In the Int. of: B.J.I., Appeal of: B.J.I.

• Court: Superior Court of Pennsylvania
• Decided: July 3, 2025
• Docket: 116 WDA 2025
• Status: Unpublished

Opinion

J-S18042-25

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN THE INTEREST OF: B.J.I., JR., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: B.J.I., SR., FATHER, : AND B.L.N.I., MOTHER : : : : No. 116 WDA 2025

Appeal from the Decree Entered January 2, 2025 In the Court of Common Pleas of Butler County Orphans' Court at No(s): 2023-00060A

IN THE INTEREST OF: P.A.I., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: B.J.I., SR., FATHER AND : B.L.N.I., MOTHER : : : : No. 117 WDA 2025

Appeal from the Decree Entered January 2, 2025 In the Court of Common Pleas of Butler County Orphans' Court at No(s): 2023-00061A

IN THE INTEREST OF: L.L.I., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: B.J.I., SR., FATHER : AND B.L.N.I., MOTHER : : : : No. 118 WDA 2025

Appeal from the Decree Entered January 2, 2025 In the Court of Common Pleas of Butler County Orphans' Court at No(s): 2023-00062A

IN THE INTEREST OF: B.G.I., A/K/A : IN THE SUPERIOR COURT OF N.I., A MINOR : PENNSYLVANIA J-S18042-25

: : APPEAL OF: B.J.I., SR., FATHER AND : B.L.N.I., MOTHER : : : : No. 119 WDA 2025

Appeal from the Decree Entered January 2, 2025 In the Court of Common Pleas of Butler County Orphans' Court at No(s): 2023-00063A

IN THE INTEREST OF: N.J.I., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: B.J.I., SR., FATHER AND : B.L.N.I., MOTHER : : : : No. 120 WDA 2025

Appeal from the Decree Entered January 2, 2025 In the Court of Common Pleas of Butler County Orphans' Court at No(s): 2023-00064A

BEFORE: DUBOW, J., NICHOLS, J., and STEVENS, P.J.E.*

MEMORANDUM BY STEVENS, P.J.E.: FILED: July 3, 2025

In these consolidated joint appeals, B.J.L., Sr. (“Father”) and B.L.N.I.

(“Mother”) (collectively, “Parents”), appeal from the January 2, 2025 decrees

granting the petitions filed by Appellee, the Butler County Children and Youth

Services (“CYS”), to involuntarily terminate Parents’ parental rights to their

five minor children, B.J.I., Jr. (born in March 2013), P.I. (born in February

____________________________________________

* Former Justice specially assigned to the Superior Court.

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2015), L.L.I. (born in July 2017), N.I.I. (born in July 2019), and N.J.I. (born

in March 2022) (collectively, “Children”), pursuant to 23 Pa.C.S.A.

§§ 2511(a)(1), (2), (5), (8), and (b). After careful review, we affirm.

The orphans’ court summarized the extensive factual findings and

procedural history of this case as follows:

On July 1, 2019, Mother gave birth in her home to N.I.I. The newborn was subsequently transferred to Magee Women's Hospital in Pittsburgh. On the following day, [CYS] received information the newborn tested positive for cocaine and methadone. [CYS] Caseworkers and two (2) Butler County Adult Probation Officers conducted a home inspection. They discovered there was no electricity serving the residence. Mother and Father admitted using cocaine three (3) days prior to Mother’s delivery of N.I.I. The Probation Officers also found various medications, a loaded gun, crushed up pills, and drug paraphernalia, all within reach of the Parties’ other children. Mother and Father were incarcerated in the Butler County Prison for violating the terms of their respective probations terms by possessing the loaded gun. The Detention Order issued on July 3, 2019, followed the same day by a Shelter Care hearing. Upon the recommendation by the Juvenile Court Hearing Officer, the Court directed the Children be detained to protect their health, safety, and welfare. Dependency petitions were also filed for the Child’s three (3) older siblings. The newborn, N.J.I., was hospitalized from July 1 through July 19, 2019, due to cocaine addiction.

The Adjudication hearing was scheduled on July 18, 2019, and, due to the unavailability of Mother’s court- appointed attorney, continued and rescheduled on July 24, 2019[], at which time an order was entered adjudicating the four (4) Children dependent. At this hearing, Mother and Father admitted using illegal drugs. The Children placed with their Paternal Aunt [] whose boyfriend, “Richard,” had a felony conviction from 20 years prior. Because of Richard’s criminal

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record, [CYS] was unable to obtain certification of Paternal Aunt’s home, as an appropriate placement option. However, the Children remained placed in her home because [CYS] believed it was in their best interests ….

Mother and Father remained incarcerated at the time of the Disposition hearing held on August 22, 2019. The Court entered an order maintaining the Children’s placement with the Paternal Aunt. The Disposition Order further directed Mother and Father to contact [CYS] immediately upon release from incarceration, to participate in any parenting programs available through the Butler County Prison, and to maintain contact with their children by sending cards and letters to [CYS’s] assigned caseworker, who would forward all correspondence to the four (4) children.

The initial Permanency Review Hearing (“PRH”) was scheduled on September 4, 2019, but continued by consent order, due to a conflict of interest involving Father’s court-appointed attorney. Upon motion by [CYS], the Court granted its request for an early PRH based upon certain safety concerns existing in Paternal Aunt’s home. This hearing was held before the Hearing Officer on October 9, 2019.

At the early PRH, Mother was no longer incarcerated. Father remained in the Butler County Prison. The Court determined, upon recommendation by the Hearing Officer, that both Parents were minimally complying with the Children’s Permanency Plans (“CPP”); Mother’s progress toward alleviating the circumstance necessitating the original placement was minimal, since released from incarceration, and Father made no progress. The placement goal was reunification of the Children with a parent or guardian with adoption as the concurrent plan.

A PRH was held before the Hearing Officer approximately a month later on November 14, 2019. Despite being incarcerated, Father demonstrated moderate compliance with the provisions under the Permanency Plan. However, he was not making

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progress toward relieving the dependency circumstances, although Father completed a drug and alcohol evaluation recommending inpatient treatment. Mother was progressing toward certain goals. She consistently tested negative for illegal substances, obtained employment, obtained housing in an addiction rehabilitation home, and attended appropriate treatment. Therapeutic visitations with Mother were recommended, due to the Children’s behavioral concerns. The permanency goal remained reunification with Mother and Father.

