an individualized education plan [(IEP)] through the school. [Child] has significant mental health concerns[,] which has caused him to move placements three times during the course of this case. ____________________________________________
Baker, Esquire. See In re: Adoption of L.B.M., 161 A.3d 172, 180 (Pa. 2017) (“[W]hen a child’s relationship with his or her birth family could be severed permanently and against the wishes of the parents, the legislature made the policy judgment, as is evidenced from the plain, unambiguous language of the statute, that a lawyer who represents the child’s legal interests, and who is directed by the child, is a necessity.”). As our Court has explained, a child’s legal interests are distinct from his best interests. In re: Adoption of L.B.M., 161 A.3d at 174. Representing the child’s “‘[l]egal interests denotes that an attorney is to express the child’s wishes to the court regardless of whether the attorney agrees with the child’s recommendation,” while guardian ad litem discerns the child’s best interests; in each case, these interests are ultimately determined by the orphans’ court.” In re: Adoption of K.M.G., 240 A.3d at 1243 n.20 (quoting In re: T.S., 192 A.3d at 1082 n.2 (quoting Pa.R.J.C.P. 1154, cmt.)); see also In re: Adoption of L.B.M., 161 A.3d at 174 n.2.
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[Child] struggles with suicidal ideation, violent outbursts, and goes to trauma therapy weekly.
[] Mother and Father had an incredibly tumultuous relationship. Mother testified that the relationship was abusive and co- dependent, and both Mother and Father struggled with drug use. Additionally, there were allegations of physical and sexual abuse by Father toward both Mother and the children. [ ] Father vehemently denies the allegations that he ever sexually abused his children, and no criminal charges have ever been filed against Father for the alleged sexual abuse of [Child] or [Child’s] three siblings. . . . Father’s visits were suspended [on December 17, 2019] due to the allegations of sexual abuse, and due to Father being incarcerated.
Trial Court Opinion, 5/24/21, at 1-3.
Following the dependency adjudication, the Agency developed a Child
Permanency Plan, which included the following parental objectives for Father:
live a crime and drug-free lifestyle; maintain stable housing and income;
ensure mental health needs are met through counseling and medication
management; demonstrate parenting skills necessary to meet Child’s
emotional, developmental, and physical needs; and cooperate with Agency
and service providers. Although Father’s visits with Child were suspended on
December 17, 2019, due to the abuse allegations, the Agency continued to
provide services to Father.
Father was able to maintain housing and employment, however he was
incarcerated twice throughout the dependency proceeding, refused 21 of 28
drug screens, and tested positive for cocaine on January 9, 2019. Despite a
three-year effort by the Agency and Families in Crisis Services (FICS), Father’s
progress was “minimal” throughout dependency. Notably, Father attended
-3- J-A28015-21
only 6 of 39 parenting education sessions and 12 out of 40 counseling
sessions. Once incarcerated, Father attended all scheduled sessions. After
his release, however, Father attended only 17 of 28 sessions. See N.T.
Termination Hearing, 3/10/21, at 320-31. The Agency petitioned for
termination of Father’s parental rights on June 4, 2020. After September 5,
2020, Father failed to attend any counseling or parenting sessions,
complaining that they cut into his “me” time. Id. at 320-21.
At the termination hearings on February 2, 2021, and March 10, 2021,
the court heard testimony from Agency assistant director, Nicole Patkalitsy,
Dr. Kristen Hennessy, Child’s treating psychologist and expert in childhood
trauma, David G. Ray, a licensed psychologist, and Darlene Griffith, a family
counselor at Family Intervention Crisis Services (FICS), who provided
reunification services to both Father and Mother. Following the hearings, the
court terminated Father’s parental rights to Child.4
____________________________________________
4The relevant grounds for termination, as set forth 23 Pa.C.S.A. § 2511, are as follows:
(a) General rule.--The rights of a parent in regard to a child may be terminated after a petition filed on any of the following grounds:
(2) The repeated and continued incapacity, abuse, neglect or refusal of the parent has caused the child to be without essential parental care, control or subsistence necessary for his physical or mental well-being and the conditions and causes of the incapacity, abuse, neglect or refusal cannot or will not be remedied by the parent. (Footnote Continued Next Page)
-4- J-A28015-21
On appeal, Father raises one issue: “Whether [Father] will be able to
remedy the conditions causing his current incapacity?” Appellant’s Brief, at 7.
Although the court terminated Father’s parental rights to Child pursuant to
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J-A28015-21
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
IN RE: R.B.S., JR., A MINOR : IN THE SUPERIOR COURT OF : PENNSYLVANIA : APPEAL OF: R.B.S., FATHER : : : : : : No. 858 MDA 2021
Appeal from the Decree Entered May 27, 2021 In the Court of Common Pleas of Mifflin County Orphans' Court at No(s): 2020-00011
BEFORE: LAZARUS, J., NICHOLS, J., and STEVENS, P.J.E.*
MEMORANDUM BY LAZARUS, J.: FILED: MARCH 15, 2022
R.B.S. (Father) appeals from the decree, entered in the Court of
Common Pleas of Mifflin County, Orphans’ Court Division, involuntarily
terminating his parental rights to R.B.S., Jr. (Child) (born 12/10),1 pursuant
to 23 Pa.C.S.A. §§ 2511(a)(2), (5), (8) and (b) of the Adoption Act.2 After
careful review, we affirm based on the opinion authored by the Honorable
Aaron L. Gingrich.3 ____________________________________________
* Former Justice specially assigned to the Superior Court.
1 The court also terminated Mother’s parental rights to Child. Mother’s appeal is docketed at 812 MDA 2021.
2 23 Pa.C.S.A. §§ 2101-2938.
3 Guardian ad litem, Erica J. Shoaf, did not file a brief, stating she supported the brief filed by Appellee Mifflin County Children and Youth Services (Agency). See Letter, 10/15/21. Child was also represented at the hearing by Brian R. (Footnote Continued Next Page) J-A28015-21
The family has a history with the Agency pertaining to concerns of
domestic and sexual abuse, drug use, lack of supervision and other safety
concerns. On December 1, 2017, following Mother’s arrest with three of her
four children in the car with her, and Father testing positive for cocaine, Child
and his three siblings were adjudicated dependent and placed in the custody
of the Agency. See Dependency Order of Adjudication, 12/1/17.
In his opinion, Judge Gingrich sets forth the history of this case:
[Child] has a diagnosis of Post-Traumatic Stress Disorder [PTSD]. [Child’s] mental health has deteriorated throughout the duration of this case. The underlying facts of [Child’s] PTSD are hard to discern. [Child] alleges that Father sexually abused him and his siblings, which has led to many of [Child’s] mental health issues throughout this case. These allegations were [deemed] unfounded by the Agency. However, through extensive testimony, [Child] has witnesse[d], and potentially been subject[ed] to, domestic violence at the hands of [] Father. Additionally, [Child] has special education services and an individualized education plan [(IEP)] through the school. [Child] has significant mental health concerns[,] which has caused him to move placements three times during the course of this case. ____________________________________________
Baker, Esquire. See In re: Adoption of L.B.M., 161 A.3d 172, 180 (Pa. 2017) (“[W]hen a child’s relationship with his or her birth family could be severed permanently and against the wishes of the parents, the legislature made the policy judgment, as is evidenced from the plain, unambiguous language of the statute, that a lawyer who represents the child’s legal interests, and who is directed by the child, is a necessity.”). As our Court has explained, a child’s legal interests are distinct from his best interests. In re: Adoption of L.B.M., 161 A.3d at 174. Representing the child’s “‘[l]egal interests denotes that an attorney is to express the child’s wishes to the court regardless of whether the attorney agrees with the child’s recommendation,” while guardian ad litem discerns the child’s best interests; in each case, these interests are ultimately determined by the orphans’ court.” In re: Adoption of K.M.G., 240 A.3d at 1243 n.20 (quoting In re: T.S., 192 A.3d at 1082 n.2 (quoting Pa.R.J.C.P. 1154, cmt.)); see also In re: Adoption of L.B.M., 161 A.3d at 174 n.2.
