In Re: Z.R.B., Appeal of: M.H.-B.

Superior Court of Pennsylvania·Decided June 24, 2021·No. 111 WDA 2021·Unpublished

Opinion

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

IN RE: Z.R.B., A MINOR : IN THE SUPERIOR COURT OF : PENNSYLVANIA :

APPEAL OF: M.H.-B., MOTHER :

: : : : : No. 111 WDA 2021

Appeal from the Order Entered December 22, 2020 In the Court of Common Pleas of Allegheny County Orphans’ Court at No(s): CP-02-AP-0000145-2019

IN RE: M.B., A MINOR : IN THE SUPERIOR COURT OF : PENNSYLVANIA :

APPEAL OF: M.H.-B., MOTHER :

: : : : : No. 112 WDA 2021

Appeal from the Order Dated December 22, 2020 In the Court of Common Pleas of Allegheny County Orphans’ Court at No(s): CP-02-AP-146-2019

IN RE: D.B., A MINOR : IN THE SUPERIOR COURT OF : PENNSYLVANIA :

APPEAL OF M.H.-B., MOTHER :

: : : : : No. 113 WDA 2021

Appeal from the Order Entered December 22, 2020 In the Court of Common Pleas of Allegheny County Orphans’ Court at No(s): CP-02-AP-147-2019

IN RE: J.B., A MINOR : IN THE SUPERIOR COURT OF : PENNSYLVANIA :

APPEAL OF M.H.-B., MOTHER :

: : : : : No. 114 WDA 2021

Appeal from the Order Entered December 22, 2020 In the Court of Common Pleas of Allegheny County Orphans’ Court at No(s): CP-02-AP-000148-2019

BEFORE: LAZARUS, J., MURRAY, J., and COLINS, J.*

MEMORANDUM BY MURRAY, J: FILED: JUNE 24, 2021

M.H.-B. (Mother) appeals from the orders involuntarily terminating her

parental rights to her daughters, Z.R.B., born January 2013, and M.B., born

July 2015; and sons, D.B., born September 2016, and J.B., born December

2017 (collectively, the Children).1 After careful review, we affirm.

In its memorandum accompanying the orders, the orphans’ court set

forth findings of fact, which the record supports, and which we adopt in this

decision. Orphans’ Court Opinion, 12/22/20, at ¶¶ 1–57.

By way of background, Allegheny County Office of Children, Youth, and

Families (CYF) first became involved with this family in 2014, due to two-year-

* Retired Senior Judge assigned to the Superior Court.

1 In the same orders, the orphans’ court involuntary terminated the parental

rights of the Children’s father, B.B. (Father), who has not appealed.

old Z.R.B. failing to thrive, and her parents failing to take her to medical

appointments. Orphans’ Court Finding of Fact, 12/22/20, at ¶ 4. Mother and

Father also had unstable housing. Id. at ¶¶ 5-6. CYF provided services to

the family to address these problems. Id. at ¶ 6. Nevertheless, between April

of 2015 and October of 2017, CYF received multiple referrals alleging Mother

and Father had inappropriate housing. Id. at ¶ 10.

In October of 2017, CYF received a referral that two-year-old M.B. and

thirteen-month-old D.B. were failing to thrive and had “significantly low body

weight.” Id. at ¶ 11. In addition, their parents failed to take them to their

medical appointments. Id.

Thereafter, CYF received a report that on December 23, 2017, Mother

took then fifteen-month-old D.B. to the emergency room at Children’s Hospital

of Pittsburgh, where he was diagnosed with a displaced fracture of his right

femur. D.B. underwent surgery to repair his femur on December 24, 2017.

Id. at ¶¶ 12-13; N.T., 2/7/20, at 53. The orphans’ court found as follows

regarding D.B.’s injury:

15. Due to the serious nature of the injury, an expert in child abuse, Dr. Jennifer Wolford, was contacted by the hospital for consultation.

16. Dr. Wolford not only reviewed the medical records as to D.B., but [she] also reviewed the history that was provided to various medical personnel by [M]other.