At the PRH held February 6, 2020, the Hearing Officer determined both parents were substantially complying with the CPP’s. Father was no longer incarcerated. Mother and Father obtained housing under a one (1) year lease. They consistently attended therapeutic visitation with the Children. However, neither parent was involved with mental health services. Mother’s progress remained moderate. She cooperated with drug screening, which revealed her ongoing use of marijuana. Mother successfully completed intensive outpatient treatment at the Gaiser Center and transferred to the facility’s stepped-down outpatient program. However, Mother’s attendance in outpatient was poor. On January 23, 2020, she tested positive for amphetamines, no longer worked, and was not receiving mental health services.

Father was achieving moderate progress toward attaining the goals outlined by [CYS]. He attended inpatient drug and alcohol treatment at Conewago Indiana, and underwent a drug and alcohol evaluation at the Gaiser Center, which recommended intensive outpatient treatment. Due to scheduling issues, Father [] decided to participate in intensive outpatient treatment at Butler Memorial. However, Father tested positive for THC and amphetamines on two (2) occasions. The Children’s continued placement with the Paternal Aunt was found to be in their best interests.

The next PRH scheduled on April 30, 2020 was continued to July 23, 2020, due to circumstances

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surrounding the COVID pandemic. Upon the Hearing Officer’s recommendation, the Court maintained Children’s placement with Paternal Aunt. Mother and Father were making minimal progress toward alleviating the circumstance which necessitated the original placement. They were inconsistent participating with the services being offered, including drug screening. Of the 45 scheduled drug screens for Mother and Father from January 2, 2020 to July 16, 2020, both Parents tested negative only four (4) times in January of 2020. They had positive results for using THC and other substances on ten (10) occasions. Mother and Father failed to appear for drug screening on 27 occasions, during this roughly six-and one-half- month period.

On April 25, 2020, the Butler City Police and emergency medical personnel responded to the home of Mother and Father for a reported drug overdose. Upon arrival, the EMS personnel found Mother lying unresponsive inside the doorway of the home. She was successfully administered a dose of Naloxone and Mother became responsive. In early July 2020, Mother and Father were facing new criminal charges arising from separate incidents involving trespassing and theft at Walmart. Therapeutic visitation with the Children occurred at Family Pathways, but Mother and Father attended only 24 of 49 scheduled sessions from January 2 through July 16, 2020. During these visits, they were dismissive and argumentative with the Family Pathways therapists, such as using intimidating language toward the Children, including threats to remove food, shelter, and security. Mother and Father resisted improving their parenting style.

By Order dated October 14, 2020 upon the Hearing Officer’s Recommendation following another PRH, the Court continued placement of the Children. Mother and Father were discharged from therapeutic visitation services by Family Pathways on September 10, 2020, for numerous concerns regarding their tone of voice, angry and threatening demeanor, name- calling, and taking the Children away from the visitation supervisor to speak privately with them.

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Supervised visitation resumed September 22, 2020 with another provider, Justice Works. Additional findings at the PRH include Mother and Father failing to pay rent and utilities. Both Parents were involved with service providers, although they had inconsistent drug screens. Mother and Father obtained prescription medical marijuana cards and continued testing positive for THC. The criminal charges arising from the incidents in early July 2020 remained pending and Father continued to be on probation. Placement and physical custody of the Children remained with Paternal Aunt. Visitation was modified to in-home supervision twice a week for two (2) hours each session. Both Parents were moderately complying with the Permanency Plan and were making moderate progress toward alleviating the circumstances necessitating the original placement.

At the next PRH held December 3, 2020, the Hearing Officer issued detailed Supplemental Findings in support of the recommendation to return the Children to Mother and Father. The visitation provider, Justice Works, observed no safety concerns regarding the care Mother and Father were providing to their children and the Parents were making substantial progress, both toward alleviating the circumstances which necessitated the original placement and complying with [CYS’] Permanency Plan. Both Parents complied with drug and alcohol treatment and participated in mental health counseling. Their delinquent rent was nearly current. Mother obtained employment, while Father was receiving monthly Social Security Disability income. Over [CYS’] objection, the Hearing Officer’s Recommendation was adopted by Order of Court on December 3, 2020, directing the immediate return of the Children to Mother and Father. A PRH (Non-Placement) was scheduled on January 21, 2021.

At this PRH (Non-Placement), the Hearing Officer determined Mother was neither attending any drug and alcohol sessions at the Care Center nor participating in mental health counseling, since the Children were returned home. She missed many in-

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home drug screens, but tested negative for those screens she took. Father was discharged January 12, 2021 from drug and alcohol treatment because he was not attending. He was at risk of being discharged from mental health services, having only attended one (1) session. Mother and Father faced eviction from their home, due to non-payment of rent. They refused assistance from Justice Works to find suitable housing. The Hearing Officer’s Recommendation dated January 21, 2021, as adopted by Order issued February 4, 2021, states:

Although there are no current safety concerns in the home, there are numerous concerns regarding the Parents’ cooperating with services and the stability of their housing. In addition, there are concerns regarding the children’s behaviors and not attending school. Although the concerns do not justify removal of the children at this time, the matter will continue to remain open with the Court and [CYS] until such time as it can be determined that the parents have addressed the housing issue, have addressed their financial issues, have continued with drug and alcohol and mental health treatment, have been consistent with drug screens, have addressed the children’s behaviors, are getting the children to school on time every day, and are cooperative with [CYS] and Justice Works.

The next PRH (Non-Placement) scheduled March 3, 2021 was rescheduled to March 18, 2021.

On March 18, 2021, the Hearing Officer found Mother and Father were discharged from both drug and alcohol treatment and mental health counseling for failure to attend. Housing was a serious concern. A landlord-tenant civil proceeding was scheduled on April 7, 2021. There were difficulties with the school- aged children’s attendance. Despite these concerns, the Children remained in the home with Justice Works providing the services directed by [CYS].

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At the July 1, 2021 PRH, the Hearing Officer recommended terminating court supervision of the Children because Mother and Father obtained adequate housing, rent was current, and they consistently had negative drug screens. The Children’s school attendance was improving, as well.

In January 2022, the Agency received a report Mother and Father may be living with the Children at a local motel. There were also concerns about a possible physical alternation between Mother and Father. [CYS] Caseworker[] Amy McGill[] confirmed the family was living in a motel and searching for appropriate housing: Ms. McGill testified Children’s needs were being met, despite living in the motel, and Mother and Father were seeking housing support from the community. The youngest of the five (5) siblings was born March 10, 2022. A week later on March 17, 2022, there was a CPS report one (1) of the Children sustained an eye injury. Mother and Father reported the oldest Child fell off his bike. Upon investigation, [CYS] determined the CPS report unfounded.

Later in 2022, there was another CPS report concerning N.I. losing too much weight and another younger sibling, L.I., presenting at the local Head Start childcare facility with a Suboxone wrapper in her backpack. Mother and Father said N.I.’s stomach illness and vomiting were the cause of his weight loss. After investigating [CYS] concluded the Suboxone wrapper incident was valid, despite Mother and Father asserting they utilized a lockbox in their home for safekeeping medications.