-2- J-A28015-21
[Child] struggles with suicidal ideation, violent outbursts, and goes to trauma therapy weekly.
[] Mother and Father had an incredibly tumultuous relationship. Mother testified that the relationship was abusive and co- dependent, and both Mother and Father struggled with drug use. Additionally, there were allegations of physical and sexual abuse by Father toward both Mother and the children. [ ] Father vehemently denies the allegations that he ever sexually abused his children, and no criminal charges have ever been filed against Father for the alleged sexual abuse of [Child] or [Child’s] three siblings. . . . Father’s visits were suspended [on December 17, 2019] due to the allegations of sexual abuse, and due to Father being incarcerated.
Trial Court Opinion, 5/24/21, at 1-3.
Following the dependency adjudication, the Agency developed a Child
Permanency Plan, which included the following parental objectives for Father:
live a crime and drug-free lifestyle; maintain stable housing and income;
ensure mental health needs are met through counseling and medication
management; demonstrate parenting skills necessary to meet Child’s
emotional, developmental, and physical needs; and cooperate with Agency
and service providers. Although Father’s visits with Child were suspended on
December 17, 2019, due to the abuse allegations, the Agency continued to
provide services to Father.
Father was able to maintain housing and employment, however he was
incarcerated twice throughout the dependency proceeding, refused 21 of 28
drug screens, and tested positive for cocaine on January 9, 2019. Despite a
three-year effort by the Agency and Families in Crisis Services (FICS), Father’s
progress was “minimal” throughout dependency. Notably, Father attended
-3- J-A28015-21
only 6 of 39 parenting education sessions and 12 out of 40 counseling
sessions. Once incarcerated, Father attended all scheduled sessions. After
his release, however, Father attended only 17 of 28 sessions. See N.T.
Termination Hearing, 3/10/21, at 320-31. The Agency petitioned for
termination of Father’s parental rights on June 4, 2020. After September 5,
2020, Father failed to attend any counseling or parenting sessions,
complaining that they cut into his “me” time. Id. at 320-21.
At the termination hearings on February 2, 2021, and March 10, 2021,
the court heard testimony from Agency assistant director, Nicole Patkalitsy,
Dr. Kristen Hennessy, Child’s treating psychologist and expert in childhood
trauma, David G. Ray, a licensed psychologist, and Darlene Griffith, a family
counselor at Family Intervention Crisis Services (FICS), who provided
reunification services to both Father and Mother. Following the hearings, the
court terminated Father’s parental rights to Child.4
____________________________________________
4The relevant grounds for termination, as set forth 23 Pa.C.S.A. § 2511, are as follows:
(a) General rule.--The rights of a parent in regard to a child may be terminated after a petition filed on any of the following grounds:
(2) The repeated and continued incapacity, abuse, neglect or refusal of the parent has caused the child to be without essential parental care, control or subsistence necessary for his physical or mental well-being and the conditions and causes of the incapacity, abuse, neglect or refusal cannot or will not be remedied by the parent. (Footnote Continued Next Page)
-4- J-A28015-21
On appeal, Father raises one issue: “Whether [Father] will be able to
remedy the conditions causing his current incapacity?” Appellant’s Brief, at 7.
Although the court terminated Father’s parental rights to Child pursuant to
sections 2511(a)(2), (5) and (8), Father’s appeal addresses only section
2511(a)(2). See Appellant’s Brief, at 7-9. See also supra n.4.
In cases involving termination of parental rights, “our standard of review
is limited to determining whether the order of the trial court is supported by
competent evidence, and whether the trial court gave adequate consideration
to the effect of such a decree on the welfare of the child.” In re Z.P., 994
...
(5) The 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.
(8) The child has been removed from the care of the parent by the court or under a voluntary agreement with an agency, 12 months or more have elapsed from the date of removal or placement, the conditions which led to the removal or placement of the child continue to exist and termination of parental rights would best serve the needs and welfare of the child.
23 Pa.C.S.A. §§ 2511(a)(2), (5) & (8).
-5- J-A28015-21
A.2d 1108, 1115 (Pa. Super. 2010) (quoting In re I.J., 972 A.2d 5, 8 (Pa.
Super. 2009)). “Absent an abuse of discretion, an error of law, or insufficient
evidentiary support for the trial court’s decision, the decree must stand.” In
re B.L.W., 843 A.2d 380, 383 (Pa. Super. 2004) (en banc) (internal citations
omitted). On review, “we employ a broad, comprehensive review of the record
in order to determine whether the trial court’s decision is supported by
competent evidence.” Id.
Parental rights may be involuntarily terminated where any one subsection of [s]ection 2511(a) is satisfied, along with consideration of the subsection 2511(b) provisions. Initially, the focus is on the conduct of the parent. The party seeking termination must prove by clear and convincing evidence that the parent’s conduct satisfies the statutory grounds for termination delineated in [s]ection 2511(a). Only if the court determines that the parent’s conduct warrants termination of his . . . parental rights does the court engage in the second part of the analysis pursuant to [s]ection 2511(b): determination of the needs and welfare of the child under the standard of best interests of the child.
In re L.M., 923 A.2d 505, 511 (Pa. Super. 2007) (internal citations omitted).
Notably, the Agency has provided services for the past three years, yet
Father frames his issue in terms of future ability. Father states he “believes
the court erred in failing to consider [his] ability to remedy said incapacity in
the near future.” Appellant’s Brief, at 9-10. This argument is meritless.
Simply stated, Father is out of time. See In re B., N.M., 856 A.2d 847, 855
(Pa. Super. 2004) (“Parental rights are not preserved by waiting for a more
suitable or convenient time to perform one's parental responsibilities while
others provide the child with [the child's] physical and emotional needs.”).
-6- J-A28015-21
We also note that Father presented no evidence of a bond between
Father and Child, and the Agency presented considerable evidence that Child
is bonded with his foster family, an adoptive resource. See 23 Pa.C.S.A. §
2511(b). See also In re J.N.M., 177 A.3d 937, 943-44 (Pa. Super. 2018)
(stating that, in performing best-interest analysis pursuant to section 2511(b),
trial court should consider parent-child bond, if any exists, safety needs of the
child, intangibles, such as love, comfort, security, and stability child may have
with current caregiver, and importance of continuing any relationship child
may have with caregiver); In re Z.P., supra (evidence was sufficient to
establish father had no bond with child and remaining with foster parents or
being adopted would serve child’s best interests).
After our review, we find no abuse of discretion or error of law. B.L.W.,
supra. Accordingly, we rely on Judge Gingrich’s opinion to affirm the decree
terminating his parental rights to Child, and we direct the parties to attach a
copy of that opinion in the event of further proceedings. See Trial Court
Opinion 5/24/21, at 12-13, 17-18) (finding Agency established clear and
convincing evidence for terminating Father’s parental rights pursuant to
section 2511(a)(2); finding “no bond or attachment between [Child] and
Father” and terminating Father’s parent rights best serves Child’s
developmental, emotional, and physical needs pursuant to section 2511(b)).
Decree affirmed.
-7- J-A28015-21
Judgment Entered.