17. [M]other provided multiple explanations as to the nature of the injury. To some medical personnel, [M]other stated that D.B. fell down steps; thereafter, [D.B.] was able to walk, but upon

waking the next morning, he was lying in his crib, fussy, and unable to move his leg.

18. Mother also reported to medical personnel that at the time of the injury, D.B was being watched by [F]ather, and it was a sibling [who] reported that D.B. fell down steps, and thereafter was unable to walk.

19. Dr. Wolford, in her expert medical opinion, opined that D.B. could not have sustained a broken femur from falling down steps, especially since he presented no other injuries that would be expected, such as scrapes or bruises. . . .

20. She further opined, in her expert opinion, that such an injury was not possible[, and] that in her 10 years of practice, she had never seen such trauma caused by a fall down steps.[2]

21. Further, she stated that [after sustaining such an injury], [D.B.] would not be able to walk, and would have been in excruciating pain, such that he would have been laying on the floor crying uncontrollably.

22. Dr. Wolford stated in her opinion that the injuries suffered by D.B. could only be caused by serious trauma such as would be seen in a high-speed automobile accident.[3]

23. Given the multiple explanations provided by Mother, none of which are deemed to be adequate. . . ., Dr. Wolford believed that there were serious concerns [regarding child abuse]. . . .

2 Dr. Wolford stated, “In my ten years as a pediatrician, I have not evaluated

a complete displaced transverse fracture as a result of a household stair fall. It is far more likely that another event caused this fracture. Again, this raises grave concerns for physical child abuse.” N.T., 2/7/20, at 46.

3 Dr. Wolford described D.B.’s injury as “a very high impact fracture. It is a complete fracture. It’s a complete break. It’s in the middle of the leg. This is a high force injury.” N.T., 2/7/20, at 42. She explained, “The femur is one of the strongest bones in the body.” Id. at 49. Dr. Wolford offered an example of the force necessary to break the femur. She testified, “this is the type of injury we would see in a high[-]speed car accident where someone straightens the leg in order to slam a brake.” Id. at 47.

...

25. This [c]ourt accepts as credible the opinions of Dr. Wolford. Further, this [c]ourt agrees that if the injuries sustained by D.B. occurred on December 23, 2017, th[en] medical treatment should have been sought immediately.[4] As such, if [true,] as related by [M]other, that the injuries occurred [a] day[] earlier, it would show extreme medical neglect as to the injuries sustained by D.B.[5]

26. This [c]ourt finds . . . [M]other and [F]ather have failed to provide any plausible explanation as to the injuries sustained by D.B.

27. This [c]ourt finds not only that the injuries sustained by D.B., if left unaddressed as [M]other stated in one of her stories, showed extreme neglect, but, based on the multiple explanations provided [by Mother,] shows to this [c]ourt that the injury occurred to D.B. through some other severe trauma that has yet to be fully disclosed.

Orphans’ Court Opinion, 12/22/20, at ¶¶ 15-27 (emphasis added).

4 Dr. Wolford testified that Mother reported, “At 5 a.m. on December 23 [M]other found the child in bed crying and he would not move his right leg. . . . At 7 p.m., 13 hours later, she had arrived home and [D.B.] was still fussy. So she brought him into the emergency room. . . . [T]here is a concern for the delay of seeking care for this child who la[y] in pain for the better part of a full day before getting [medical] care.” N.T., 2/7/20, at 43-44.

5 Dr. Wolford testified that Mother reported “on December 22, this 15-month[-

]old tried to follow his four-year-old sister up the stairs. And then he fell down a few of the stairs. [M]other was in the other room and did not see the event. The child cried and then was able to walk after. And he continued to play. So she did not seek medical care.” N.T., 2/7/20, at 42-43. Dr. Wolford further testified, “After this injury occurred, this child did not walk. His leg is broken in half. And the lack of any history by any reasonable adult that there was an injury and then he cried and didn’t walk, the absence of that is a large part of my assessment that this is gravely concerning for physical abuse.” Id. at 50.

On December 24, 2017, the juvenile court placed Z.R.B., M.B., and D.B.

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In Re: Z.R.B., Appeal of: M.H.-B., (Pa. Ct. App. 2021).

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