In re Termination of Rights of D.A.

9 Pa. D. & C.5th 522
CourtPennsylvania Court of Common Pleas, Carbon County
DecidedJanuary 8, 2009
Docketno. 08-9049
StatusPublished

This text of 9 Pa. D. & C.5th 522 (In re Termination of Rights of D.A.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Carbon County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Termination of Rights of D.A., 9 Pa. D. & C.5th 522 (Pa. Super. Ct. 2009).

Opinion

NANOVIC, P.J.,

The respondent, L.W. (Mother), in the above-captioned termination proceedings has appealed from our order dated October 6, 2008, terminating her parental rights in her son, E.M.W. (child).1 For the following reasons, it is respectfully requested that Mother’s appeal be denied and that the final decree be affirmed.

FACTUAL BACKGROUND

The final decree entered on October 6,2008, sets forth both the legal and factual basis for the involuntary termination of Mother’s parental rights. Those findings reflect, inter alia, the following.

The child, who is the subject of these proceedings, was born on June 15, 2006 and is now two years old. At the time of his birth, he was taken directly from the hospital by the petitioner, the Carbon County Children and Youth Services Office (hereinafter referred to at times as CYS and at times as the agency), and immediately placed in [525]*525protective custody. The agency was concerned that the child was in immediate danger of being abused based upon information it had received of severe sexual abuse of the child’s older brother, Jacob, by Mother and his biological father, between January 2005 and September 8,2005. Jacob, who was bom on February 5,2001, was removed from Mother’s home on September 8, 2005.

As part of the family service plan for Jacob, Mother was required to obtain a sexual offender’s evaluation and follow all recommendations thereof and also to obtain a mental health evaluation and receive counseling as recommended. These goals remained in place at the time of the child’s birth and had yet to be complied with by Mother.

A mental evaluation took place in October 2005 and recommended counseling. Mother failed to make arrangements for counseling. Again in October 2006, mental health recommended counseling and Mother failed to make the necessary arrangements. When Mother finally appeared for an intake interview in October 2007, it was determined that she would not benefit from counseling because of impaired judgment and limited insight. Consequently, the request for counseling did not proceed further.

Mother had two sexual offender’s evaluations. The first occurred on April 25, 2006, approximately two months prior to the child’s birth. Weekly treatment was recommended. When Mother failed to attend scheduled appointments and to make any efforts to pay the costs of the counseling, she was unsuccessfully discharged in July 2006. (N.T. 9/19/08, p. 10; N.T. 9/30/08, p. 20.)

[526]*526The second evaluation occurred in February 2008, following CYS’ referral to Forensic Treatment Services on September 25, 2007. On October 25, 2007, Forensic Treatment Services contacted Mother to schedule an intake appointment. Because of delays attributable to Mother, the evaluation requested in September 2007 did not occur until February 2008.

As part of the evaluation process performed by Forensic Treatment Services, a polygraph examination was administered. In a pre-test interview, Mother admitted that she was aware that Jacob’s father sexually abused him and she did nothing about it. (N.T. 9/19/08, pp. 64-65.) In a post-test interview, Mother admitted that she herself had sexually abused Jacob on two separate occasions. (N.T. 9/19/08, p. 66.)

Based upon Forensic Treatment Services’ evaluation, Mother was once more recommended for weekly sexual offender’s treatment. Again, as previously, she failed to keep appointments and to make an effort to pay the costs. In March 2008, she was discharged and designated by Forensic Treatment Services as an untreated sexual offender. This status placed her at a high risk for re-offense. Forensic Treatment Services recommended that she have no contact with children under 18 years of age, including her own children. (N.T. 9/19/08, p. 13.)

On September 28,2006, Mother pled guilty to a charge of endangering the welfare of children with respect to Jacob. She received a sentence of no less than nine nor more than 23 months in prison, with 30 days credit. In accordance with this sentence, she was in prison from January 22,2007 through August 18,2007. (N.T. 9/30/08, [527]*527p. 18.) While in prison, CYS did not permit any visits between Mother and the child to occur.

Prior to Mother’s imprisonment on January 22,2007, supervised visits between the child and Mother occurred every other week between June 2006 and January 2007. These visits resumed following Mother’s release from prison in August 2007 and continued until February 2008 when Forensic Treatment Services found Mother was an untreated sexual offender and recommended that she not be in contact with children until treatment was successfully completed. For this reason, no visits have occurred between Mother and child since February 2008.

The child’s entire life to date has been in foster care. He has never lived with his mother and Mother has never provided for any of his physical, emotional, or developmental needs. Mother has not been an active participant in the child’s life and there exists no close parental ties or emotional bonds between the two.

The petition for involuntary termination was filed on February 7,2008. It identifies three grounds for termination: 23 Pa.C.S. §2511(a)(1) (abandonment); section 2511 (a)(2) (neglect); and section 2511 (a)(5) (placement for a period of six months or more with no reasonable likelihood of reunification within a reasonable period of time). Hearings on the petition were held on September 19, 2008 and September 30, 2008. The findings of fact contained in the final decree dated October 6,2008, support the termination of Mother’s parental rights on each of these bases. The reasons Mother has given to reverse our decision are stated in a concise statement of matters complained of on appeal, which Mother filed in response [528]*528to our Rule 1925(b) order. They are narrow and limited and, we believe, without merit. They are each addressed below.

DISCUSSION

“Parents are required to make diligent efforts towards the ‘reasonably prompt assumption of full parental responsibilities.’ ” In re E.A.P., 944 A.2d 79, 83 (Pa. Super. 2008). “Where the parent does not exercise reasonable firmness ‘in declining to yield to obstacles,” his parental rights may be forfeited.” Id. “Further, parental duty requires that the parent not yield to every problem, but must act affirmatively, with good faith interest and effort, to maintain the parent-child relationship to the best of his or her ability, even in difficult circumstances.” In re J.I.R., 808 A.2d 934, 938 (Pa. Super. 2002), appeal denied, 573 Pa. 672, 821 A.2d 587 (2003).

As of the date of the termination hearing, the child was out of his mother’s care for over two years. Why this occurred is the real question that has to be answered. “The duty of the court under the Juvenile Act to provide rehabilitative services to the parent of a dependent child is recognized as a correlative responsibility, with that of the parent, to satisfy the mandate contained in the Adoption Act, prior to CYS proceeding to petition for involuntary termination of parental rights pursuant to section 2511 (a).” In the Interest of Lilley, 719 A.2d 327

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In Re Baby Boy H.
585 A.2d 1054 (Superior Court of Pennsylvania, 1991)
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719 A.2d 327 (Superior Court of Pennsylvania, 1998)
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517 A.2d 1244 (Supreme Court of Pennsylvania, 1986)
In Re CB
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In re G.P.-R.
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In re N.W.
859 A.2d 501 (Superior Court of Pennsylvania, 2004)
In the Interest of C.B.
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In re Involuntary Termination of Parental Rights to E.A.P.
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In the Interest of K.Z.S.
946 A.2d 753 (Superior Court of Pennsylvania, 2008)
In re Adoption of C.L.G.
956 A.2d 999 (Superior Court of Pennsylvania, 2008)

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Bluebook (online)
9 Pa. D. & C.5th 522, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-termination-of-rights-of-da-pactcomplcarbon-2009.