Joseph D. Seletyn, Esq. Prothonotary
Date: 03/15/2022
-8- Circulated QJ 21 IS 5-C•
IN IN THE COURT OF COMMON TIME COURT COMMON PLEAS OF FLEAS OF MIFFLIN COUNTY, OF MIFFLIN COUNTY, PENNSYL,'VANIA PENNSYLVANIA ORPHAN'S ORPHAN'S COURT COURT DIVISION DIVISION
IN RE: IN Parental Action No. 11 of 2020 2.020
R. B. S. jr,, R.BS. Jr., aaminor child.
ORDER and ODER and OPINION 2f�ay AND NOW, NOW, this th,s J •i.ay cl of J\.fay, May, 2021, upon upon consideration of the Petition for Involuntary
Termination of Parental Rights, Rights, filed by by Mifflin County Children and Youth Youth Social Services Agency
(hereinafter "Agency")to (hereinafter "Agency") to terminate terminate the the parental rights of AAWB00 parental rights Ra SSys,, Sr., It A.a B and R@• it
is hereby hereby ORDERED and DECREED said Petition is is GRANTED.
FACTUAL AND PROCEDURAL HISTORY
R.B.S. Jr. RB.S. Jr. was born on Decemberr Decembe t 2010, and at the time of the termination here was ten (10)
years old. years old. The natural mother oiR.B.S.Jr. of R.B.S. Jr.is is AAM AA BdW B (hereafter "Mother") " Mother"} and the the natural father
of R.B.S. Jr. is Re»S o£RBS.Jr.is Row wwSX*wxW Sr. Sr. (hereafter (hereafter "Father). "Father). R.B.S. Jr. was adjudicated dependent, along
with with 'his his three {3) (3) siblings siblings on December 1, 2017. R.B.S. RB.S. Jr: Jr'sssiblings have since returned to care of
Mother.
On November 19, On 2017, Mother was arrested with three of her {our 19, 2017, four children in the car with
her. Mother her. Mother was was arrested driving with arrested for driving with aasuspended suspended license, license, endangering the welfare children, welfare of cduldrer,
possession possession of drug drug paraphernalia, paraphernalia, driving driving under under the influence of aacontrolled controlled substance, driving driving
with operating privilege with operating suspended or revoked, general privilege is suspended general lighting requirements, and failure to use
aasafety safety belt beit system. system. Father, Father, on November 20, 2017, had tested positive for cocaine. The children,
1I including including R.B.S. RR.BS. Jr., were taken. taken into protective protective custody, and were all adjudicated dependent on
December December 1, 1, 2017.
The Agency Agency made parental parental objectives objectives for Mother and Father. Father. Mother's objectives were her
protective capacity, protective meeting her capacity, meeting her mental health needs, ensuring medical, emotional, and physical
needs needs are are met, safe and met, safe and stable housing, housing, stable income, income, aadrug drug free life, proper fee life, proper parenting, parenting, and agency
cooperation. cooperation. Father's objectives objectives were similar to Mother's Mothers objectives. objectives. Case Supervisor, Nicole
Patkalitsky, Patkalitsky, testified that that Mother Mother and and Father Father have failed failed to to alleviate any any of the concerns that that led to
adjudication. adjudication
R.B.S. Jr. is the child subject R.BS. Jr. subject to this termination. termination. R.B.S. Jr. has aadiagnosis of Post-Traumatic RB.S. Jr.
Stress Stress Disorder (hereafter "PTSD"). (hereafter "PTSD". R.B.S. RBS. Jr.'s Jr's mental health has deteriorated throughout the
duration duration of this case. case. The underlying underlying facts of R.B.S. R.B.S. Jr.'s R.B.S. Jr. alleges Jr's PTSD are hard to discern. RB.S.
that Father that sexually abused him and his siblings, Father sexually siblings, which has led to many mar.y of R.B.S. Jr.'s mental health
issues issues throughout throughout this case. case. These allegations were unfounded by the Agency. These allegations Agency, However, through
extensive testimony, R.B.S. Jr. testimony, RB.S. Jr. has witnesses, and potentially been subject to, domestic violence at
the hands the of his hands of his Father. Father. Additionally, Additionally, R.B.S. Jr. has R.B.S. Jr. has special special education education services services and an individualized an individualizer
education plan education plan (hereafter {hereafter "IEP") through the school. R.B.S. "TEP") trough Jr. has R.B.S.Jr. has significant mental mental health concerns, concems,
which which has has caused him him to to move placements placements three three times during the course of of this case. R.B.S. this case. R.B.S. Jr Jr.
struggles with struggles with suicidal ideation, ideation, violent outbursts, and goes to trauma therapy weekly.
Testimony provided that Testimony provided that Mother and Father had an incredibly tumultuous relationship relationship.
Mother testified Mother that the testified that the relationship relationship was abusive and co-dependent, and both Mother and Father
2 2 struggled with struggled drug use, with drug use. Additionally, Additionally, there were allegations allegations of physical physical and sexual abuse by Father
toward toward both both Mother Mother and and the children. Mother testified that it it was very con:using confusing to discern the
truth truth of of these statements, statements. While Mother testified that she now believes there was sexual abuse, and
that the children have since opened opened up up to her about their experience (expect for R,B,S. Jr. as visitation RB.S.Jr.
was suspended suspended which will be discussed below), below), Mother testified that the children often would tell veil
her sexual abuse happened, her sexual happened, and then quickly quickly recant. recant. However, when Mother found aasuspicious
substance substance in R.B.S. Jr.'s in R.BS. Jr's underwear, underwear, she did notify Agency and take the notify the Agency :he child to the hospital. hospital
Mother Mother testified testified that it confused her when the Agency Agency deemed the allegations as unfounded, and
then two then of the two of the children told told her sexual abuse did not happen. happen. However, Mother testified that one
of of her her children children is ready ready to come forward and pursue pursue criminal action against Father, and that Mother
now now understands there was abuse and supports supports all of her children, including R.B.S. R.B.S. Jr. in receiving
help. vehemently denies help. Father vehemently derides the allegations allegations that that he ever sexually sexualiy abused his children, and no
criminal criminal charges charges have ever been filed against against Father for {or the alleged sexual abuse of R.B.S. R.B.S, Jr Jr. or his
three siblings. three siblings. The Agency, The Agency, however, however, testified that not testified that rot believing believing and supporting R.B.S. and supporting Jr.'s RB.S. Jr's
allegations allegations from the beginning, beginning, and consistently consistently throughout, throughout, points to Mother's lack of protective
capacity, one of Mother's capacity, one goals. Dr. Mother's goals. Hennessy further testified that Mother not consistently believing Dr. Hennessy
R.B.S. R.B.S. Jr, Jr has has caused R.B.S. RB.S. Jr. Jr. to be be re-traumatized. te-traumatized.
The The Agency Agency additionally additionally had concerns that had concems that it tools Mother it took Mother such such aalong time to leave Father. Father
Case workers testified that Mother would lie about having contact with Father, hid his belongings
in in her home, home, allowed the children access to Father, failed to obtain obtain aaProtection From Abuse, and
33 this all this demonstrated her lack all demonstrated lack of of protective capacity. Mother protective capacity. Mother testified testified that that these these allegations from the the
Agency Agency are are not true. Mother not true. Mother stated that she worked worked with with the the Abuse Network and was guided guide to
wait wait until until Father was was nearly nearly out o£ jail before obtaining of jail obtaining a PFA. Additionally, Mother kept Father's a PFA.
belongings in belongings in aashed away away irom from the children, except except for for aatelevision television because Mother Mother did did not believe believe
that that a a television television would trigger the children. Mother would trigger Mother testified she she kept kept these she these belongings until she
could find aathird party could party to give give the the belongings belongings back back to t Father. Father. Additionally, Additionally, Mother Mother testified that
the children never had access to the to get get into into contact with Father. Father. Mother testified that while the children
play play on on her phone the her phone the number to the jail Father was the jail was incarcerated in was blocked, incarcerated in blocked, and she only only
unblocked unblocked the jail jail number near the end of Father's incarceration to attempt to give his his belongings to
a a third party, party, and promptly promptly blocked the number again. again. Mother does believe that R.B,S. R.B.S. Jr. Jr has been
traumatized by traumatized by the domestic violence in the home and the combined drug use of her and Father
before before Mother got got sober.