On July 11, 2022, [CYS], again, became involved with the family when the Adams Township (Butler County) Police Department contacted [CYS] concerning [] three (3) of the Children left unattended in the residence. The Officers determined these children were left alone for approximately two (2) hours without any adult or appropriate caregiver present. Adams Township Officer Jose Ceron testified it took Mother and Father over one (1) hour for them to return home, after a child, B.I. called his parents to

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inform them the police were at the residence. However, when he was on the phone with Mother and Father, they told their son they were, “...turning on the street now.” Officer Ceron smelled marijuana within the home, along with finding suspected marijuana found within reach of the Children. The police took Father into custody, while [CYS] placed the Children with the Maternal Great-Grandmother[.] Mother and Father were charged with felony endangering the welfare of children. A search warrant was issued and, upon searching the vehicle after it arrived home, the police discovered several prescription bottles with one (1) bottle containing evidence of crack cocaine. The investigating officers also determined there was inadequate food in the home.

On the following day, an order detaining the Children was entered, due to these safety concerns, including, but not limited to the unavailability of Mother and Father. On July 13, 2022, [CYS] filed the Petition for Dependency and application for shelter care. Sufficient evidence was presented to establish a return of the Children to their home with Mother and Father was unsafe. [A h]earing on [CYS’s] Petition was scheduled on July 27, 2022. Prior to the hearing, [CYS] filed an Amended Dependency Petition, addressing additional concerns, such as the older Children’s poor school attendance and insufficient health care.

Prior to the July 11, 2022 incident involving the police, one (1) of the Children, N.I., was having breathing difficulties and weight gain issues. Mother and Father were advised to take him to Children’s Hospital of Pittsburgh, which they failed to do. The following day, N.I. was transported by ambulance and admitted to Children’s Hospital. Mother and Father later signed out the boy from the hospital against medical advice. The health issues involving N.I. later resolved. However, all of the Children missed various health care appointments. For example, the [CYS] assigned Caseworker attempted to have authorizations signed by Mother and Father to release dental care

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information. Mother informed the Caseworker there was no identified dental provider for the Children.

Mother and Father arrived approximately 20-25 minutes late to the Detention hearing held on July 27, 2022. Counsel for Mother and Father requested a full evidentiary hearing regarding the dependency allegations. Due to the Hearing Officer’s schedule, there was insufficient time to conduct a lengthy hearing, so it was rescheduled to August 12, 2022. However, some testimony was received on July 27, 2022, regarding [CYS’s] request to modify the Children’s placement. [CYS] alleged Mother, who was required to be supervised with the Children, was unsupervised, when she took the Children to a medical appointment. There were additional safety concerns how the Children and Mother were transported to the appointment. Placement of the Children was modified by removing them from Maternal Great-Grandmother’s care and placing the Children into foster care.

At the August 17, 2022, Adjudication hearing, the evidence established Father faced three (3) felony child endangering charges and five (5) misdemeanors arising from the July 11, 2022 incident. Soon thereafter, he was also charged for a somewhat related incident occurring on August 8, 2022, comprised of two (2) felonies and two (2) misdemeanors, where Father threatened a neighbor near the apartment rented by the Mother and Father. Mother was charged with two (2) felony endangering charges, three (3) misdemeanors, and a summary offense arising from the incident on July 11, 2022. Father was incarcerated in the Butler County Prison with bail set at $100,000.00. At the Disposition hearing held September 14, 2022, the continued placement of the Children was ordered with Mother entitled to supervised visitation twice a week, since she was not incarcerated. Father was granted visitation, contingent upon his release from jail. … On or about November 1, 2022, the Agency requested a placement change to allow all five (5) children to remain together in foster care.

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At the December 14, 2022 PRH, it was determined continued placement of the Children was in their best interests. Father remained incarcerated. On the other hand, Mother was making moderate progress toward alleviating the circumstances necessitating the original placement. She maintained a residence in the Adams Ridge development located in southern Butler County and was able to drive a suitable vehicle for transporting the Children. Mother was also working fulltime. An early PRH was scheduled for February 2, 2023.

....

At the March 8, 2023, PRH, the evidence supported continuing placement of the Children in Foster care. Father remained incarcerated. Mother was deemed to be substantially complying with the goals outlined by [CYS]. Another review hearing was scheduled on March 24, 2023.

The [CYS] Caseworker conducted a home visit on March 15, 2023 and was informed by one (1) of the Children that an individual known as “Uncle Miz” had “grabbed up on him.” At the time, Mother had unsupervised custody of the Children at Maternal Grandmother’s home every weekend. Mother claimed she does not allow anyone around the Children. Upon further inquiry, [CYS] discovered “Uncle Miz” … was under close surveillance by Federal Marshalls. On or about April 12, 2023, [CYS] petitioned for an early review hearing, due to concerns with some adult being around the Children, during Mother’s visitation.

At the early PRH held April 27, 2023, the evidence indicated Mother was exercising poor judgment with certain adults she allowed to be in contact with the Children. Mother was prohibited to have anyone be in her home when having overnight visitation of the Children, unless [CYS] gave approval after it conducted criminal background checks. The next PRH was scheduled on June 28, 2023.

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On June 7, 2023, one (1) of the Children requested that, “Terrance[] [Clowney] wouldn’t come around anymore.” [CYS] determined Federal Marshalls were also searching for Mr. Clowney because a warrant was issued for his arrest. Mr. Clowney frequented Mother’s residence on several occasions. He was apprehended to face drug-related charges.

Later in June 2023, the Butler County Drug Task Force arrested and charged Mother with felony drug charges involving fentanyl distribution, as well as a misdemeanor drug paraphernalia charge. Maternal Great-Grandmother, who previously served as kinship placement for the Children was present during some of Mother’s drug dealing. A search warrant of Mother’s cellphone further revealed Maternal Great- Grandmother was fully aware of Mother’s illegal drug activity. The search of Mother’s cellphone also revealed an incident of a third-party trying to buy a bundle of fentanyl from Mother on June 28, 2023. Mother[’s] text message reply stated, “give me a second I have my kids.”

At the PRH held July 19, 2023, Father remained incarcerated. Mother tested positive for cocaine and continued her association with known drug-related persons. Mother underwent ongoing drug screens twice per week and hair follicle testing. Mother’s court-appointed attorney requested a continuance of the October 11, 2023, PRH, because she had a previously scheduled vacation, but then fell ill with COVID-19. An Order granting the continuance request was entered and the PRH was re-rescheduled to October 26, 2023.

