In the Int. of: A.C.F., Appeal of: M.F.

CourtSuperior Court of Pennsylvania
DecidedMay 16, 2025
Docket20 EDA 2025
StatusUnpublished

This text of In the Int. of: A.C.F., Appeal of: M.F. (In the Int. of: A.C.F., Appeal of: M.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 the Int. of: A.C.F., Appeal of: M.F., (Pa. Ct. App. 2025).

Opinion

J-S09040-25

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN THE INTEREST OF: A.C.F., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: M.F., MOTHER : : : : : No. 20 EDA 2025

Appeal from the Decree Entered December 4, 2024 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-AP-0000337-2024

BEFORE: LAZARUS, P.J., BECK, J., and STEVENS, P.J.E.*

MEMORANDUM BY STEVENS, P.J.E.: FILED MAY 16, 2025

M.F. (“Mother”) appeals the December 4, 2024, decree that involuntarily

terminated her parental rights to her son, A.C.F., born in April 2011 (“Child”). 1

Mother’s court-appointed counsel, Lisa Visco, Esquire (“Counsel”), has filed a

petition to withdraw and accompanying brief, pursuant to Anders v.

California, 386 U.S. 738 (1967), and Commonwealth v. Santiago, 602 Pa.

159, 978 A.2d 349 (2009). Upon careful review, we grant Counsel’s petition

to withdraw and affirm the termination decree.

____________________________________________

* Former Justice specially assigned to the Superior Court.

1 By separate decree entered the same date, the court also terminated the parental rights of Child’s biological father, C.M. (“Father”). Father filed a notice of appeal, which is disposed of by a separate panel of this Court at 41 EDA 2025. J-S09040-25

We summarize the following relevant facts and procedural history, which

we glean from the certified record. On February 26, 2023, the Philadelphia

Department of Human Services (“DHS”) received a general protective services

(“GPS”) report which alleged that Mother was hospitalized due to a drug

overdose. See N.T. (Goal Change Hearing), 12/4/24, at 8. Child witnessed

Mother overdose and called 911 on her behalf. See id. While hospitalized,

Mother tested positive for phencyclidine (“PCP”), benzodiazepines, and

opiates.

On June 16, 2023, Child was adjudicated dependent but continued to

reside with Mother pursuant to a safety plan. Thereafter, in July 2023, Mother

tested positive for opiates twice and the court consequently removed Child

from Mother and transferred him to the custody of DHS. See id. at 8. Initially,

Child was placed with a kinship resource. See id. at 8-9. In approximately

December 2023, DHS transferred Child to a pre-adoptive home in the care of

R.S. (“Foster Mother”) where he remained at the time of the termination

hearing. See id.

The court established Child’s initial permanency goal as reunification. In

furtherance of reunification, Mother was ordered to, inter alia: (1) address her

substance abuse issues; (2) engage in mental health treatment; (3) permit

Community Umbrella Agency (“CUA”) to perform a home assessment; (4)

attend visitation with Child; (5) sign all consents and releases; and (6)

-2- J-S09040-25

successfully complete parenting and domestic violence courses through the

Achieving Reunification Center (“ARC”).

The trial court held regular permanency review hearings between July

2023 and September 2024. Initially, Mother appropriately engaged with her

permanency objectives. See DHS Exhibit 4, Dependency Docket. In October

2023, the court determined Mother was substantially compliant with her

permanency plan and increased her supervised visitations from once a week

at CUA to twice a week in the community, with an additional unsupervised

visit on Fridays. See N.T., 12/4/24, at 11. In February 2024, the trial court

rated Mother’s progress as minimal and reduced Mother’s visitation to twice a

week supervised at CUA after learning Father was visiting with Child during

Mother’s unsupervised time in violation of the dependency court’s order

providing that he only have contact with Child under third-party supervision. 2

See id. At this time, the court also ordered Mother to sign all outstanding

releases and consents to confirm her engagement in services. See DHS

Exhibit 4, Dependency Docket.