The Agency Agency took a alarge large issue over Mother's alleged alleged inconsistency and her alleged inability
to tell the Agency to Agency also had extensive testimony about Mother's alleged Agency the truth. The Agency
inability to inability to "buy "buy in" in" to to R.B.S. R.B.S. Jr.'s Jr's trauma. trauma. The The Agency Agency had had Kristen Kristen Hennessy, Hennessy, Ph.D,, Ph.D., licensed licensed
psychologist, testify to her time with R.B.S. psychologist, testify Dr. Hennessey Jr., as well as conversations with Mother. Dr. R.BS.Jr,
testified R.B.S. Jr. does not fee] testified that R.B.S.Jr. feel safe due to Mother's behaviors. Dr. Dr. Hennessey testified that she
believes believes Mother is not consistent in believing believing that R.B.S. R.B.S. Jr. was traumatized by both Mother and
Father. Father. Dr. Hennessey RB.S. Jr. Hennessey testified that R.B.S. Jr. has very very specific triggers and very volatile responses
to to triggers. R,B.S, Jr. triggers. RB.S Jr. has on previous previous occasions attempted to harm himself and his foster parents.
44 Some Some of the discussed triggers triggers were images images of Minnie Mouse (said to remind him hire of his biological
sister), (which remind him of Father), and Zoom visitation (due to unfounded sister), noise makers (which
allegations allegations that technology technology played played aarole in R.B.S. jr,'s Jr.'s sexual assault). Visits with Father have been
suspended since suspended since November 8, 2019, November 8, 2019, Mother's visits were suspended on December visits were 17, 2019, December 17, 2019, and
visitation wth R.B.S. visitation with R.B.S. Jr.'s siblings was Jr's siblings was suspended on July suspended on 14, 2020 July 14, 2020.
There There was extensive testimony testimony over the suspended suspended visitation. Father's visits were suspended
due due to the allegations allegations of sexual abuse, and due to Father being incarcerated. incarcerated. Dr. Dr. Hennessy
recommended suspending recommended suspending Mother's Mother's visitation visitation after receiving receiving information from R.B.S. Jr.'s from R.BS. Jr's
placement at the time that when he was told about visits, he would have sexual and violent reactions. placement arthe
The The incident incident Dr. Dr. Hennessy Hennessy specifically specifically outlined was was when R.B.S. R.B.S. Jr. Jr. was told told about aavisit visit he began
smacking smacking his butt, attempting to stab his butt with chapstick, butt, attempting chapstick, and then putting the chapsnick chapstick in his
mouth. mouth. This incident was followed by by pushing pushing his foster parents, parents, stating he wanted to die,
attempting to choke himself, attempting himself, and hurting wall. During this incident, R.B.S. Jr. hurting his feet on aawall. Jr. did say
he he wanted his Mother. Dr. Hennessy Hennessy testified that R.B.S. RB.S. Jr. is extremely conflicted about his feelings Jr.is
toward toward his his Mother and that he he does want want to to see see her, her, he wants wants a a relationship relationship with with her, her, but but he he does does
not not feel safe in feel sate in her her care, care. Dr. Henessy Dr. Hennessy ultimately ultimately asked for suspended visitation with with Mother
because because R.B.S. Jr. was having RB.S. Jr. having these violent outbursts, and she wanted him to settle into the foster
home, learn how home, 'earn how to manage manage his his emotions before before attempting attempting to to visit with Mother. Dr. with Mother. Dr. Hennessy Hennessy then then
recommended recommended suspending suspending visitation with R.B.S. Jr.'s Jr's siblings after the siblings were returned to
Mother's home. In her letter recommending Mother's suspending, visitation with recommending suspending with the siblings, Dr. Hennessy
55 noted that that R.B.S. Jr. was R.B.S. Jr. was doing doing better but after the siblings had been returned to Mother's home,
there became there became issues with the issues with the visits. visits. Dr. Hennessy wrote Dr. Hennessy wrote that that R.B.S. Jr. had RBS. Jr. reactions to had reactions to how much how much
the siblings spoke the siblings about Mother, spoke about and that Mother, and that he he had had been thinking about been thinking about Mother Mother more. He then more. He then asked asked
to read the to read the letter letter his Mother Motter wrote wrote him, him, which which made made him him upset. upset. The next day, R.BS. R.B.S. Jr. was in such was in such
aastate of crisis, state of crisis, he he was was in inpatient a~lity. in an inpatient facility. R.B.S. RB.S. Jr. has not had contact with any family member
since since this this time. time.
Dr. Hennessy Dr. Hennessy testified testified that this arrangement arrangement should have been reassessed frequently, every
thirty (30) to thirty (30) to sixty sixty (60) (60) days, days, but that there was never aaformal review of the suspended visitation. visitation
The Agency The Agency and and Dr. Hennessey have Dr. Hennessey have set out tasks tasks for Mother Mother to complete even even though visits were were
suspended which suspended which Mother did complete. Mother did complete. One task was One task was to get R.B.S. to get R.B.S. Jr. Jr. aagift, which Mother gift, which did, Mother did.
Testimony provided Testimony provided from from Dr. Dr. Hennessey was that Hennessey was it was that it was ultimately ultimatey decided not l decided not to give the to give the gift to gift to
R.B.S. Jr. because the gift RB.S. Jr. "smelled" like gift"smelled" Like Mother and Dr. Hennessey feared a a triggered response from
R.B.S. R.BS. Jr. Jr. would occur. Additionally, would occur. Additionally, there there was was testimony testimony that Mother Mother wrote wrote two two letters to R.B.S. Jr. letters to Jr,
after after visits were suspended. visits were suspended. Mother asked that Mother asked that the first letter the first letter not not be shared, because be shared, because Mother Mother
recognized there recognized h was language tere language and phrasing phrasing in the letter that may trigger R.B.S. R.B.S. Jr. jr. Afterward,
Mother wrote Mother wrote a a second letter which secord letter which RB.S. Jr. asked R.B.S. Jr. asked to be read to be to him. read to him. Dr. Dr. Hennessey testified that Hennessey testified that
after she read after she read the the letter, R.B,S. Jr. letter, R.B.S. Jr. had a a negative negative reaction reaction and became scared scared of Dr. De. Hennessey, Hennessey, as
well as well as having having acrisis that acrisis led him that led him to to inpatient inpatient care. care. Dr. Dr. Hennessy also testified Hennessy also testified that since suspended that since suspended
visits, visits, R.B.S. Jr. has expressed R.BS.Jr. expressed desire to be with Mother, see Mother, or return to her care, but that he
also does not also does not feel safe with feel safe with Mother, expresses more desire to be Mother, and expresses be adopted by his foster fami.y. family.