Father was still incarcerated at the time of the October 26, 2023[] PRH. Mother was minimally complying with the Children’s Permanency Plans. She was not communicating with [CYS] and also had outstanding criminal warrants. The Children remained placed in Foster care.

Orphans’ court opinion, 1/2/25 at 1-13 (some footnotes omitted).

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On October 25, 2023, CYS filed petitions to involuntarily terminate

Parents’ parental rights to the Children, pursuant to Sections §§ 2511(a)(1),

(2), (5), (8) and (b). Thereafter, on February 2, 2024, CYS filed a motion for

goal change from reunification to adoption. The orphans’ court conducted an

evidentiary hearing on the termination petitions on April 24, 25, and 26, 2024.

Parents were both incarcerated at the time of the termination proceedings but

were represented by counsel. The Children’s court-appointed guardian ad

litem, Susan B. Lope, Esq., was also present at the termination hearing.

As noted, on January 2, 2025, the orphans’ court entered decrees,

finding that CYS satisfied its burden of proving by clear and convincing

evidence that the termination of Parents’ parental rights to the Children was

warranted under Sections 2511(a)(1), (2), (5) and (8), and that termination

was in the best interest of the Children. Orphans’ court opinion, 1/2/25 at 33;

see also Decrees, 1/2/25 at 1. Parents filed timely notices of appeal on

January 29, 2025.1 Parents and the orphans’ court have complied with

Pa.R.A.P. 1925.

1 We note that although each notice of appeal states that Parents are appealing from the “Order” entered in each case, each notice of appeal actually appears to relate to two decrees that separately terminated Mother’s and Father’s parental rights to each child. The joint appeals filed by Father and Mother at Nos. 116 WDA 2025, 117 WDA 2025, 118 WDA 2025, 119 WDA 2025, and 120 WDA 2025 were consolidated by per curiam order of this Court on February 20, 2025.

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Parents raise the following issues for our review:

I. Did the [orphans’ court] commit an abuse of discretion in finding by clear and convincing evidence that both parents, who are married to each other, displayed conduct continuing for a period of at least six (6) months immediately preceding the filing of the Petition for Involuntary Termination of Parental Rights which evidenced a settled purpose of relinquishing their parental claim to the child when the testimony at trial was that when Father was permitted visits he attended them faithfully, attempted to send the children cards and letters, was involved in numerous groups to assist him in meeting the goals in the child’s permanency plans, the children were bonded to him and was set to be released from prison in June of 2024 and off supervised release by August 2025[?]

II. Did the [orphans’ court] commit an abuse of discretion in finding that there was clear and convincing evidence the natural parents could not or would not remedy the conditions that led to removal of the child within a reasonable period of time and that the services available are not likely to remedy the conditions which led to placement when the parents had actively engaged services when able and Father had addressed the issues that caused his incarceration and his release from incarceration was eminent[?]

III. Did the [orphans’ court] commit an abuse of discretion in failing to address the bond between the children and their parents and the impact of the termination of [P]arents’ rights on the children[?]

Parents’ brief at 7.

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In matters involving involuntary termination of parental rights, our

standard of review is as follows:

The standard of review in termination of parental rights cases requires appellate courts to accept the findings of fact and credibility determinations of the trial court if they are supported by the record. If the factual findings are supported, appellate courts review to determine if the trial court made an error of law or abused its discretion. [A] decision may be reversed for an abuse of discretion only upon demonstration of manifest unreasonableness, partiality, prejudice, bias, or ill-will. The trial court’s decision, however, should not be reversed merely because the record would support a different result. We have previously emphasized our deference to trial courts that often have first-hand observations of the parties spanning multiple hearings.

In re T.S.M., 71 A.3d 251, 267 (Pa. 2013) (citations and internal quotation

marks omitted).

The termination of parental rights is governed by Section 2511 of the

Adoption Act, 23 Pa.C.S.A. §§ 2101-2938, which requires a bifurcated analysis

of the grounds for termination followed by the needs and welfare of the child.

Our case law has made clear that under Section 2511, the court must engage in a bifurcated process prior to terminating parental rights. Initially, the focus is on the conduct of the parent. The party seeking termination must prove by clear and convincing evidence that the parent’s conduct satisfies the statutory grounds for termination delineated in Section 2511(a). Only if the court determines that the parent’s conduct warrants termination of his or her parental rights does the court engage in the second part of the analysis pursuant to Section 2511(b): determination of the needs and welfare of the child under the standard of best interests of the child. One major aspect of the needs and welfare analysis

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concerns the nature and status of the emotional bond between parent and child, with close attention paid to the effect on the child of permanently severing any such bond.

In re B.J.Z., 207 A.3d 914, 921 (Pa.Super. 2019) (citation omitted).

The burden is upon the petitioner to prove by clear and convincing

evidence that the asserted statutory grounds for seeking the termination of

parental rights are valid. In re R.N.J., 985 A.2d 273, 276 (Pa.Super. 2009).

This Court has defined “clear and convincing evidence” as that which is so

“clear, direct, weighty and convincing as to enable the trier of fact to come to

a clear conviction, without hesitance, of the truth of the precise facts in issue.”

In re C.S., 761 A.2d 1197, 1201 (Pa.Super. 2000) (en banc) (citation and

quotation marks omitted).

In this case, termination of Parents’ parental rights to the Children was

sought pursuant to Sections 2511(a)(1), (2), (5), (8) and (b), which provide

as follows:

§ 2511. Grounds for involuntary termination

(a) General rule.--The rights of a parent in regard to a child may be terminated after a petition filed on any of the following grounds:

(1) The parent by conduct continuing for a period of at least six months immediately preceding the filing of the petition either has evidenced a settled purpose of relinquishing parental claim to a child or has refused or failed to perform parental duties.

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(2) The repeated and continued incapacity, abuse, neglect or refusal of the parent has caused the child to be without essential parental care, control or subsistence necessary for his physical or mental well-being and the conditions and causes of the incapacity, abuse, neglect or refusal cannot or will not be remedied by the parent.

(5) The child has been removed from the care of the parent by the court or under a voluntary agreement with an agency for a period of at least six months, the conditions which led to the removal or placement of the child continue to exist, the parent cannot or will not remedy those conditions within a reasonable period of time, the services or assistance reasonably available to the parent are not likely to remedy the conditions which led to the removal or placement of the child within a reasonable period of time and termination of the parental rights would best serve the needs and welfare of the child.

(8) The child has been removed from the care of the parent by the court or under a voluntary agreement with an agency, 12 months or more have elapsed from the date of removal or placement, the conditions which led to the removal or placement of the child continue to exist and termination of parental

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rights would best serve the needs and welfare of the child.

