In the Int. of: A.R., Appeal of: M.B.

CourtSuperior Court of Pennsylvania
DecidedJuly 14, 2025
Docket744 EDA 2025
StatusUnpublished

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

Opinion

J-S23028-25

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN THE INTEREST OF: A.R., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: M.B., MOTHER : : : : : No. 744 EDA 2025

Appeal from the Order Entered March 4, 2025 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-DP-0000540-2021

IN THE INTEREST OF: A.D.R., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: M.B., MOTHER : : : : : No. 745 EDA 2025

Appeal from the Decree Entered March 4, 2025 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-AP-0000227-2024

IN THE INTEREST OF: N.B., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: M.B., MOTHER : : : : : No. 746 EDA 2025

Appeal from the Order Entered March 4, 2025 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-DP-0000564-2022

IN THE INTEREST OF: N.H.B., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA J-S23028-25

: : APPEAL OF: M.B., MOTHER : : : : : No. 747 EDA 2025

Appeal from the Decree Entered March 4, 2025 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-AP-0000228-2024

BEFORE: STABILE, J., MURRAY, J., and SULLIVAN, J.

MEMORANDUM BY MURRAY, J.: FILED JULY 14, 2025

M.B. (Mother) appeals from the decrees granting petitions filed by the

Philadelphia Department of Human Services (DHS) and involuntarily

terminating Mother’s parental rights to A.R. and N.B., daughters born in

October 2019 and May 2022, respectively (collectively, Children); 1 and the

orders changing Children’s permanency goals from reunification to adoption.

After careful review, we affirm the decrees and orders.

The family came to DHS’s attention in 2019 following a report that

Mother used illicit drugs during her pregnancy with A.R. N.T., 3/4/25, at 35.

At birth, A.R. suffered symptoms of drug withdrawal. Id. at 36. In 2021,

DHS received a report alleging that law enforcement discovered Mother

____________________________________________

1 The juvenile court also involuntarily terminated the parental rights of 1) D.R.,

A.R.’s biological father; 2) W.R., N.B.’s biological father; and 3) any unknown putative fathers. None are parties to the instant appeal.

-2- J-S23028-25

“passed out” in a stairwell next to A.R., leaving A.R. unattended in a nearby

stroller. Id. at 8.

Following a shelter care hearing on July 23, 2021, the juvenile court

transferred legal custody of A.R. to DHS, directed that A.R. be placed in foster

care, and permitted Mother weekly visitation supervised by the Community

Umbrella Agency (CUA). On August 20, 2021, the juvenile court adjudicated

A.R. dependent, returned physical custody of A.R. to Mother, and placed

Mother under court supervision. The juvenile court additionally directed

Mother to provide CUA with documentation and drug screens from Interim

House,2 and referred Mother for parenting classes, domestic violence

counseling, and housing and employment assistance.

Mother failed to make progress toward her parenting goals, and, on

March 28, 2022, the juvenile court returned physical custody of A.R. to DHS.

The juvenile court referred Mother to the Clinical Evaluation Unit (CEU) for a

dual diagnosis mental health/drug and alcohol assessment. The juvenile court

further directed Mother to submit to drug tests at CEU and to participate in

domestic violence counseling.

In 2022, following N.B.’s birth, DHS learned that (1) Mother was

homeless; (2) Mother tested positive for opioids and benzodiazepines

2 Interim House is a Philadelphia-based nonprofit agency that provides services to women with substance abuse and mental health issues. See INTERIM HOUSE, https://interimhouse.phmc.org (last visited June 18, 2025).

-3- J-S23028-25

following N.B.’s delivery; and (3) N.B. suffered symptoms of drug withdrawal

after birth. DHS obtained an order of protective custody of N.B. on June 14,

2022. On September 9, 2022, the juvenile court adjudicated N.B. dependent,

and transferred legal and physical custody of N.B. to DHS. 3 The juvenile court

referred Mother to CEU for drug screening and monitoring, and the Achieving

Reunification Center (ARC) for appropriate services. The juvenile court

permitted Mother supervised visits with N.B.

The juvenile court held numerous permanency review hearings, and

consistently found Mother had made either moderate or minimal progress

toward alleviating the circumstances necessitating Children’s placement. On

June 27, 2024, DHS contemporaneously filed substantially similar petitions to

involuntarily terminate Mother’s parental rights (TPR petitions) to Children,

pursuant to 23 Pa.C.S.A. § 2511(a)(1), (2), (5), (8), and (b); and petitions to

change Children’s permanency goals from reunification to adoption. In its TPR

petitions, DHS alleged that Mother “is not a viable permanency option for

[Children], as [Mother] has failed to fully alleviate the circumstances which

led to [C]hildren’s placement.” TPR Petitions, 6/27/24, Exhibit A (Statement

of Facts), ¶ ccc.

Following several continuances, the matter proceeded to a contested

goal change/TPR hearing on March 4, 2025. Mother appeared, represented

3 N.B. has never resided with Mother. N.T., 3/4/25, at 24.

-4- J-S23028-25

by counsel. Children did not appear. Harry Levin, Esquire, served as

Children’s guardian ad litem (GAL), and Claire Leotta, Esquire, acted as

Children’s legal counsel (legal counsel). DHS presented the testimony of, inter

alia, CUA case manager Ashley Wolfe (Ms. Wolfe). Mother testified on her

own behalf.

Ms. Wolfe testified that she was assigned to work with the family in

2021. N.T., 3/4/25, at 7-8. Ms. Wolfe explained that Mother was given the

following single case plan (SCP) objectives at the outset of the case: (1) attend

regular visits with Children; (2) participate in mental health/drug and alcohol

treatment; (3) attend parenting classes; (4) submit to drug screens; (5)

participate in domestic violence counseling; and (6) participate in employment

and housing workshops. Id. at 9. Ms. Wolfe opined that, throughout the life

of the case, Mother’s compliance with her SCP objectives was “[m]inimal.”

Id. at 22.

Ms. Wolfe testified that Mother was directed to complete parenting,

housing and employment programs through ARC, but failed to do so until after

DHS filed its goal change/TPR petitions. Id. at 9. According to Ms. Wolfe,

Mother did not complete domestic violence counseling, and did not provide

DHS with documentation concerning her employment or housing status. Id.

at 10-11.

Ms. Wolfe testified that Mother told CUA that she was renting a room

from her boyfriend’s family, and permitted CUA to conduct a home

-5- J-S23028-25

assessment. Id. at 10-11. Ms. Wolfe explained that CUA advised Mother that

the home was unsuitable for Children based on “structural issues” and

extensive clutter, and explained to Mother what documentation she would

need to provide to establish that the home was “a long-term resource” for

Mother and Children. Id. at 11; see also id. at 41 (Ms. Wolfe testifying that

the home had a “hole” in an unspecified location). Ms. Wolfe testified that

Mother did not provide the requested documentation or permit a second home

assessment. Id. at 11, 41.

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