66 Dr. Dr. Hennessey Hennessey throughout throughout this case has been concerned throughout the life of this case because
Mother Mother has has been inconsistent inconsistent with believing believing that trauma trauma occurred and questions the validity of
R.B.S. Jr.'s allegations. R.B.S. Jr's allegations. Dr. Hennessy Hennessy also testified that she has never had aasession with Mother, and
does not does rot know Mother implemented know how Mother implemented the techniques that the techniques that were needed needed to make R.B.S. R.B.S. Jr. Jr. feel feel
safe. Finally, safe. Finally, Dr. Dr. Hennessey Hennessey testified that she has never had contact with with Father, and that Father
cannot even cannot even yet yet be be mentioned mentioned in therapy without in therapy without Aanegative regative reaction from R.B.S. reaction from RB.S. Jr. Jr. Dr, Dr. Hennessey Hennessey
testified that testified that she she asked asked Father Father to to write write aaletter letter taking taking responsibility responsibility for R.B.S. Jr.'s or RB.S. Jr.'s trauma and Father trauma and Father
never did, which never did, which stalled stalled progress progress she she was was able to make able to make with with R.B.S. RB.S. Jr. Jr. reuniting with Father. reuniting with Father.
Additionally, Additionally, the the Agency Agency had Mother Mother undergo undergo a a psychological psychological evaluation completed by by
David G. Ray, David G. Ray, M. M. Ed. Ed. David Ray testified David Ray testified that that Mother Mother did have some did have some inconsistencies inconsistencies between berween
Agency reports, Agency other counseling reports, other counseling reports, and his reports, and his evaluation. evaluation. David David Ray Ray places places aahigh value on high value on the the
Agency's version Agency's version of of Mother Mother throughout both his evaluation throughout both evaluation and his testimony. In his testimony. I his his report dated report dated
April April 28, 28, 2020, 2020, his his concerns were Mother's history of addiction, dysfunctional relationship, relationship
parenting abilities parenting abilities and protective capacity. and protective capacity. David David Ray Ray ultimately diagnosed Mother Mother with
Personality Personality Disorder.' Disorder.' David David Ray Ray noted that Mother noted that Mother has has made very positive made very positive progress and had progress and had
support groups in place. support groups place. However, However, he had concerns over Mother's inconsistencies ar.d and poor decision
making in the past. making in past. His His concerns were over Mother's issues with the timeline of her drug usage, and
reports from reports different agencies from different that contradicted agencies that contradicted what what Mother Mother reported reported to hire. He to him. noted that He noted that the
'The report 'The report notes that David notes that David Ray's diagnosis is Ray's diagnosis is different from Project Project Point of Light Light (another counseling service; service} that that diagnosed diagnosed her her with codependency codependency and drug drug addiction, not not a a personality disorder. disorder. David Ray disagrees with that diagnosis. di8goos1s 7 7 visits visits he observed observed with Mother and the children were actually very positive, albeit chaotic. His
report indicates that R.B.S. report Jr. does not have a R.B.S. Jr. a healthy healthy secure attachment attachmer to Mother, and that sir.ce since
visits were visits suspended his were suspended suicidal ideation his suicidal ideation had had stopped. That testimony stopped. That testimony was was in in conflict with conlict with
testimony presented by testimony presented by other other witnesses. witnesses. Overall, without without evaluating evaluating R.B.S. R.B.S. Jr., Jr., and and based based on reports reports
by Dr. by Dr. Hennessey, Hennessey, he testified that that R,B.S. Jr, was becoming R.B.S, Jr. becoming more regulated.. regulated. He's overall concem. concern
with with Mother ability to remain consistent now that she has made progress, something he doubts Mother is her ability
can be can achieved given be achieved given his his diagnosis o diagnosis of Mother Mother having having aapersonality personality disorder. disorder. David David Ray ultimately ultimately
recommended termination, and recommended termination, and testified testified that because there that because there was was not not a a secure secure attachment attachmer.t with with
Mother, Mother, there would be there would minimal issues be minimal issues severing severing the the bond bond between between Mother and R.B.S. Mother and R.B.S. Jr. Jr. Father Father was wAs
asked asked by the Agency by the Agency to to have have a a psychological evaluation completed, psychological evaluation completed, but never did. but never did.
Multiple caseworkers testified Multiple caseworkers testified in in this this case as as well. well. Overall, Overall, there there were concerns about about
Mother's drug use, Mother's drug consistency, honesty, use, consistency, honesty, and protective capacity. Caseworkers testified that they protective capacity.
struggle with struggle with Mother Mother because they do not feel that Mother follows their recommendations in this because they
case. case. A majority of A majority of the the testimony testimony the caseworkers focused the caseworkers on events focused on events in 2018 and in 2018 and 2019, 2019, prior prior to to
Mother Mother getting getting sober. sober. The caseworkers testified that Mother could not model the proper behavior
when visits were when visits were still still occurring. occurring. There There was testimony testimony that that not not all the the concerns were were shared with with
Mother. Mother. For instance, For instance, Mother was was unaware unaware that that R.B.S. R.B.S. Jr. Jr. had had contracted coronavirus, coronavirus, that
technology was technology was a a trigger trigger for for him him because because of the sexual abuse abuse allegations, or that modeling modeling that that was was
initially shown initially shown to to Mother was not effective for RB.S. Jr. {or R.B.S. Jr. and that the modelled behavior had actually
been changed. Additionally, been changed. Additionally, there was testimony testimony that the Agency Agency was not happy, or very concerned,
89 when when the Court told the Agency Agency to to increase visitation with Mother. It was after this time, that R.B.S. R.B.S
Jr. began having Jr. began having suicidal ideation, ideation, which which Mother found confusing because R.B.S. Jr. had seemed to
be be improving. Testimony regarding improving. Testimony regarding Father Father was was that that he he was uncooperative. While he was generally uncooperative.
participated participated in in some of the classes while incarcerated, he he did not continue that after he was released. released
they generally Caseworkers said they generally did not have much contact with Father. Father
Mother Mother testified, testified, as well as some of of her supports within her supports within the the community. community. Ann Ann Kanagy
testified that she runs some of the support support groups groups Mother is with. Mother sought out is involved with.
additional resources, resources, above what the the Agency Agency set out for her. ew of these, her. Ann Kanagy ran quite of few
which include a support group a support group for single mothers. single mothers. Ann Kanagy testified that she has seen a a
tremendous change change in Mother throughout throughout her time at the church these groups are run out of. of. Mother
additionally additionally testified that finding being involved with the church has been aavery big reason finding God and being
that her life has been turned around. Mother testified that the most frustrating part of this case is
that she felt felt she was never communicated with by by both Dr. Dr. Hennessy and the Agency. Agency. While While Mother
testified she received the parenting parenting plans plans and spoke with case workers, she said aa lot of the
information about R.B.S. RR.B.S. Jr. Jr. was not told to to her her until there was a permanency review hearing before a permanency
the Court. the Court. Specifically, Specifically, Mother testified that that she she was not R.B.S. Jr.'s suicidal ideation not made aware of R.B.S.
until unti aaCourt hearing hearing where testimony testimony was presented. presented. Mother was greatly concerned about RB.S R.B.S.
Jr.`s Jr's treatment treatment in in this case as well. well. Mother Mother testified that that "things "things were for her were going pretty well" [or her and
R.B.S. Jr. as she started to progress progress through through her case. At the outset of this case, R.B.S. ber case. RB.S. Jr. was being
seen by a seen by a different therapist, and different therapist, and Mother Mother said she she saw an improvement. improvement. Mother Mother testified that
99 without without reason, reason, R.B.S. Jr. was moved to Dr. RB.S. Jr. Dr. Hennessey's practice, practice, and that is when Mother began began. to
notice notice aadedine decline in in this case, and things this case, things like R.B.S. Jr: sviolent like R.B.S.Jr's violent outbursts and suicidal ideation began. began
Mother Mother testified that this this is something something she discusses with her her own therapist, and worries worries about re-
traumatization traumatization with R.B.S. R.BS. Jr. decline. Mother also testified that this Jr. as his mental state continues to decline.
case has case been increasingly has beer increasingly difficult because any time because any asks time she assk for for clarification on aadecision the
Agency Agency or Dr. Dr. Hennessy Hennessy makes, makes, or aareason why why decisions are being made, the Agency claims c.aims that
she is she is not complying with not complying with recommendations recommendations and that Mother lacks protective capacity. capacity. Mother
testified testified that that she asked the Agency what an appropriate the Agency appropriate gift gift would be for R.B.S. Jr., end (orR.BS. and was given
no guidance, so she no guidance, she picked picked out aaNike T-Shirt she thought he would like. like. Mother testified testified that she
was never informed was never informed the the gift gift was inappropriate and was inappropriate and never told that never told that the gift was the gift was not given to not given to R.B.S. R.B.S.
