In Re: Z.R., Appeal of: A.R.

CourtSuperior Court of Pennsylvania
DecidedAugust 5, 2020
Docket47 MDA 2020
StatusUnpublished

This text of In Re: Z.R., Appeal of: A.R. (In Re: Z.R., Appeal of: A.R.) 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: Z.R., Appeal of: A.R., (Pa. Ct. App. 2020).

Opinion

J-A16018-20

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

IN RE: Z.R., A MINOR : IN THE SUPERIOR COURT : OF PENNSYLVANIA : APPEAL OF: A.R. : : : : : : No. 47 MDA 2020

Appeal from the Decree Entered December 10, 2019 In the Court of Common Pleas of Columbia County Orphans' Court at No: 2019-OC-225-RT

IN RE: Z.R., A MINOR : IN THE SUPERIOR COURT : OF PENNSYLVANIA : APPEAL OF: A.R., MOTHER : : : : : : No. 48 MDA 2020

Appeal from the Decree Entered December 10, 2019 In the Court of Common Pleas of Columbia County Orphans' Court at No: 226 OC 2019 RT

IN RE: Z.R., A MINOR : IN THE SUPERIOR COURT : OF PENNSYLVANIA : APPEAL OF: A.R. : : : : : : No. 49 MDA 2020

Appeal from the Decree Entered December 10, 2019 In the Court of Common Pleas of Columbia County Orphans' Court at No: 2019-OC-227-RT J-A16018-20

BEFORE: PANELLA, P.J., STABILE, J., and MUSMANNO, J.

MEMORANDUM BY STABILE, J.: FILED AUGUST 05, 2020

A.R. (“Mother”), appeals from the decrees entered on December 10,

2019, which terminated involuntarily her parental rights to her children, Z.R.

1, a male born in October 2014; Z.R. 2, a female born in June 2016; and Z.R.

3, a male born in August 2017 (collectively, “the Children”).1 After careful

review, we affirm in part, vacate in part, and remand for further proceedings

consistent with this memorandum.

The record reveals that Columbia County Children and Youth Services

(“CYS”) became involved with Mother, Father, and Z.R. 1 in December 2014.

According to the family’s Service Plan, CYS received reports that Father and

Mother were living in poor home conditions, and that there were issues with

their parenting of Z.R. 1. Exhibit CYS-1 (3/2/15 Service Plan for Z.R. 1) at B-

1. It appears that CYS did not file a dependency petition at that time and Z.R.

1 remained in the home. Subsequently, in February 2018, CYS implemented

a safety plan with the family, due to Mother’s alleged substance abuse and

erratic behaviors. Exhibit CYS-2 (4/30/18 Permanency Plan for Z.R. 3) at A-

1. CYS filed dependency petitions in March 2018, alleging that both Mother

and Father were engaging in substance abuse. Id. On April 9, 2018, CYS

received a report that Father overdosed in the family’s home. Id. Father ____________________________________________

1 The decrees also terminated involuntarily the parental rights of the Children’s father, A.R., Sr. (“Father”). Father appealed the termination of his rights at Superior Court docket numbers 40, 41, and 42 MDA 2020. We address his appeal in a separate memorandum.

-2- J-A16018-20

claimed that it was not he but one of Mother’s relatives who had overdosed.

Id. However, when CYS conducted a drug screen of Father, he tested positive

for both amphetamines and methamphetamines. Id. at A-2. CYS requested

and received emergency protective custody of the Children that same day.

Id. The juvenile court conducted a shelter care hearing on April 13, 2018,

and adjudicated the Children dependent on April 27, 2018. Id. at E-1.

As detailed below, Mother failed to address her substance abuse history

and lacked stable housing throughout the Children’s dependency. She was

also incarcerated twice, from September 2018 until November 2018, and from

February 2019 to November 2019. On October 1, 2019, CYS filed petitions to

terminate Mother’s parental rights involuntarily. The orphans’ court held a

hearing on December 9, 2019, at the conclusion of which it announced that it

would terminate Mother’s rights. The court entered decrees memorializing its

decision the following day. Mother timely filed notices of appeal on January

6, 2020, along with concise statements of errors complained of on appeal.

Mother now raises the following claims for our review:

A. Did the [orphans’] court commit an error of law and/or abuse[] its discretion when it determined that the burden of clear and convincing evidence was met in terminating the parental rights of [Mother] pursuant to 23 Pa.C.S.[A.] § 2511 et[] seq.?

