In the Int. of: B.G.-H., Appeal of: J.H.

CourtSuperior Court of Pennsylvania
DecidedMarch 3, 2025
Docket2624 EDA 2024
StatusUnpublished

This text of In the Int. of: B.G.-H., Appeal of: J.H. (In the Int. of: B.G.-H., Appeal of: J.H.) 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: B.G.-H., Appeal of: J.H., (Pa. Ct. App. 2025).

Opinion

J-S05030-25

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN THE INTEREST OF: B.G.-H., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: J.H., FATHER : : : : : No. 2624 EDA 2024

Appeal from the Order Entered September 4, 2024 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-DP-0001586-2019

IN THE INTEREST OF: B.D.G.-H., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: J.H., FATHER : : : : : No. 2625 EDA 2024

Appeal from the Decree Entered September 4, 2024 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-AP-0000141-2022

BEFORE: BOWES, J., MURRAY, J., and STEVENS, P.J.E.*

MEMORANDUM BY MURRAY, J.: FILED MARCH 3, 2025

J.H. (Father) appeals from the decree granting the petition filed by the

Philadelphia Department of Human Services (DHS) and involuntarily

terminating Father’s parental rights to B.G.-H. (a daughter born in September

2019) (Child); and the order changing Child’s permanency goal from

____________________________________________

* Former Justice specially assigned to the Superior Court. J-S05030-25

reunification to adoption.1 After careful review, we affirm the decree and

order.

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

report alleging that Mother and Child tested positive for PCP after Child’s birth.

N.T., 9/4/24, at 7. Upon investigation, detailed infra, DHS determined that

neither Mother nor Father were able to provide appropriate care for Child. 2

On October 7, 2019, DHS obtained an order of protective custody, and Child

was temporarily committed to DHS. Id. at 8; Order of Protective Custody,

10/7/19.

On October 24, 2019, the trial court3 adjudicated Child dependent, and

ordered that Child be placed in foster care. The trial court directed Father to

1) report to the Clinical Evaluation Unit for a dual mental health/drug and

alcohol diagnosis assessment; 2) submit to random drug screens; 3) attend

parenting classes; and 4) provide proof of employment. The trial court

permitted Father supervised visits with Child.

The trial court held permanency review hearings in January, July, and

December 2020; March, July, September, and December 2021; April, July,

1The trial court also involuntarily terminated the parental rights of Child’s mother, A.G. (Mother). Mother is not a party to the instant appeal.

2 Father was not residing with Mother and Child at the time. See N.T., 9/4/24, at 9, 12.

3 The Honorable Deborah L. Canty presided over Child’s dependency and termination proceedings.

-2- J-S05030-25

and October 2022; and January and April 2023. The trial court consistently

found that DHS made reasonable efforts to finalize Child’s permanency plan;

however, Father largely made minimal to moderate progress towards

alleviating the circumstances necessitating Child’s placement.

On March 2, 2022, DHS contemporaneously filed a petition to

involuntarily terminate Father’s parental rights (TPR petition) to Child,

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

to change Child’s permanency goal from reunification to adoption. In its TPR

petition, DHS alleged that Father “is not a viable permanency option … as he

has failed to achieve his [court-ordered] objectives or follow [c]ourt orders.

[Father] has not consistently … visited [Child] throughout her time in

placement.” TPR Petition, 3/2/22, at 25.

On July 13, 2022, the trial court held the TPR hearing in abeyance “for

further investigation of [the] appropriate [g]oal.” Continuance Order,

7/13/22.4 At the permanency review hearings following the trial court’s July

13, 2022, continuance order, the court consistently found that Father failed to

attend Child’s medical appointments5 or obtain appropriate housing for Child.

4 The continuance order and certified record do not reflect whether the TPR

hearing was held in abeyance at the request of a party or at the trial court’s own initiative.

5 At the TPR hearing, DHS social worker Samia Lyons (Ms. Lyons) testified that Child suffers from severe gastrointestinal issues that require Child to adhere to a strict diet. See N.T., 9/4/24, at 18 (Ms. Lyons testifying that (Footnote Continued Next Page)

-3- J-S05030-25

On July 6, 2023, DHS contemporaneously filed an amended TPR petition

based on the same subsections of Section 2511(a) described above, and an

amended petition to change Child’s permanency goal from reunification to

adoption. In its amended TPR petition, DHS included the additional allegation

that Father “has not allowed [the Community Umbrella Agency (CUA)] to

conduct a home assessment [of Father’s residence].” Amended TPR Petition,

7/6/23, at 26 (unpaginated).

Following numerous continuances, the matter proceeded to a TPR

hearing on September 4, 2024. Father appeared, represented by counsel.

Child did not appear, but was represented by a guardian ad litem (GAL), who

indicated there was no conflict between Child’s best and legal interests. See

N.T., 9/4/24, at 119-20; see also Interest of H.H.N., 296 A.3d 1258, 1264

(Pa. Super. 2023) (“[W]here there is no conflict between a child’s legal and

best interests, an attorney-guardian ad litem representing the child’s best

interests can also represent the child’s legal interests.”). DHS presented the

testimony of DHS social work service manager Devin Rogoshewski (Mr.

Rogoshewski); Ms. Lyons; and CUA case manager Brieyanna Wilson (Ms.

Wilson). Father testified on his own behalf.

Mr. Rogoshewski testified that, in 2019, he worked as a DHS

investigator. Id. at 6. Mr. Rogoshewski explained that in September 2019,

Child’s failure to adhere to her diet results in “very intens[]e pain”). Ms. Lyons further testified that Child has been diagnosed with autism. Id. at 49-50.

-4- J-S05030-25

he received a report indicating that, following Child’s birth, Mother tested

positive for marijuana and PCP; Child tested positive for PCP. Id. at 7. Mr.

Rogoshewski testified that he spoke with Father concerning the allegation, and

Father “downplay[ed Mother’s] substance [abuse].” Id. at 9. Mr.

Rogoshewski explained that though Father indicated that he was “ready,

willing, and able” to care for Child, DHS was concerned about Father’s ability

to parent Child due to Father’s work schedule and housing situation. See id.

(Mr. Rogoshewski testifying that Father’s mother (paternal grandmother),

with whom Father resided, asked Mr. Rogoshewski, “Who’s going to care for

[C]hild?”).

Ms. Lyons testified that she had worked with the family as their DHS

social worker for two years, until her assignment concluded on July 24, 2024.

Id. at 14. Ms. Lyons explained that, during her supervision of the family,

Father’s primary goals included attending Child’s medical appointments,

bringing appropriate foods for Child during visits, and allowing CUA to conduct

a new home assessment.6 Id. at 33.

Ms. Lyons testified that while Father’s initial, supervised visits with Child

were consistent and appropriate, when Father was permitted unsupervised

6 Significantly, Father’s residence had a room that, according to Ms. Lyons, needed “clearing out … to add adequate space for [Child].” N.T., 9/4/24, at 33.

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