Jr. Jr. Additionally, Additionally, Mother Mother testified testified that that the the first first letter she gave gave R.B.S. R.B.S. Jr. and asked asked not to be shared is
because Mother because Mother put put in in "I'm fighting fighting for you" you" and she thought that may trigger him and warted wanted to
remove remove the the phrase. phrase. After After she she removed that phrase, phrase, she believed that the letter was fine, and was not
told told otherwise.
Additionally, Mother Additionally, Mother also also testified that it's it'sbeen been incredibly difficult to be involved with RB.S R.B.S.
Jr.'s therapy. Jr's Mather testified therapy, Mother testified that aamajority majority of her contact with Dr. Hennessy has been by phone,
and and that that she is not very she is very informed of what she needs to be doing to help RB.S. R.B.S. Jr.'s therapy. She met Jr's therapy.
with with Dr. Dr. Hennessy one time, Hennessy one time, and and was informed that was informed that R.B.S. R.B.S. Jr. Jr. has has an an issue issue with with his his feet. feet. She said the She said the
only thing only thing Dr. Hennessy Hennessy taught taught her her was to massage his feet, give him socks, to massage socks, and talk talk to to him in aa
very calm very calm voice. However, prior voice. However, prior testimony testimony provided provided that calm voices do not work well with.BS with R.B.S.
10 Jr., nor does Jr., nar does a a maternal maternal figure figure attempting to calm attempting to R.BS. Jr. cal down R.B.S. Jr. immediately immediately after after aanegative
behavior, aafact behavior, fact Mother Mother says says she again, only she again, only learned learned during during the hearing. Mother the hearing. Mother testified that it testified that it has has
been been incredibly incredibly difficult to know what she needs to work on regarding regarding R.B.S. R.B.S. Jr.'s Jr's mental health and
how best how to help best to help him, because there him, because there is is not not aalot communication about lot of communication about it. it.
Finally, Finally, the Guardian Ad Litem (hereafter (hereafter "GAL") and R.B.S. Jr.'s legal counsel both presented R.B.S.Jr.'segal
findings to the findings to the Court. Court. Both Both reported reported that this case that this case is very difficult is very difficult due due to to R.B.S. R.BS. Jr.'s Jr's mental state. mental state
The GAL The GAL reported that R.B.S. Jr. in reported thatR.BS.Jr. in the the latest latest placement placement is is happy happy and safe, and and has expressed interest
in in being being adopted. However, the adopted. However, GAL alalso the GAL so reported reported R.B.S. R.BS. Jr. Jr. wants wants to see his to see his siblings siblings but is worried but is worried
what what his response maybe. his response may be. The The GAL stated it is clear that the child ct;ld wants to remain in his placement,
but but also that he also that he wants wants a a relationship relationship with with Mother Mother and his his biological biological siblings. siblings. The GAL also reported
she is concemed she is concerned by by Mother's decision to Mother's decision drive which to drive which resulted resulted in in criminal criminal charges charges for driving on for driving on aa
suspended license, because suspended license, because she believes that presented presented aa backslide in Mother's progress.
Additionally, R.B.S. Additionally, Jr.'s legal R.BS. Jr's legal counsel reported reported that the child has expressed a a desire to be adopted adopted.
However, R.B.S. Jr. However, RBS. Jr. does not seem to understand what termination means, and has expressed aadesire
to see his to see his siblings. siblings. Ultimately, Ultimately, the GAL recommended the GAL recommended termination, but R.BS. termination, but R.B.S. Jr.'s legal counsel Jr.'s legal counsel
could not make make a a recommendation recommendation either either way. way
DISCUSSION DISCUSSION
The Court The Court begins begins the discussion with the discussion with noting noting that that this this case case is is highly highly complicated. There has complicated. There has
been been aatremendous level of progress progress by by Mother in this case, during the second half of placement. placement
The Court notes The Court notes that that if if the the Court did not find that Mother had made sustained and successful
31 II progress, progress, the Court would would not rot have returned the three (3) siblings of R.B.S. Jr. ofR.B.S. Jt. to ta Mother's care. While
aamajority majority of testimony testimony was presented presented on Mother's misgivings, the Court feels that this case comes
down to the PTSU PTSD and mental health of R.B.S. Jr. rather than any lack of progress Mother has made RB.S. Jr.
while wile working towards reunification reunification.
The court must undergo undergo aa two-step two-step analysis analysis when deciding whether to terminate an
individual's parental parental rights. rights. First, the court must determine whether the petitioner proved with with
clear and convincing convincing evidence one of the grounds grounds for termination stated in in 23 Pa.C.S,A. PL.C.SA. § 2511(a). S 2511(a)
Next, Next, the court must assess the child's developmental, developmental, physical, physical, and emotional needs and welfare in in
accordance with 23 Pa.C.S.A. Pa.CS.A. § 2511(b) and the best interest of the child standard. 52511(b) standard. The court must
consider each case's individual circumstances and the parent's explanations to determine whether
the the "totality of the "totality of the circumstances" circumstances" justifies justifies terminating terminating the the parent's parent's rights. 7n re rights. In re B.N.M., BNM. 856 A.2d 856 A.2d
847, 853 847, 853 (Pa. (Pa. Super. 2004).
The Agency The Agency alleges grounds for alleges grounds Pa.C.S.A. $$ tor termination under 23 PA.CS.A. §§ 2511(a)02), 2511(a)(2), 23 Pa.C.S.A. Pa.CS.A.
2511(a)(5), and 23 Pa.C.S.A. 2511(a)(5), Pa.CS.A. $g 2511(a)(8). 2511(a)(8). The Court will first address the termination grounds found
in in all alleged sections. all alleged sections. Then Then it it will separately determine will separately determine whether whether terminating terminating Father Father and and Mother's Mother's
parental rights parental rights serves R.B.S. R.B.S. Jr.'s Jr's best best interest.
I. I, Termination Grounds for for Father
A. Termination Pursuant A. Termination Pursuant to to 23 23 ra.C.S.A. Pa.CS.A. § 2511(a)(2) $ 2511()02)
Section 2511(a)(2) 2511(a)2) authorizes the court to terminate a a parent's rights ifif:
"The "Te repeated repeated and continued incapacity, incapacity, abuse, neglect or refusal of the parent has caused the child to be without essential parental parent parental care, control or
12 subsistence necessary necessary for his his physical physical or mental well-being and the conditions and causes of the incapacity, incapacity, abuse, neglect neglect or refusal cannot or will not be remedied by by the the parent." parent"
23 Pa. C,S.A. § 23Pa.CS.A. 2511(a)(2). $2511(a)02)
The Agency Agency has established, by by clear and convincing evidence, the grounds for termination terminatior
of of Father's parental parental rights rights under § 2511(a)(2). Father has not cooperated with the Agency in any g 2511(a)(2)
meaningful way which meaningful way which has caused R.B.S. Jr. Jr. to be without essential parental care. care. Father has had
numerous opportunities opportunities to to be involved with services and has flouted almost every opportunity opportunity.
