In Re RNJ

985 A.2d 273
CourtSuperior Court of Pennsylvania
DecidedDecember 18, 2009
Docket648 EDA 2008, No. 649 EDA 2008
StatusPublished

This text of 985 A.2d 273 (In Re RNJ) 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 RNJ, 985 A.2d 273 (Pa. Ct. App. 2009).

Opinion

985 A.2d 273 (2009)

In re R.N.J. & G.J., Minor Children,
Appeal of M.H., Biological Mother, Appellant.

No. 648 EDA 2008, No. 649 EDA 2008

Superior Court of Pennsylvania.

Submitted August 31, 2009.
Filed December 18, 2009.

*274 Michael P. Marryshow, Philadelphia, for appellant.

Lester R. Zipris, and Kathleen M. Metcalfe, Public Defender, for appellees.

Elise M. Bruhl, Philadelphia, for Dept. of Human Services, Participating Party.

Jermaine Harris, Philadelphia, for Father, Participating Party.

BEFORE: BOWES, PANELLA, and KELLY, JJ.

OPINION BY BOWES, J.:

¶ 1 M.H. ("Mother") appeals from the orders entered on December 12, 2007, wherein the trial court involuntarily terminated her parental rights to her two young children, R.N.J. and G.J.[1], born June 18, 2004, and May 18, 2006, respectively, and changed the permanency goal of her two older children, M.J. and B.M.J., born September 9, 1995, and October 29, 1998, respectively, from reunification to permanent legal custody ("PLC"). After careful review, we affirm.[2]

¶ 2 The pertinent facts and procedural history may be summarized as follows. On April 1, 2005, the Philadelphia Department of Human Services ("DHS") received a general protection services report ("GPS") indicating that Mother, M.J., B.M.J., R.N.J., and two siblings were residing in an inadequate, cramped apartment with four other adults. The GPS report, which was substantiated, also alleged that Mother permitted drug activity to occur in the children's presence, and that six-year-old B.M.J. was not attending school due to insufficient immunization records. On April 4, 2005, Mother voluntarily *275 placed the children in foster care because her residence had insufficient space for the children. On April 27, 2005, the juvenile court adjudicated M.J., B.M.J., and R.N.J. dependent and awarded the agency temporary legal custody.

¶ 3 Thereafter, on May 18, 2006, Mother gave birth to G.J., who immediately tested positive for "benzo."[3] N.T., 12/12/07, at 53; DHS Exhibit 24, and 27. The ensuing GPS report was substantiated, and on May 22, 2006, DHS obtained a restraining order committing G.J. to the agency's custody temporarily. On May 31, 2006, the juvenile court adjudicated G.J. dependent. At that time, the court-approved permanency goal for all of the children was reunification. M.J. and R.N.J., who are placed together, have shared the same foster home since 2005. Likewise, B.M.J. and G.J. share the same foster home.

¶ 4 Mother's family service plan ("FSP") required her, inter alia, to: 1) attend parenting classes; 2) complete job training; 3) comply with the Clinical Evaluation Unit's recommendations; 4) attend drug and alcohol evaluation and remain drug-free for six urine screens; 5) maintain regular contact with the children; and 6) obtain suitable housing. DHS later added requirements for a mental health evaluation, domestic violence counseling, and anger management. Mother attained some of her FSP goals; she completed parenting classes and submitted to a drug and alcohol evaluation. However, her overall success was marginal. Mother did not address the housing, mental health, employment, anger management, or domestic violence issues. Moreover, although Mother visited with the children consistently, she had little interaction with the children during the supervised visitation.

¶ 5 On June 18, 2007, DHS filed petitions to involuntarily terminate Mother's parental rights to R.N.J. and G.J. and to change M.J.'s and B.M.J.'s permanency goals from reunification to permanent legal custody with their respective foster parents. Following an evidentiary hearing on December 12, 2007, the trial court entered orders involuntarily terminating Mother's parental rights to R.N.J. and G.J. pursuant to § 2511(a)(1), (2), (5), and (8), and it changed M.J.'s and B.M.J.'s permanency goals to PLC.[4]

¶ 6 Mother filed timely notices of appeal on December 19, 2007, and on January 22, 2008, she complied with the trial court's orders to file concise statements of errors complained of on appeal pursuant to Pa. R.A.P. 1925(b). On September 26, 2008, this Court granted Mother's motion to consolidate her two appeals and remanded the matter for the preparation of a supplemental Rule 1925(b) statement and a supplemental trial court opinion.

¶ 7 On appeal, Mother presents one issue *276 for our review:[5]

Whether the [trial] court erred by failing to consider the emotional needs of siblings residing in [the] same foster home where one child would visit Mother through permanent legal custody and the other child would not be allowed to visit Mother due to [the involuntary] termination of parental rights?

Mother's brief at 3.

¶ 8 Our standard of review regarding orders terminating parental rights is as follows:

When reviewing an appeal from a decree terminating parental rights, we are limited to determining whether the decision of the trial court is supported by competent evidence. Absent an abuse of discretion, an error of law, or insufficient evidentiary support for the trial court's decision, the decree must stand. Where a trial court has granted a petition to involuntarily terminate parental rights, this Court must accord the hearing judge's decision the same deference that we would give to a jury verdict. We must employ a broad, comprehensive review of the record in order to determine whether the trial court's decision is supported by competent evidence.

In re S.H., 879 A.2d 802, 805 (Pa.Super.2005). In termination cases, the burden is upon DHS to prove by clear and convincing evidence that its asserted grounds for seeking the termination of parental rights are valid.

¶ 9 We have previously stated:

The standard of clear and convincing evidence is defined as testimony that is so "clear, direct, weighty and convincing as to enable the trier of fact to come to a clear conviction, without hesitance, of the truth of the precise facts in issue." It is well established that a court must examine the individual circumstances of each and every case and consider all explanations offered by the parent to determine if the evidence in light of the totality of the circumstances clearly warrants termination.

In re J.L.C., 837 A.2d 1247, 1251 (Pa.Super.2003).

¶ 10 Requests to terminate a biological parent's parental rights are governed by 23 Pa.C.S. § 2511, which provides in pertinent part as follows:

§ 2511. Grounds for involuntary termination
(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:
(1) The parent by conduct continuing for a period of at least six months immediately preceding the filing of the petition either has evidenced a settled purpose of relinquishing parental claim to a child or has refused or failed to perform parental duties. (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.

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In re R.N.J.
985 A.2d 273 (Superior Court of Pennsylvania, 2009)

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Bluebook (online)
985 A.2d 273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-rnj-pasuperct-2009.