In Re: S.I.R.S., Appeal of: S.D.

CourtSuperior Court of Pennsylvania
DecidedFebruary 27, 2025
Docket821 WDA 2024
StatusUnpublished

This text of In Re: S.I.R.S., Appeal of: S.D. (In Re: S.I.R.S., Appeal of: S.D.) 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: S.I.R.S., Appeal of: S.D., (Pa. Ct. App. 2025).

Opinion

J-A29010-24

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN THE INTEREST OF: S. I. R. S., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: D.S., MOTHER : : : : : No. 821 WDA 2024

Appeal from the Order Entered June 10, 2024 In the Court of Common Pleas of Clarion County Civil Division at No(s): No. 59 OC 2024

IN THE INTEREST OF: N. S.T. B., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: D.S., MOTHER : : : : : No. 822 WDA 2024

Appeal from the Order Entered June 10, 2024 In the Court of Common Pleas of Clarion County Civil Division at No(s): No. 58 OC 2024

BEFORE: OLSON, J., LANE, J., and BENDER, P.J.E.

MEMORANDUM BY OLSON, J.: FILED: FEBRUARY 27, 2025

D.S. (“Mother”) appeals from the June 10, 2024 orders that involuntarily

terminated her parental rights to her biological daughters, S.I.R.S., born in J-A29010-24

January of 2020, and N.S.T.B., born in September of 2021 (collectively “the

Children”).1, 2 After careful review, we affirm.

The certified record reveals the following relevant facts and procedural

history. The Clarion County Office of Children and Youth Services (“CYS” or

“the Agency”) first became involved with this family in May of 2021, after

Mother was evicted from her apartment where she resided with S.I.R.S. See

N.T., 3/26/2024, at 7. From May of 2021, to March of 2022, Mother lived at

twelve different locations with the Children. See id. Following this extended

period of housing instability, the court adjudicated the Children dependent on

March 10, 2022. See id. at 6-7. Thereafter, the Children remained in

Mother’s care under court supervision until June 20, 2022, when they were

removed due to Mother’s continuing lack of consistent housing. See id.

The court established the Children’s permanency goals as reunification.

Mother’s goals for reunification were, inter alia, to obtain and maintain stable

housing and employment. See N.T., 3/26/2024, at 7-8, 13-14. Mother’s

housing instability persisted throughout the Children’s dependency

proceedings due to her inability to maintain employment, as well as her

____________________________________________

1 The parental rights of T.L., the father of S.I.R.S., were involuntarily terminated by separate order on June 10, 2024. T.L. appealed the termination order, which we address by separate memorandum at 820 WDA 2024.

2 The parental rights of T.B., the father of N.S.T.B., were involuntarily terminated by separate order on June 10, 2024. T.B. did not appeal nor did he participate in Mother’s instant appeal.

-2- J-A29010-24

repeated incarcerations for illegal drug related probation violations and her

subsequent in-patient drug rehabilitations.

Specifically, from March of 2022, through April of 2023, Mother lived in

three different residences in various Pennsylvania counties until her probation

officer ordered her to return to Clarion County.3 See id. at 9-10. Upon her

return, however, Mother was unable to obtain housing due to her extensive

history of evictions and unspecified felony convictions. See id. at 10-11, 42.

From April 21, 2023, to September 30, 2023, Mother was incarcerated on

three separate occasions due to probation violations for testing positive for

methamphetamines and two unsuccessful discharges from court-ordered drug

rehabilitation facilities. See id. at 11-12; N.T., 5/6/2024, at 13-14. On

September 30, 2023, Mother was imprisoned, again, for a fourth time due to

another unsuccessful drug rehabilitation discharge. See id. at 12-13; N.T.,

5/6/2024, at 14. She remained incarcerated until approximately April of 2024.

See id.; N.T., 5/6/2024, at 6. Upon her release, Mother completed another

rehabilitation program before residing at her current treatment facility, where

she remained at the time of the termination proceedings. See N.T., 5/6/2024,

at 6.

In relation to her goal of maintaining stable employment, Mother was

minimally employed throughout these proceedings and held several

3 The charges from which Mother’s probation originated are not clear in the

certified record.

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temporary positions from March of 2022 until December of 2023. See N.T.,

3/26/2024, at 14-15; N.T. 5/6/2024, at 11, 15. The record reveals no

additional employment after December of 2023. See id.

Upon the Children’s removal in June of 2022, the Agency discovered

that they were not up to date with their medical and dental care. See N.T.,

3/26/2024, at 30-32. The Children also had speech delays, which required

enrollment in early intervention services. See id. at 32. At the time of the

subject hearing, S.I.R.S. was still receiving services, but N.S.T.B. had met her

developmental milestones and no longer participated in services. See id. The

Children were placed with their current pre-adoptive foster parents in January

of 2023. See id. at 29, 36.

When the Children were initially removed from Mother’s care, she was

offered weekly supervised visits at the Agency for two hours. See N.T.,

3/26/2024, at 19-20. In January of 2023, supervised visits began to occur in

Mother’s home. See id. at 20. Visits were scheduled to progress to

“monitored” visitation,4 but they regressed to supervised interactions at the

Agency in February of 2023, after Mother became homeless. See id. Mother’s

attendance at visitation after February of 2023 was largely inconsistent due

to her repeated incarcerations and unsuccessful stints in rehabilitation

4 Monitored visitation is not defined in the certified record.

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facilities. See id. at 20-21. The last in-person visit between Mother and the

Children occurred on June 1, 2023. See id. at 21.

By order dated June 14, 2023, the orphans’ court changed the Children’s

permanency goals from reunification to adoption. Mother timely appealed the

goal change orders, but this Court affirmed the orders on February 9, 2024.

See In the Interest of S.S., 315 A.3d 71 (Pa. Super. 2024)

(non-precedential decision) (unpublished memorandum consolidated with In

the Interest of N.B., 315 A.3d 71 (Pa. Super. 2024)).

On March 8, 2024, CYS filed petitions to involuntarily terminate Mother’s

parental rights pursuant to 23 Pa.C.S.A. § 2511(a)(1), (2), (5), (8), and (b).

The involuntary termination proceedings took place on March 26, 2024, May

6, 2024, and June 6, 2024.5 The Children, then ages four and two,

respectively, had been removed from Mother’s care for approximately

twenty-one months at the commencement of the hearings. On March 26,

5 Our Supreme Court has held that “appellate courts should engage in sua sponte review to determine if orphans’ courts have appointed counsel to represent the legal interests of children in contested termination proceedings, in compliance with” 23 Pa.C.S.A. § 2313(a). In re Adoption of K.M.G., 240 A.3d 1218, 1235 (Pa. 2020). In this case, the orphans’ court appointed a guardian ad litem (“GAL”) and separate legal counsel for the Children. See Order, S.I.R.S., 3/12/2024; Order, N.S.T.B., 3/12/2024. As such, the court complied with the requirements of 23 Pa.C.S.A. § 2313(a).

-5- J-A29010-24

2024, CYS presented the testimony of its caseworker, Dylan Donine. On May

6, 2024, Mother testified on her own behalf.6

By orders dated June 6, 2024, and entered on June 10, 2024, the

orphans’ court involuntarily terminated Mother’s parental rights to the

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In Re: S.I.R.S., Appeal of: S.D., Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sirs-appeal-of-sd-pasuperct-2025.