This has caused R.B.S. This R.S.S. Jr. fr. to be without essential parental parental care, control or subsistence necessary for
his physical physical and mental well-being. well-being. Furthermore, Father's incapacity cannot be remedied in aatimely
manner, as evidenced by manner, as by his unwillingness to his unwillingness participate in this to participate this case meaningfully. 23 Pa.C.S.A. case meaningfully, Pa.CS.A
§2511(a)(2). $2511(a)02).
B. B. Termination Pursuant t6 to 23 Pa,C.S.A. Pa.CS.A, $§2511(a)(5)
Section 2511(a)(5) 2511(a)(5) permits permits the court to terminate parental rights when.- when:
"The "The child has has been been removed removed from from the the care of of the the parent parent by the the court or under under aavoluntary voluntary agreement agreement with an agency with an agency for for aaperiod period of at least of at six months, least six months, the the conditions which led to the removal or placement placement of the child continue to exist, the parent cannot or will parent cannot will not remedy those not remedy those conditions within within aareasonable reasor.able period period of time, time, the services or assistance reasonably available to the parent are likely to remedy not likely remedy the conditions which led to the removal or placement of the child within a a reasonable period period of time and termination of the parental rights nights would would best serve the best serve the needs and welfare needs and of the welfare of the child." child." 23 Pa.C.S.A. § 23Pa.CS.A. 2511(a)(,5). $2511(a)05)
The Agency Agency has has established, established, by clear and convincing evidence, the grounds for termination by dear
of £ Father's Father's parental parental rights rights under $§2511(a)(5). 2511(a)(5). Father has not cooperated cooperated with the Agency in any
13 13 meardngful mearungful way way which which has caused caused R.B.S. Jr. to be without essential parental care. RBS. Jr. care. Father has failed
to address to address the the Agency's Agency's mental health concerns, failed failed to seek drug and alcohol treatment for his
addiction, addiction, failed failed to maintain maintain aacrime free lifestyle lifestyle which resulted in in Father being incarcerated three
(3) times (3) times during during the life of this case. case. Father has had numerous opportunities to be involved with
services servies and has every opportrity. has flouted almost every opportunity. This has caused R.B.S. Jr. to be without essential RB.S. Jr.
parental care, control or subsistence necessary parental care, necessary for her physical physical and mental well-being. Furthermore,
Father's Father's incapacity incapacity cannot be remedied in atimely in a timely manner, as evidenced by his unwillingness to
participate participate in this his case meaningful'y.23Pa.CS.A. meaningfully. 23 Pa.C.S.A. §2511(a)(2). $2511(2)2)
C. Termination Pursuant to 23 Pa.C.S.A. $ 2511(a)(8) Pa.C.S.A. § 2511(a)(6)
The court may may terminate a a parent's parent's parental parental rights under g§2511(a)(8) 2511(a)):f:if:
"The child has been removed from the care of the parent by the court Or or under aavoluntary agreement with an agency, twelve months or more voluntary agreement tore have elapsed from the elapsed the date of removal or placement, placement, the conditions which led to the removal or placement removal or the child continue to exist and termination of placement of the parental parental rights rights would serve the would serve the needs needs and and welfare of the welfare of the child." child."
23 Pa.C.S.A. y2511(a)(8). Pa.C5A$2511(8)(8)
The Agency The Agency by by clear and convincing convincing evidence also established the termination grounds
found found in in3§2511 2511 (a)(8). {a)8). At At the the time time of of the hearing, R.B.S. the hearing R.BS. Jr. had had been in in foster care for for approximately approximately
thirty-right (38) thirty-right (38) months. months. Father has clearly clearly failed to address any of the problems that led to R.B.S. R.B.S
Jr. being removed Jr. being removed from from the the home. home. Father Father has has failed failed to to address address the Agency's mental the Agency's mental health concerns, health concerns,
failed drug and alcohol failed to seek drug alcohol treatment for his addiction, failed to maintain aacrime free lifestyle
which which resulted in Father being being incarcerated three o three (3) times during the life of this case, and failed to to
14 cooperate cooperate with the Agency in any the Agency any meaningful meaningful way. It is apparent way. itis apparent to to the Court that Father will will not
cooperate with cooperate with the Agency Agency and work on on any any of the concems concerns the the Agency has. has. As such, such, the the Court
finds finds grounds grounds to terminate Father's parental parental rights rights pursuant pursuant to § 2511 (a)(8) $ 2511 (a)(8).
II. IL. Termination Grounds for forMother
A. Termination Pursuant to 23 Pa.C.S.A. § 2511(a)(2) $ 2511(a)02)
Section 2511(a)(2) authorizes the court to Section 25l1(a)2) to terminate a a parent's rights if: if
"The repeated The repeated and continued incapacity, incapacity, abuse, neglect or refusal of the parent has parent has caused the child caused the child to to be be without essential parental without essential parental care, care, control or control or subsistence subsistence necessary necessary for physical or mental well-being and the for his physical conditions and causes of the incapacity, incapacity, abuse, neglect or refusal cannot or will not will not be be remedied remedied by by the the parent." parent
23 Pa. CS.A.$ 23Pa. C. 5,A. §2511(a)2) 2511(a)(2).
Here, the Agency Here, the Agency by clear and convincing by clear convincing evidence es:ablished established the termination grounds
found in found in § 2511(a)(2), relative to Mother. 6 2511(a)(2), Mother. Irremediable incapacity by Mother has caused R.B.S. R.B.S. Jr. to
be be without parental care for his mental wellbeing and conditions cannot be remedied. without essential parental remedied. The
abuse o! abuse of R.B.S. Jr. caused R.BS.Jr. caused such such trauma that Dr. Dr. Hennessy Hennessy recommended recommended no contact with no contact with Mother Mother, as as
it it causes causes R.B.S. Jr. continued trauma RB.S. Jr. trauma and and concerns of self-harm. selfharm. This This initial R.B.S. initial incapacity caused RB.S.
Jr. to Jr. to be be without essential parental parental care for for his his wellbeing wellbeing and and according to the the expert expert testimony testimony of
Dr. Dr. Hennessy, conditions continue to exist as the triggers Hennessy, there conditions triggers are Mother's home, Mother's family,
and Mother's and Mother's presence. presence. Accordingly, Accordingly, the the Court Court finds grounds to finds grounds terminate Mother's to terminate parental rights Mother's parental rights
pursuant pursuant to § $ 2511(a)(2). 2511(a)2)
B. B. Termination Termination Pursuant Pursuant to to 23 Pa.C.S.A. Pa.C.S.A. $§2511(a)(5) 25116a)(5)
15 Section Section 2511(a)(5) permits the 2511(a)5) perrits the court to to terminate parental parental rights when:
child has "The child has been removed from been removed from the the care of the care of the parent by the parent by the court court or Or under a under a voluntary voluntary agreement agreement with an agency with an agency for aaperiod of at least of at least six months, months, the conditions which led to the removal or placement of the child continue to continue to exist, exist, the the parent parent cannot or will will not remedy remedy those those conditions within aareasonable period within period of of time, time, the services or or assistance reasonably reasonably available to available to the parent are not likely the parent likely to remedy remedy the conditions which led led to the removal removal or plplacement acement of the child within aareasonable period of tire time and termination of and termination of the parental rights the parental rights would would best serve the best serve needs and the needs and
welfare o welfare of the child." the chid."
