In re T.F.

847 A.2d 738, 2004 Pa. Super. 112, 2004 Pa. Super. LEXIS 606
CourtSuperior Court of Pennsylvania
DecidedApril 12, 2004
StatusPublished
Cited by103 cases

This text of 847 A.2d 738 (In re T.F.) 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 T.F., 847 A.2d 738, 2004 Pa. Super. 112, 2004 Pa. Super. LEXIS 606 (Pa. Ct. App. 2004).

Opinion

OPINION BY BENDER, J.:

¶ 1 B.F. (Mother) appeals from the orders granting the petitions filed by the City of Philadelphia Department of Human Services (DHS) seeking the involuntary termination of Mother’s parental rights to four children, A.W.F., born July 31, 1991, E.F., born December 11, 1994, J.F., born July 20,1996, and T.F., born December 27, 1997.1 For the following reasons, we reverse.

¶2 Hearings on the termination petitions were held on January 21, 2003, and on February 3, 2003, at which time the court heard testimony from Olusola Fadi-na, a DHS social worker, from Peggy Howard, a Children’s Services social worker for J.F. and A.W.F., from Miriam Hawkins, T.F.’s and E.F.’s foster mother, and from Mother on her own behalf. Based on the testimony it heard, the court set forth the following recitation of the facts:

At the termination hearing Olusola Fadina, a DHS social worker, testified that [Mother’s four children came to the attention of the DHS in July 1998. DHS received reports that [Mother] had drug abuse problems and often left the children at home unsupervised. Fadina testified that a Family Service Plan (“FSP”) was developed with the goal of improving [Mother]’s living conditions. According to the FSP, [Mother] was to abstain from leaving the children unattended, provide meals and clean clothes for her children and make her home a safer place to live. After [Mother] failed to comply with her FSP objectives, the children were removed from [Mother]’s custody on January 31, 2001. A second FSP was developed and agreed to by [Mother] on March 15, 2001. The goal of this FSP was to reunite [Mother] with her four children. To achieve this goal, [Mother] was to participate in a drug and alcohol abuse evaluation, comply with treatment recommendations, disclose her treatment progress to DHS, comply with all medical conditions, remain drug free, successfully complete eight (8) drug screens, protect the children from abuse, disclose progress reports and evaluations of the children to DHS, locate and occupy suitable housing and attend counseling to help her improve her relationship with her four (4) children. Fadina testified that [Mother] failed to comply with any of these objectives.
Peggy Howard, a Children’s Services social worker for J.F. and A.[W.]F., testified that [Mother] never visited J.F. and A.[W.]F. from July 2001 to September 2002. [Mother] refused Howard’s urging that she visit her children. Howard informed [Mother] of the consequences of not maintaining any contact with her children; namely that [Mother] would lose custody of her children. This [740]*740was not enough to make [Mother] visit her children. Howard testified that since the termination proceedings were initiated, [Mother] has visited J.F. and A.[W.]F. on only two occasions. The first visit was scheduled from 5:00 to 6:00 p.m. [Mother] arrived forty-five (45) minutes late.
[Mother] testified at the February 3rd termination hearing. [Mother] stated that she did not want her parental rights terminated because she loves her children. [Mother] stated that she did fix her home as mandated by the FSP. However, she testified that she did not complete the drug programs because she either did not understand them, did not qualify for them or that she was scared of the programs.

Trial Court Opinion (T.C.O.), 6/30/03, at 2-3. The trial court further related that:

After [Mother] lost custody of her children, [Mother] rarely visited them. On one visit, T.F. was molested by [Mother’s live-in paramour. From July 2001 through September 2002, a period of fourteen months, [Mother] did not once visit [A.W.F.] and J.F. [Mother] visited her children only twice since the initiation of the termination proceedings.
Miriam Hawkins, T.F.’s and E.F.’s foster parent, testified that E.F.’s and T.F.’s behavior regressed after [Mother’s visits. After the children were placed with Hawkins, the children went to therapy to help stop sexual behavior. Both children regressed and engaged in sexual behavior after visits from [Mother]. Additionally, each child became unruly after being visited by [Mother].
[Mother] showed no parental interest in her children, rarely visiting them and never bringing gifts, cards or showing motherly attention to her children. [Mother] has made no effort to take advantage of the services being provided to her. [Mother] received Level II SCOH (Services to Children in Own Home) support even after her children were removed from her custody. Despite the support that [Mother] received, she failed to comply with any of the FSP objectives.
It is evident that the petition for involuntary termination of the parental rights of [Mother] was properly granted. [Mother] did not achieve any of the necessary objectives for reunification in the twenty months between her children’s placement and the filing of the goal change petition. [Mother] only bothered to visit her children twice after the filing of the petition to terminate her parental rights. Her constant neglect of her children and her continued incapacity to parent caused her children to be without essential parental care and control. [Mother] showed no effort to remedy this behavior.
[Mother]’s children were removed from [Mother’s care twenty months pri- or to the filing of the petition to terminate [Mother’s parental rights. The testimony given at the hearings on January 21 and February 3, 2003, show that the conditions that led to the children’s placement still exist. [Mother] is still battling a drug addiction. [Mother] testified on her own behalf on February 3, 2003. She stated that she now realizes that she loves her children and that she wants to be a part of their lives. She also testified that she is [sic] currently lives in a recovery home for drug addicts. However, she has not yet completed any drug program and remains addicted to drugs. [Mother] had twenty months to remedy her self-destructive behavior and become a good parent. In that time, [Mother] has not completed a drug program and has rarely visited her children. On the other hand, the chil[741]*741dren are adjusting well to their foster homes and foster parents. The children refer to their foster parents as “mommy” and “daddy.” Howard testified that the children do not want to return to the chaotic and stressful living situation that [Mother] provided them. Therefore, the weight and sufficiency of the evidence clearly supported involuntary termination of [Motherj’s parental rights.

T.C.O. at 7-8. Accordingly, with reliance on the above, the court ordered the involuntary termination of Mother’s parental rights pursuant to four subsections of Section 2511(a) of the Adoption Act, 23 Pa. C.S. § 2511(a)(1), (2), (5) and (8).2 This appeal followed.

¶ 3 On appeal, Mother raises four issues for our review:

1. Did the Department of Human Services of the City of Philadelphia (DHS) fail to prove by clear and convincing evidence that involuntary [sic] terminating [Mother’s] parental rights would best serve the emotional needs and welfare of each of her four children?
2. Did the trial court commit an error of law by involuntarily terminating Mother’s parental rights without fully considering the impact of termination on the emotional ijeeds and welfare of the children?
3.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re: Adoption of: D.K.B., a minor
Superior Court of Pennsylvania, 2024
In the Interest of: S.P., Appeal of: D.W.
Superior Court of Pennsylvania, 2023
In the Int. of: K.S., Appeal of: S.S.
Superior Court of Pennsylvania, 2023
In the Int. of: D.A.C.N., Appeal of: D.N.
Superior Court of Pennsylvania, 2020
In the Int. of: A.I.S., Appeal of: T.S.
Superior Court of Pennsylvania, 2019
In the Int. of: S.C., Appeal of: C.D.
Superior Court of Pennsylvania, 2018
In Re: Adoption of V.I.M.B.
Superior Court of Pennsylvania, 2018
In the Interest of M.C.K., a Minor
Superior Court of Pennsylvania, 2018
In the Interest of: B.S., a Minor
Superior Court of Pennsylvania, 2018
In the Interest of: A.J.M., a Minor
Superior Court of Pennsylvania, 2018
In the Matter of: Z.N.S., a Minor
Superior Court of Pennsylvania, 2018
In the Interest of: Z.M.P., a Minor
Superior Court of Pennsylvania, 2018
In Re: A.N.H., Appeal of: B.M.H., father
Superior Court of Pennsylvania, 2017
Adoption of V.W., etc., Appeal of: V.W., father
Superior Court of Pennsylvania, 2017
In the Interest of: K.R.L., Jr., a Minor
Superior Court of Pennsylvania, 2017
In the Interest of: A.A.S., a Minor
Superior Court of Pennsylvania, 2017
In the Interest of: L.L.D., a Minor
Superior Court of Pennsylvania, 2017
In Re: A.B. & C.B., Minors Appeal of: J.B.
Superior Court of Pennsylvania, 2017
In the Interest of: A.J.D., a Minor
Superior Court of Pennsylvania, 2017
In the Interest of: X.J.N., a Minor
Superior Court of Pennsylvania, 2017

Cite This Page — Counsel Stack

Bluebook (online)
847 A.2d 738, 2004 Pa. Super. 112, 2004 Pa. Super. LEXIS 606, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-tf-pasuperct-2004.