In the Int. of: A.D., Appeal of: A.D.

CourtSuperior Court of Pennsylvania
DecidedMay 3, 2024
Docket1074 EDA 2023
StatusUnpublished

This text of In the Int. of: A.D., Appeal of: A.D. (In the Int. of: A.D., Appeal of: A.D.) 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.D., Appeal of: A.D., (Pa. Ct. App. 2024).

Opinion

J-S40031-23

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN THE INTEREST OF: A.D., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: A.D., FATHER : : : : : No. 1074 EDA 2023

Appeal from the Order Entered March 22, 2023 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-DP-0003191-2017

IN THE INTEREST OF: A.J.D., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: A.D., FATHER : : : : : No. 1075 EDA 2023

Appeal from the Decree Entered March 22, 2023 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-AP-0000458-2020

IN THE INTEREST OF: A.D., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: A.D., FATHER : : : : : No. 1076 EDA 2023

Appeal from the Order Entered March 22, 2023 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-DP-0003192-2017 J-S40031-23

IN THE INTEREST OF: A.M.A.D., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: A.D., FATHER : : : : : No. 1077 EDA 2023

Appeal from the Decree Entered March 22, 2023 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-AP-0000457-2020

BEFORE: NICHOLS, J., SULLIVAN, J., and COLINS, J.

MEMORANDUM BY COLINS, J.: FILED MAY 3, 2024

Appellant, A.D. (“Father”), appeals from the March 22, 2023 decrees of

the trial court that terminated his parental rights to his children, A.J.D. and

A.M.A.D. (collectively, “Children”). Father also appeals from the March 22,

2023 trial court orders that changed the permanent placement goal for

Children to adoption. After careful review, we affirm.

By way of background, the Department of Human Services of the City

of Philadelphia (“DHS”) received its first report, a general protective service

report,1 on September 26, 2017, alleging that Father had engaged in domestic ____________________________________________

 Retired Senior Judge assigned to the Superior Court.

1 Pennsylvania law defines two types of reports received by county agencies.

A “general protective service report” is “[a] verbal or written statement to the county agency from someone alleging that a child is in need of general protective services[,]” with those services being designed to prevent the potential for harm to a child who “[i]s without proper parental care or control, subsistence, education as required by law, or other care or control necessary (Footnote Continued Next Page)

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violence, physical abuse, and inappropriate discipline in the Children’s

household. See N.T., 4/18/18, at 37-39. At that point in time, A.J.D. was

three years old and A.M.A.D. was one year old. In addition to the Children,

five maternal half-siblings resided in this household with Father and B.S.

(“Mother”). DHS validated the report through one of the Children’s half-

siblings, who indicated that she was fearful of Father because, inter alia, he

beat her with a cord and broom.2 See id., at 38-40.

Notwithstanding this report, evidence suggested that Father had moved

out of the same residence as Mother and the Children.3 See id., at 40 (DHS

investigator stating that she “was told that [Father] was not [living in the

home]”). Because of this apparent departure, DHS kept the Children in

Mother’s house and implemented Community Umbrella Agency (“CUA”)

____________________________________________

for his physical, mental, or emotional health, or morals.” 55 Pa. Code § 3490.223(i). In contrast, a “child protective report” is made by someone who has “reasonable cause to suspect that a child has been abused.” 55 Pa. Code § 3490.11(a).

2 Throughout the course of its investigation, DHS also learned that Mother had

once tried to obtain a Protection from Abuse (“PFA”) Act order against Father. See N.T., 4/18/18, at 42. Although she never expressly admitted that she had been abused, Mother implied that she was afraid of Father. See id., at 41. Other women, too, have initiated PFA proceedings against Father. See id., at 44. Father also has a prior conviction for involuntary manslaughter of a former paramour.

3 Father’s place of living remained unclear throughout sizable portions of the

proceedings, with Father’s attorney conveying to the court that he lived, at various points, in Johnstown, Pennsylvania, as well as Philadelphia.

-3- J-S40031-23

services in the family’s home. See id., at 41 (remarking that there was no

“imminent need to remove the children” at the time).

In October 2017, DHS received a second report, a child protective

report, primarily alleging that Father had punched one of the Children’s half-

siblings at some undefined point. See id., at 44-45. The half-sibling stated

that “she received a black eye from this [incident].” Id., at 46. Father denied

that he was physically abusive, see id., at 47 (Father also denying that he

was committing any domestic violence), but despite indicating that he was no

longer living with Mother, he did not provide an updated address. See id., at

49 (during the DHS investigation, Father was “just there, babysitting”).

Mother denied that there was any physical abuse occurring to any of her

children. See id., at 49. Eventually, after further investigation, DHS filed

dependency petitions for the Children. See id., at 48.

In December 2017, there was a third report directed to DHS alleging

domestic violence. See id., at 55. However, when several of the Children’s

half-siblings were interviewed by DHS, other than providing vague intimations

of improper conduct, they were unwilling to speak about their home life. See,

e.g., id., at 56 (one of the half-siblings demeanor described as “[v]ery

guarded”), 59 (another of the half-siblings stating that although she did not

want to speak to DHS, “she felt it was best if the kids were removed from the

home[]”).

Ultimately, on December 11, 2017, DHS obtained orders of protective

custody (“OPC”) for all seven children living with Mother due to domestic

-4- J-S40031-23

violence concerns. See id., at 59. Following a shelter care hearing, which

occurred several days after the issuance of the OPCs, the Children were

temporarily committed to DHS’s custody.4 See Shelter Care Order, 12/15/17,

at 1-2. At this juncture, Father and Mother’s visitation rights were also

suspended. See id., at 2.

In January 2018, DHS received a fourth report, alleging that Father had

burned one of the Children’s half-siblings, two years old at the time, in a bath

some four years prior. See N.T., 4/18/18, at 60, 67. In response, Father

admitted that he left this half-sibling unsupervised, which led to burns on that

individual’s foot. See id., at 64. However, Father also indicated that instead

of going to seek medical treatment, the family treated the half-siblings’

wounds themselves. See id., at 65.

On April 18, 2018, following a full hearing in which Mother and Father

were represented by counsel, the court adjudicated Children and their half-

siblings dependent and committed them to DHS’s custody. See Order of

Adjudication and Disposition, 4/18/18, at 1. Father was additionally referred

for a parenting capacity evaluation and domestic violence classes. See id., at

2. Father’s visitation rights were also suspended until he completed domestic

violence counseling. See id. It was at this point that Father obtained a single

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