(b) Other considerations.--The court in terminating the rights of a parent shall give primary consideration to the developmental, physical and emotional needs and welfare of the child. The rights of a parent shall not be terminated solely on the basis of environmental factors such as inadequate housing, furnishings, income, clothing and medical care if found to be beyond the control of the parent. With respect to any petition filed pursuant to subsection (a)(1), (6) or (8), the court shall not consider any efforts by the parent to remedy the conditions described therein which are first initiated subsequent to the giving of notice of the filing of the petition.

23 Pa.C.S.A. § 2511(a)(1), (2), (5), (8) and (b). This Court need only agree

with the orphans’ court’s determination as to any one subsection of Section

2511(a), in addition to Section 2511(b), in order to affirm termination. See

In re B.L.W., 843 A.2d 380, 384 (Pa.Super. 2004) (en banc).

Instantly, Parents contend that CYS failed to prove by clear and

convincing evidence that they demonstrated a settled purpose of relinquishing

their parental claim to the Children and has failed to perform their parental

duties for a period of at least six months prior to their filing of the termination

petition. Parents’ brief at 15-24. Parents further contend that that the

orphans’ court erred in its evaluation under Section 2511(b). Id. at 25-30.

An inquiry under subsection 2511(a)(1) focusses on the conduct of the

parent for at least a six-month period prior to the filing of the petition. “A

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court may terminate parental rights under subsection 2511(a)(1) when the

parent demonstrates a settled purpose to relinquish parental claim to a child

or fails to perform parental duties for at least six months prior to the filing of

the termination petition.” In re I.J., 972 A.2d 5, 10 (Pa.Super. 2009).

Though we do not adhere to any strict definition of parental duty, a child has a right to essential parental care, and our jurisprudence reveals certain irreducible qualities of a parent’s attendant obligation. Foremost, it is a positive duty requiring affirmative performance. [C]ommunication and association are essential to the performance of parental duty[.] [P]arental duty requires that a parent exert himself to take and maintain a place of importance in the child’s life. A parent must exercise reasonable firmness in resisting obstacles placed in the path of maintaining the parent-child relationship, or his rights may be forfeited. Parental rights are not preserved by waiting for a more suitable or convenient time to perform one’s parental responsibilities while others provide the child with his or her physical and emotional needs.

Adoption of C.M., 255 A.3d 343, 364 (Pa. 2021) (internal citations and

Likewise, under Section 2511(b), trial courts are required to “give

primary consideration to the developmental, physical and emotional needs

and welfare of the child.” 23 Pa.C.S.A. § 2511(b). The “emotional needs and

welfare” analysis under Section 2511(b) should include, in part, a child’s bond

with his or her parent. In doing so, trial courts must examine the effect on

the child of severing such a bond, and this includes “a determination of

whether the bond is necessary and beneficial to the child, i.e., whether

maintaining the bond serves the child’s developmental, physical, and

- 20 - J-S18042-25

emotional needs and welfare.” In the Interest of K.T., 296 A.3d 1085, 1113

(Pa. 2023).

Following a thorough review of the record, including the briefs of the

parties, the applicable law, and the well-reasoned January 2, 2025 opinion of

the orphans’ court, it is our determination that Parents’ claims warrant no

relief. The orphans’ court comprehensively discussed each of Parents’ claims

on appeal and concluded that they were without merit. We find that the

conclusions of the orphans’ court are supported by competent evidence and

are clearly free of legal error.

Specifically, we agree with the orphans’ court’s determination that CYS

established by clear and convincing evidence that the involuntary termination

of Mother’s and Father’s parental rights was warranted under Sections

2511(a)(1). See Orphans’ court opinion, 1/2/25 at 14-22, 24-26. We further

agree with the orphans’ court’s rationale that the termination of Parents’

parental rights would best serve the developmental, physical and emotional

needs and welfare of Children. See id. at 31-33. Contrary to Parents’ claim,

it is clear that the orphans’ court considered the bond the Children had with

Parents, noting that “[t]he Children’s need for safety, stability, and

permanency clearly outweigh any potential harm to the Children from the

severing their bond with Mother and Father.” Id. at 32.

Our standard of review requires us to accept the findings of fact and

credibility determinations of the orphans’ court where, as here, they are

- 21 - J-S18042-25

supported by the record. See In re T.S.M., 71 A.3d at 267. Based on the

foregoing, we find that the orphans’ court did not abuse its discretion in

granting CYS’s petition to involuntarily terminate Parents’ parental rights to

the Children. Accordingly, we adopt the comprehensive and well-reasoned

January 2, 2025 opinion of the Honorable William C. Robinson, Jr. as our own

for purposes of this appellate review.

Decrees affirmed.

DATE: 7/3/2025

- 22 - Circulated 06/20/2025 05:42 PM

IN THE COURT OF COMMON PLEAS OF BUTLER COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION DIVISION

IN RE: ADOPTION OF O.A. No.60 0.A. No.foO of 2023 BRANNON JAMAR IRVIN, Jr., DECa ;r 31 DEC •• i 2024a11.39 20 5 i 23 4,i1 tllri •k 7 4 Sri

ar •• •'{ V C Bli iL.Ci? 1: • 7._ l'{ aaMinor. •. REC'DK~i k & CC ~TL ERcowTYF

Robinson, Jr., Robinson, Jr., J. J. Date: December 30, 2024

FINDINGS of FINDINGS of FACT And and OPINION

Dependency Findings Dependency Findings

A A two two (2) (2) and one-half day day hearing hearing was held April April 24, 25, and 26, 2024 on the Petitions

Involuntary Termination of Parental Rights for Involuntary Rights (IVT) (VT) filed October 25, 2023 by the Butler County

Children and Youth Services ("Agency") against Brannon Jamar Irvin ("Father") and Brittany ("Agency") against

Irvin ("Mother"). Irvin Both Parents ("Mother"). Both Parents appeared and were appeared and were represented by counsel. counsel. Mother Mother and Father are Father are

the the natural parents of the natural parents following five the following five (5) (5) minor children: B. J. I., Jr. age 14 14 (D.O.B. (D.0.B. 03/05/2013);

P. I., L, age 9 (DOB: (DOB: 02/16/15); L. L. I, I., age 7 (DOB: 07/09/17); N. IL I. L, I., a.k.a aka Baby Gird, Girl, age 5 5

(DOB: 07/01/19); (DOB: 07/01/19); and N. J. I., N. I. L, age 2 (03/10/22) (03/10/22) ("Children"), (Children"), all of whom are adjudicated adjudicated

dependent. The Children's court-appointed dependent. court-appointed Guardian ad litem (GAL") ("GAL") appeared on their behalf. behalf.'1

Also pending pending is the Agency's Motion for Goal Change Change filed at the Dependency action action (D. (D. P. No.