23 Pa.C.S.A. §2511(a)(5). Pa.CS.A.$2511(a)05)
The The Agency Agency by clear and by clear and convincing convincing evidence evidence also established the also established the termination termination grounds grounds
found in found in §2511(a)(5). At S2511(a)(5). At the time time of the hearing, R.B.S. the hearing Jr. had R.B.S. Jr. had been in foster been in foster care for approximately approximately
thirty-eight (38) months. thirty-eight (38) The conditions, by months. The by way way of R.B.S. Jr.'s Jr's triggers, continue to exist. Per the
expert testimony expert testimony of of Dr. Dr. Hennessey Hennessey the conditions continue to exist, and Mother cannot remedy due
to the nature nature of the the abuse abuse and ongoing or.going trauma R.B.S. Jr. trauma of RB.S. J. While While Mother Mother has has made made progress progress in
almost every almost area of every area of her her life, R.B.S. Jr's life, R.BS. Jr.'s extensive extensive trauma trauma cannot cannot be be remedied remedied in Mother's care, in Mother's care, per per
expert testimony expert testimony of Dr. Dr. Hennessy. Henness. While it is clear that Mother does love R.B.S. Jr. very much, and R.B.S. Jr.
has has worked worked hard hard to address the to address problems that the problems that led led to to the placement of the placement of R.B.S. Jr., RB.S. R.BS.Jr. R,B.S. Jr.'s Jr.'s trauma trauma is is
intrinsically intrinsically linked linked to Mother, Mother, and seems unlikely unlikely to be resolved. resolved. As such, the Court finds grounds
to to terminate terminate Mother's Mother's parental parental rights rights pursuant to § pursuant to $ 2511(a)(5). 2511(a)(5).
$ 2511(a)(8) C. Termination Pursuant to 23 Pa.C.S.A. §
The court may may terminate a a parent's parental rights under § parent's parental $ 2511(a)(8) if: 2511(a)(8)ii
16 "The child has "The child has been removed removed from the care of the parent by the court of or under under aavoluntary agreement with an agency, voluntary agreement agency, twelve months or more have elapsed elapsed from the date o: from the of removal or placement, placement, the conditions which led to the the removal removal or placement placement of the child continue to exist and termination of parental parental rights rights would serve the would serve the needs and welfare needs and o: welfare of the child." the child."
23 Pa.C.S.A. §2511(a)(8). 23Pa.CS.A.$ 2511(a)(8)
The Agency The by clear Agency by clear and and convincing convincing evidence also also established the the termination terr.ination grounds
found in §2511 found in$ 2511 (a)(8). (a)(8). At At the time o: time of the hearing, hearing R.B.S. RBS, Jr. had been in in foster care for approximately
thirty-eight (38) (38) months. months. R.B.S. R.B.S. Jr.'s Jr's continued trauma trauma and extensive extensive triggers triggers linked linked to Mother's Mother's care thirty-eight
continue to continue to exist. exist. While Mother Mother has attempted attempted to remedy remedy the trauma caused to R.B.S, R..S. Jr., testimony
provided by provided by Dr. Dr. Hennessy Hennessy shows that R.B.S. Jr. isis still not R.B.S. Jr. not safe care, and the safe in Mother's care, the trauma
continues to continues to exist. Termination of Mother's rights exist. Termination rights would best serve the needs and welfare of R.B.S. R.BS
Jr. Jr. As such, the As such, the Court Court finds grounds to finds grounds to terminate Mother's parental rights pursuant to 32511 §2511 (a)(8). (a)(8)
III. The Child's Best Interests
Havitlg found Having found the the Agency evidence the Agency established with clear and convincing evidence the termination termination
grounds for for Mother Mother and and Father stated in § $ 2511(a)(2), 2511(a)(2), $§2511(a)(5) and§ and$ 2511(a)(8), the Court must grounds
serves R.B.S. determine whether terminating parental rights serves RB.S. Jr.'s Jr.'s bes besttinterest. interest. The The court must give Court must give
"primary determination" to the the child's "developmental, physical, child's "developmental, and emotional physical, and emotional needs." needs." 23 23 "primary determination" to
Pa.C.S.A. 32511(b). Pa.CS.A. § 2511(b). This analysis analysis involves an examination of "intangibles such as love, comfort,
security, and security, and stability." In e stability." In re CP., C.P., 901 901 A.2d A.2d 516, 516, 520 520 (Pa. Super. 2006). (Pa. Super. 2006). The The court must assess court must assess he the
bond the children have with their parents bond parents and whether termination would sever "existing,
17 necessary, necessary, and beneficial relationship[sl." relationship[s]" In re K.ZS, K.Z.S., 946 A.2d 753, 760 (Pa. Super. 2008)(citing In
re. C.S., CS., 761 A.2d 1197, 1197, 1202 (Pa. (Pa. Super. Super. 2000). 2000). The court must pay "close attention" to the effect
severing the bond with a severing aparent parent has on the children. In re L L.M., M,, 923 A.2d 505, 511 (Pa. Super. Super. 207) 2007).
However, However, the child's needs and welfare are the most important important factors. factors. In J re.ZS., K.Z.S.,946 946 A.2d at 760.
The Court firids finds that there is is no bond or attachment between R.B_S. R.BS. Jr. and Father. In fact,
testimony testimony provided by all parties provided by parties indicated that there is a a severe trauma response to Father. Father, The
Court Court finds that R.B,S. finds that R.B.S. Jr.'s Jr's needs and welfare are best met with terminating terminating Father's parental rights. rights
The Court Court acknowledges acknowledges that that Mother Mother loves R.B.S. Jr. and does want him R.B.S. Jr. him returned returned to her her care. care
The The Court also takes notice that Mother has worked exceptionally hard to dramatically change her
life. lie. However, However, R.135. RBS. Jr. does have Jr. does have mental mental health concerns that health concerns that Mother Mother has has not not been able to been able to address address
given given the the severity severity of R.B.S. Jr.'s symptoms. RB.S. Jr's symptoms. While R.B.S. R.BS. Jr. is confused and does not fully
understand understand what termination is, what termination is, as as reported by both reported by his legal both his legal counsel counsel and and the the CAL, GAL, the Court finds the Court finds
that R.B.S. R.BS Jr.'s Jr's mental condition appears appears to be more stable in his foster home, than in in the care of
Mother. Further, there was Mother. Further, was testimony testimony presented presented that that while while there there is is a a bond bond between between Mother Mother and
R.B.S. Jr., that bond is not aasafe, secure bond, but rather a RB.S.Jr., a trauma bond. Therefore, the Court finds
that terminating Mother's that terminating Mother's parental parental rights serves BS. rights serves R.B.S. Jr.'s Jr's developmental, developmental, physical, and emotional physical, and emotional
needs needs and welfare. welfare
CONCLUSION
This Court finds the Agency Agency met its burden, by proving through clear dear and convincing
evidence evidence the grounds grounds for involuntary involuntary termination of Mother and le'ather's Father's parental rights found in
18 23 Pa.C.S.A. $82511(a)62), 23Pa.CS.A. §§2511{a)(2), 2511(a)(5), and 2511(a)(8). Further, terminating Mother and Father's
parental parental rights rights is the is in th best e best interests interests of R.B.S. Jr. RB.S. Jr
BY THE COURT: COURT
,•lr.• ;. AARON L. L GINGRICH JUDGE
c: C: Alina Reed, Esq Esq, Karen Muir, Esq, Esq "• ,-, ·- . ' ,- ., --.s ' -, M. Davis, Esq. Jeffrey M ' ,, ' oe
Erica Shoaf, Bica Shoat, Esq, Esq. ' '' J Brian Baker, Esq. Esq ·:- ',,; MCCYS : " File C.-.) ,,, - 2 � 4
In Re: R.B.S., Jr., a Minor (In Re: R.B.S., Jr., a Minor) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.