Following the reduction in her visitation privileges, Mother’s compliance

with her permanency objectives continued to deteriorate. She did not

consistently submit to drug screens, and when she did, she tested positive for

fentanyl and opiates. See N.T., 12/4/24, at 13. Ultimately, other than

2 Father had only been permitted supervised visitation at CUA’s office. See DHS Exhibit 4, Dependency Docket.

-3- J-S09040-25

completing ARC’s parenting course, Mother failed to address her substance

abuse issues, engage in mental health treatment, sign consents and releases,

or complete ARC’s domestic violence course. See id. at 13-16. Finally,

although CUA continued to offer Mother visitation through the September

2024 permanency review hearing, her last visit with Child occurred in May

2024. See id. at 11. Thus, she failed to participate in visitations with Child

for a period of four months immediately preceding the filing of the subject

termination petition by DHS.

On September 4, 2024, DHS filed a petition for the involuntary

termination of Mother’s parental rights to Child pursuant to 23 Pa.C.S.A.

§ 2511(a)(1), (2), (5), (8), and (b). Child’s guardian ad litem (“GAL”) from

his dependency case fulfilled the same role in the termination proceeding. In

compliance with Section 2313(a) of the Adoption Act, the court also appointed

Pierre Simonvil, Esquire, as legal interest counsel for Child. 3

3 In what appears to be a clerical error, we note that the court appointed Attorney Simonvil on Child’s dependency docket and not the adoption docket. Nonetheless, Attorney Simonvil represented Child through the termination proceedings. While we are mindful of the requirement that counsel be “appointed” for the purposes of 23 Pa.C.S.A. § 2313(a), we do not find that the absence of a formal order constitutes “structural error.” See generally In re Adoption of K.M.G., 663 Pa. 53, 79-82, 240 A.3d 1218, 1234-1236 (2020). Specifically, we are persuaded by the reasoning proffered by our Supreme Court in In re T.S., 648 Pa. 236, 253, 192 A.3d 1080, 1090 n.19 (2017)., wherein counsel served as both GAL and legal interest counsel in contested proceedings despite the absence of a formal order appointing counsel to those roles in the adoption docket. See id. In T.S., our Supreme Court declined to “elevate form over substance” in circumstances when it was (Footnote Continued Next Page)

-4- J-S09040-25

The trial court conducted an evidentiary hearing on December 4, 2024,

at which time Child was thirteen years old. DHS presented the testimony of

Shiera Williams, CUA case manager supervisor, and Angel Washington, CUA

case manager. Mother did not appear or testify at the hearing, but she was

represented by Counsel.

On the same day as the hearing, the trial court filed a decree that

involuntarily terminated Mother’s parental rights to Child pursuant to 23

Pa.C.S.A. § 2511(a)(1), (2), (5), (8), and (b). The court provided its rationale

for the decision at the conclusion of the hearing on the record in open court.

See N.T., 12/4/24, at 35-39.

On January 3, 2025, Counsel, on behalf of Mother, timely filed a notice

of appeal and a concise statement of errors complained of on appeal pursuant

to Pa.R.A.P. 1925(a)(2)(i) and (b). On February 3, 2025, the trial court filed

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

Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
Commonwealth v. D'Amato
856 A.2d 806 (Supreme Court of Pennsylvania, 2004)
In Re Adoption of J.M.
991 A.2d 321 (Superior Court of Pennsylvania, 2010)
Commonwealth v. Santiago
978 A.2d 349 (Supreme Court of Pennsylvania, 2009)
Adoption of: M.A.B., A Minor, Appeal of: Erie OCY
166 A.3d 434 (Superior Court of Pennsylvania, 2017)
Commonwealth v. Yorgey
188 A.3d 1190 (Superior Court of Pennsylvania, 2018)
In re B.L.W.
843 A.2d 380 (Superior Court of Pennsylvania, 2004)
Commonwealth v. Millisock
873 A.2d 748 (Superior Court of Pennsylvania, 2005)
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)
In re I.J.
972 A.2d 5 (Superior Court of Pennsylvania, 2009)
In re T.S.M.
71 A.3d 251 (Supreme Court of Pennsylvania, 2013)
Commonwealth v. Cartrette
83 A.3d 1030 (Superior Court of Pennsylvania, 2013)
In re Adoption of J.N.M.
177 A.3d 937 (Superior Court of Pennsylvania, 2018)
Adoption of: B.G.S., Appeal of: S.S.
2020 Pa. Super. 243 (Superior Court of Pennsylvania, 2020)

Cite This Page — Counsel Stack

Bluebook (online)
In the Int. of: A.C.F., Appeal of: M.F., Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-int-of-acf-appeal-of-mf-pasuperct-2025.