9of 2016). 9of2016)

grounds alleged by the The grounds the Agency for involuntarily terminating terminating the parental rights rights under

23 Pa. C.S. §2511(a) follows: (a)(1); $2511(a) are, as follows: (a)X1; (a)(2); (a)(5); (a)($). (a(5) and (a8)

to N. L. On July 1, 2019, Mother gave birth in her home t I. I. The newborn was subsequently

transferred to Magee Women's Hospital to Magee Hospital in Pittsburgh. On the following day, the Agency received Pittsburgh. On

1This Court finds no conflict of interest exists Susan B. Lope, TN« Lope, Esq. serving as the Guardian ad #item litem in the respective Dependency Dependency action and as counsel for the Children in the matter sub juice. judice. This Court further finds the Children are re each unable to both fully comprehend the true depth of of "permanency" permanency and articulate aareasonable preference.

I1 information the newborn information newborn tested positive for tested positive for cocaine cocaine and methadone. Agency's Caseworkers methadone. The Agency's Caseworkers

two (2) and two (2) Butler County Adult Probation Butler County Probation Officers conducted aa home inspection. They

discovered there was no electricity serving the residence. Mother and Father admitted using

three (3) cocaine three (3) days days prior to Mother's prior to Mother's delivery of N. delivery of N. I. I 1.I The The Probation Officers Officers also found

various medications, a various medications, aloaded gun, gun, crushed up up pills, pills, and drug paraphernalia, all within reach of the

Parties' other Parties' other children. Mother Mother and Father Father were were incarcerated in the Butler incarcerated in Butler County County Prison Prison for

violating violating the terms of their respective respective probations probations terms by possessing the loaded gun. The

Detention Order Detention Order issued issued on on July July 3, 3, 2019, followed the 2019, followed the same same day day by by aaShelter Shelter Care hearing. Upon hearing. Upon

the the recommendation by by the Juvenile Court Hearing Hearing Officer, the Court directed the Children be

detained to detained to protect protect their health, health, safety, Dependency petitions were also filed safety, and welfare. Dependency filed for tbe the

Child's Child's three three (3) siblings.' The newbom, (3) older siblings newborn, N. J. I., L, was hospitalized hospitalized from July 11through July

19, 2019, 19, 2019, due due to to cocaine cocaine addiction.

The Adjudication Adjudication hearing was scheduled on July 18, 2019, and, due to the unavailability

court-appointed attorney, of Mother's court-appointed attorney, continued and rescheduled on July 24, 2019., at which time

adjudicating an order was entered adj udicating the four four (4) (4) Children dependent. At this hearing, Mother and

using illegal Father admitted using illegal drugs. drugs. The Children placed with their Paternal Aunt, Chanel Irvin,

boyfriend, "Richard," had whose boyfriend, had a a felony conviction from 20 years prior. Because of Richard's

Agency was unable to obtain certification of Paternal Aunt's home, as an criminal record, the Agency

appropriate placement appropriate option. However, the Children remained placement option. remained placed in her home because the

Agency believed it was in their best interests, the lack of proper certification Agency certification.

Mother and Father remained incarcerated at the time of the Disposition hearing held on

August 22, 2019. The Court August Court entered an order maintaining the Children's placement with the

2The youngest The N.I.I., was born nearly three youngest child, N.A.A., three (3) {3) years later on March 10, 2022 2022.

22 Disposition Order further Paternal Aunt. The Disposition further directed Mother and Father to Mother and to contact the Agency

immediately upon immediately upon release from incarceration, to to participate in any parenting programs available participate in

through through the Butler County Prison, and to Butler County to maintain contact with their their children by sending cards and

letters to the the Agency's assigned caseworker, who would forward all correspondence to the four Agency's assigned

(4) children.

The initial Permanency The Permanency Review Hearing (PRH) Review Hearing (PRH) was scheduled scheduled on September 4, 2019, but

continued by order, due to a by consent order, a conflict of interest involving Father's court-appointed

attorney. Upon attorney. Upon motion by Agency, the Court granted by the Agency, granted its its request for for an early PRH based upon

certain safety safety concerns existing in Paternal Aunt's home. This hearing was held before the Hearing

Officer on October 9, 2019.

early PRH, At the early PRH, Mother was no longer longer incarcerated. Father remained in the Butler

upon recommendation by the Hearing Officer, that both County Prison. The Court determined, upon

Parents were minimally minimally complying complying with the Children's Permanency Plans (CPP); (CPP); Mother's

progress toward progress toward alleviating alleviating the the circumstance circumstance necessitating the original necessitating the original placement placement was was minimal,

since released from incarceration, incarceration, and Father made no progress. The placement goal was

reunification with aaparent reunification of the Children with parent or guardian guardian with with adoption as the the concurrent plan.

A Hearing Officer approximately a A PRH was held before the Hearing amonth later on November l4, 14,

2019. Despite Despite being incarcerated, Father demonstrated moderate compliance with the provisions being incarcerated,

Permanency Plan. under the Permanency However, he was not making progress toward relieving the However,

dependency circumstances, although dependency although Father completed completed aa drug and alcohol evaluation

recommending recommending inpatient treatment. inpatient treatment. Mother was progressing toward certain goals. progressing toward She

consistently tested consistently tested negative negative for illegal illegal substances, obtained employment, obtained housing housing in in an

addiction rehabilitation rehabilitation home, home, and attended appropriate appropriate treatment. Therapeutic visitations with

33 Mother Mother were were recommended, due to the Children's recommended, due Children's behavioral concerns. The permanency behavioral concerns. permanency goal goal

remained reunification with Mother and Father.

At At the the PRH held February February 6, 6, 2020, the the Hearing Officer Officer determined both parents were were

substantially complying substantially complying with the CPP's. Father Father was no longer longer incarcerated. incarcerated. Mother Mother and Father

obtained housing under a housing under aone(l) one ( 1) year year lease. lease. They consistently attended therapeutic They consistently therapeutic visitation with with

the the Children. Children, However, neither However, parent was involved neither parent involved with with mental mental health services. Mother's health services. Mother's

progress remained progress cooperated with drug remained moderate. She cooperated drug screening, screening, which revealed her ongoing use

of marijuana. of marijuana. Mother Mother successfully successfully completed intensive outpatient completed intensive outpatient treatment treatment at at the Gaiser Gaiser Center Center

and transferred to the facility's stepped-down outpatient facility's stepped-down outpatient program. However, Mother's attendance

outpatient was poor, in outpatient poor. On January January 23, 2020, she tested positive positive for amphetamines, no longer

worked, worked, and was not receiving mental health services.