B. Did the [orphans’] court commit an error of law and/or abuse[] its discretion when it determined that the conditions that [led] to the removal or placement of the [C]hildren would not be remedied (23 Pa.C.S.[A.] § 2511(a)(2)), when Mother utilized all available resources to her while incarcerated from February 2019 until November 2019. Further, upon release, Mother continued to

-3- J-A16018-20

complete all requirements and cooperate with [CYS] to satisfy any outstanding objectives?

C. Did the [orphans’] court commit an error of law and/or abuse[] its discretion when it determined that the conditions that [led] to the removal or placement of the [C]hild[ren] would not be remedied (23 Pa.C.S.[A.] § 2511(a)(5)), when Mother utilized all available resources to her while incarcerated from February 2019 until November 2019. Further, upon release, Mother utilized all additional resources available to her to complete any remaining objectives?

D. Did the [orphans’] court commit an error of law and/or abuse[] its discretion in determining that the conditions that led to removal continue to exist and the best interests of the [] [C]hildren would be best served in terminating the rights of Mother pursuant to Pa.C.S.[A.] 2511(a)(8)?

E. Did the [orphans’] court commit an error of law, abuse[] its discretion, and/or den[y] Mother’s right to due process when it determined Mother's pending criminal charges, not yet heard in the Court of Common Pleas, was an appropriate factor to satisfy the factors under 23 Pa.C.S.[A.] § 2511(a) et[] seq.?

Mother’s Brief at 5-6 (suggested answers omitted).

Mother’s claims are interrelated, so we will address them together. Our

standard of review is as follows:

The standard of review in termination of parental rights cases requires appellate courts to accept the findings of fact and credibility determinations of the trial court if they are supported by the record. If the factual findings are supported, appellate courts review to determine if the trial court made an error of law or abused its discretion. A decision may be reversed for an abuse of discretion only upon demonstration of manifest unreasonableness, partiality, prejudice, bias, or ill-will. The trial court’s decision, however, should not be reversed merely because the record would support a different result. We have previously emphasized our deference to trial courts that often have first-hand observations of the parties spanning multiple hearings.

In re T.S.M., 71 A.3d 251, 267 (Pa. 2013) (citations and quotation marks

omitted).

-4- J-A16018-20

Section 2511 of the Adoption Act governs involuntary termination of

parental rights. See 23 Pa.C.S.A. § 2511. It requires a bifurcated analysis:

. . . . 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 Section 2511(a). Only if the court determines that the parent’s conduct warrants termination of his or her parental rights does the court engage in the second part of the analysis pursuant to Section 2511(b): determination of the needs and welfare of the child under the standard of best interests of the child. One major aspect of the needs and welfare analysis concerns the nature and status of the emotional bond between parent and child, with close attention paid to the effect on the child of permanently severing any such bond.

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

Related

In Re Adoption of M.E.P.
825 A.2d 1266 (Superior Court of Pennsylvania, 2003)
In Re BLW
863 A.2d 1141 (Supreme Court of Pennsylvania, 2004)
In Re Adoption of R.J.S.
901 A.2d 502 (Superior Court of Pennsylvania, 2006)
In Re Adoption of A.C.H.
803 A.2d 224 (Superior Court of Pennsylvania, 2002)
In Re: Adoption of C.D.R., Appeal of: R.R.
111 A.3d 1212 (Superior Court of Pennsylvania, 2015)
In the Interest of A.L.D.
797 A.2d 326 (Superior Court of Pennsylvania, 2002)
In re B.L.W.
843 A.2d 380 (Superior Court of Pennsylvania, 2004)
In re L.M.
923 A.2d 505 (Superior Court of Pennsylvania, 2007)
In re N.A.M.
33 A.3d 95 (Superior Court of Pennsylvania, 2011)
In re T.S.M.
71 A.3d 251 (Supreme Court of Pennsylvania, 2013)
In the Interest of A.D.
93 A.3d 888 (Superior Court of Pennsylvania, 2014)
In re E.M.
620 A.2d 481 (Supreme Court of Pennsylvania, 1993)
In re Adoption of J.N.M.
177 A.3d 937 (Superior Court of Pennsylvania, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
In Re: Z.R., Appeal of: A.R., Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-zr-appeal-of-ar-pasuperct-2020.