. Father was achieving achieving moderate progress toward attaining the goals outlined by the

Agency. inpatient drug and alcohol treatment at Conewago Indiana, and underwent Agency. He attended inpatient

adrug a drug and alcohol evaluation at the Gaiser Center, which recommended intensive outpatient

treatment. Due to scheduling treatment, scheduling issues, Father opted opted decided to participate participate in intensive outpatient

treatment at Butler treatment Butler Memorial. Memorial. However, However, Father tested positive Father tested positive for THC and amphetamines for THC amphetamines on on two

(2) occasions. The Children's continued placement Q2) placement with the Paternal Aunt was found to be in in their

best best interests. . interests. ' 3

The next next PRH scheduled on on April April 30, 2020 was continued to July 23, 23, 2020, due to

surrounding the COVID pandemic. circumstances surrounding pandemic. Upon the Hearing Officer's recommendation,

Court maintained Children's placement with Paternal Aunt. Mother and the Count and Father were making

re I pN Orders dated November 14, 2019 and February 6, 2020 were amended b The PRH by pRH PRH Order Order -— Amended, docketed on April 9, 2020 to properly reflect the Agency had legal custody of the Children with the Paternal Aunt continuing with physical custody. continuirg

4 4 toward alleviating the circumstance which minimal progress toward which necessitated the original placement.

They They were inconsistent participating participating with with the services being being offered, including including drug screening. Of

the 45 scheduled drug drug screens for Mother and Father from January 2, 2, 2020 to to July 16, 2020, both

Parents tested negative four (4 negative only four (4)) times in January of 2020. They had positive results for using

THC and other substances on ten ten ((10) 10) occas occasions. oi ns. Mother and Father failed to appear for drug

screening on screening on 27 27 occasions, occasions, during during this this roughly six- and roughly six- and one-half-month period. period.

On April April 25, 2020, the Butler City City Police and emergency medical personnel responded responded to

the home of Mother and Father for aareported drug overdose. Upon reported drug Upon arrival, the EMS personnel

found Mother lying unresponsive inside the doorway doorway of the home. She was successfully successfully

administered aadose of Naloxone Naioxone and Mother became responsive. responsive. In early July 2020, Mother and

Father were facing facing new criminal charges charges arising arising from separate incidents involving trespassing and and

theft at Walmart. theft Therapeutic visitation with the Children occurred at Walmart. Therapeutic at Family Family Pathways, but Pathways, but

Mother and Father attended only 24 of 49 scheduled sessions from January 22through July 16,

2020. During these visits, they they were dismissive and argumentative with the Family Pathways Pathways

therapists, such as using intimidating language toward the Children, including threats to remove using intimidating

security. Mother and food, shelter, and security. and Father resisted improving improving their parenting style.

By Order dated October 14, 2020 upon upon the Hearing Hearing Officer's Recommendation following following

another PRH, the Court continued placement another placement of the Children. Mother and Father were were discharged discharged

from therapeutic visitation services by Family Pathways on September 10, 2020, for numerous

concerns regarding concerns regarding their their tone tone of of voice, angry and threatening voice, angry demeanor, name-calling, threatening demeanor, name-calling, and taking taking

the Children the Children away away from from the visitation visitation supervisor to speak supervisor to speak privately with them. privately with them. Supervised Supervised

visitation resumed visitation September 22, 2020 with another provider, Justice Works. Additional findings resumed September

at the PRH include at include Mother and Father failing failing to pay rent and utilities. Both pay rent Both Parents were were involved

55 with service providers, with providers, although they they had had inconsistent drug screens. Mother and Father obtained

prescription prescription medical marijuana cards and continued testing positive for THC. The criminal

charges arising charges arising from the incidents in early July 2020 remained pending and Father continued to be

on probation. remained with Paternal Aunt. probation. Placement and physical custody of the Children remained

Visitation was modified supervision twice a modified to in-home supervision aweek for two (2) for two Q2) hours each session. Both

Parents were moderately moderately complying with with the Permanency Plan and and were making moderate

progress toward alleviating progress alleviating the circumstances necessitating the original placement.

At the next PRH held December 3, 2020, the Hearing Officer issued detailed Supplemental

Findings in support Findings support of the recommendation to return the Children to Mother and Father. The

visitation provider, Justice Works, observed no safety concerns regarding the care Mother and . . provider, . Father were providing providing to their their children and the Parents were making substantial progress, both

alleviating the circumstances which necessitated the original placement and complying toward alleviating

with the Agency's Permanency Plan. Both Parents complied with drug and alcohol treatment and Agency's Permanency

participated in mental health participated health counseling. Their delinquent rent was nearly current. Mother

employment, while Father was receiving monthly Social Security Disability income. obtained employment,

Over the Over the Agency's objection, the Agency's objection, the Hearing Officer's Recommendation was Hearing Officer's by Order was adopted by Order of

Court on December 3, 2020, directing 3, 2020, directing the immediate return retum of the Children to Mother and and Father.

A PRH A PRH (Non-Placement). (Non-Placement) was scheduled on January 21, 2021.

PRH (Non-Placement), At this PRH (Non-Placement), the Hearing Officer determined Mother was neither

drug and alcohol sessions at the Care Center nor participating in mental health attending any drug counseling, since the Children counseling, Children were returned returned home. She missed many in-home drug screens, but

negative for those screens she took. Father was discharged January tested negative January. 12, 2021 from drug and

alcohol treatment because he was not attending. attending. He was at risk of being discharged from mental

66 health services, having having only attended one one (() 1) session. Mother and Father faced eviction from their

home, non-payment of rent. They refused assistance from Justice Works to home, due to non-payment to find suitable

housing. housing. The Hearing Hearing Officer's Recommendation dated January 21, 2021, as adopted by Order

issued February 4, 2021, states:

Although Although there are no current safety concerns in the home, there are numerous concerns regarding regarding the Parents' cooperating with services and the stability of their their housing. housing. In addition, there are concerns regarding the children's not attending school. Although the concerns do behaviors and not do not justify at this removal of the children at to remain open this time, the matter will continue to with the Court and the CYS Agency until such time as it can be determined that the parents have addressed the housing parents have housing issue, issue, have addressed their financial issues, have continued with drug and alcohol and mental health treatment, have been consistent with drug screens, have addressed the children's behaviors, are getting the children to school on time every day, and are cooperative with the Agency and Justice Works.

The next next PRH PRH (Non-Placement) (Non-Placement) scheduled March 3, 2021 was rescheduled to March 18, 2021.

On March 18, 18, 2021, the Hearing Officer found Mother and Father were discharged from

drug and alcohol treatment and mental health counseling for failure to attend. Housing was a both drug a

serious concern. A A landlord-tenant civil proceeding proceeding was scheduled on April 7, 2021. There There were

difficulties with the school-aged children's attendance. Despite these concems, concerns, the the Children

in the home with Justice Works providing remained in providing the services directed by the Agency.

court supervision At the July 1, 2021 PRH, the Hearing Officer recommended terminating court

of the Children because Mother and and Father obtained adequate housing, rent rent was current, and and they

consistently had negative drug drug screens. The Children's school attendance attendance was as well. was improving, as well.

In January 2022, the Agency received aareport Mother and Father may be living with the

at a Children at alocal motel. There were also concerns about motel. There about aapossible physical alternation between

Mother and Father. The Agency's Agency's Caseworker, Amy McGill, MeGill, confirmed the family was living living in

a searching for appropriate housing. a motel and searching housing: Ms. McGill testified Children's needs were being

7 7 despite living met, despite living in the the motel, and Mother and and Father were housing support from the were seeking housing

community. community. The youngest five (5) siblings was bom March 10, 2022. A youngest of the five A week later on

March 17, 17, 2022, there was aaCPS report one (1) of the Children sustained an eye injury. Mother report one

and Father reported and reported the fell off his bike. Upon investigation, the Agency determined the oldest Child fell

the CPS report unfounded.

Later in 2022, there was another CPS report concerning N. I I. losing too much weight and

another younger sibling, LI., L.I., presenting presenting at the local Head Start childcare facility with a aSuboxone

wrapper in her wrapper in her backpack. N.Us stomach illness and vomiting were the backpack. Mother and Father said N.I's

cause of his cause his weight weight loss. loss. After After investigating investigating the Agency Agency concluded concluded the Suboxone wrapper incident incident

was valid, valid, despite despite Mother and Father asserting they utilized aa lockbox in their home for

safekeeping medications. safekeeping

On On July July 11, 2022, the Agency, Agency, again, again, became became involved with the family when the Adamns Adams

Township Township (Butler Department contacted the Agency (Butler County) Police Department three (3) of Agency concerning the three

the residence. the Children left unattended in the residence.' The Officers determined these children were left

two (2) alone for approximately two (2) hours without without any adult adult or appropriate caregiver present. Adams

Officer Jose Township Officer Jose Ceron Ceron testified testified it took Mother and it took and Father one ((1) Father over one 1) hour for them hour for therm to to

B.I. called his parents to inform them the police were at the residence. return home, after aachild, B.I

he was on the phone with Mother and Father, they told their son they However, when he they were, were,

"...turning Ceron smelled marijuana within ...turning on the street now." Officer Ceron along with within the home, along

finding suspected marijuana found within reach of the Children. The police took Father into finding

custody, while custody, the Agency while the Agency placed placed the Children with with the Maternal Great-Grandmother, Theresa

Harold. Mother and Father were charged charged with felony felony endangering the welfare of children. A A

At the time, these Children were B.L, At 4 B.I., age 9LA, 9; L.I., age age 5; and N.L., N.l., age 3.

88 search warrant was issued and, and, upon searching searching the vehicle after it arrived home, the police

discovered several prescription prescription bottles with one one ((1) 1) bottle containing evidence of crack cocaine.

The investigating there was inadequate food in investigating officers also determined there in the home.

the following On the following day, entered, due to these safety day, an order detaining the Children was entered,

concerns, including, concerns, including, but not limited to the unavailability of Mother and Father. On July 13, 2022,

the Agency Agency filed the Petition for Dependency Dependency and application for shelter care. Sufficient evidence

was presented presented to establish aareturn return of the Children to their their home Mother and Father was home with Mother

Hearing on the Agency's unsafe. Hearing Agency's Petition was scheduled on July 27, 2022. Prior to the hearing,

the Agency Agency filed an Amended Amended Dependency concerns, such as the Dependency Petition, addressing additional conoems,

older Children's poor attendance and insufficient health care. poor school attendance Prior to the July July 11, 2022 incident involving involving the police, one one (1) of the Children, N. L, I., was

having having breathing breathing difficulties and weight gain issues. Mother and Father were advised to take him

to Children's Hospital Hospital of Pittsburgh, which they they failed to do. The following day, N. L I. was

transported by ambulance and transported by and admitted to Children's Hospital. Hospital, Mother and Father later signed-

out the boy boy from the hospital hospital against medical advice. The health issues involving N. I. L. later

resolved. resolved. However, However, all missed various all of the Children missed various health care appointments. For health care For example,

the Agency's Agency's assigned attempted to have authorizations signed by Mother and assigned Caseworker attempted and Father

to release dental care information. Mother informed the Caseworker there was no identified dental

provider for the Children.

Mother and Father arrived approximately 20-25 minutes late to the Detention hearing held

July 27, on July Counsel for 27, 2022. Counsel for Mother and Father Mother and Father requested afull requested a full evidentiary evidentiary hearing regarding

dependency allegations. Due to the Hearing Officer's schedule, there was insufficient time to the dependency

conduct aalengthy lengthy hearing, hearing, so it was rescheduled to August 12, 2022. However, some testimony

99 was received on July July 27, 27, 2022, regarding regarding the Agency's request to modify the Children's placement. placement

Agency alleged The Agency alleged Mother, who was required to be supervised with the Children, was

unsupervised, when she took the Children to a unsupervised, amedical appointment. There There were additional safety

concerns how the Children and Mother were transported to the appointment. Placement of the

Children was modified by Children by removing removing them from from Maternal Matemal Great-Grandmother's care and placing

the Children into foster care.

At the August 17, the August 17, 2022, 2022, Adjudication Adjudication hearing, the evidence established Father the evidence three Father faced three

(3) felony (3) felony child endangering endangering charges and five five (5) misdemeanors arising from the July 11, 2022

Soon thereafter, he was also charged for a incident. Soon asomewhat related incident occurring on

August August 8, 8, 2022, 2022, comprised two (2) comprised of two two (2) (2) felonies and two (2) misdemeanors, where where Father threatened

aaneighbor neighbor near the apartment apartment rented by the Mother and Father. Mother was charged with two two (2) Q2)

felony endangering felony endangering charges, charges, three (3) (3) misdemeanors, and a a summary offense arising from from the

incident on July incident 11, 2022. Father was incarcerated July 11, incarcerated in the the Butler County Prison with bail set Butler County set at

$100,000.00. $100,000.00. At the Disposition Disposition hearing hearing held September 14, 2022, the continued placement of the

Children was ordered with Mother entitled to supervised visitation twice aaweek, since she was

not incarcerated. Father was granted visitation, contingent upon his release from jail. A A PRH on

December 14, 2022. On or about November 1, I, 2022, the Agency requested aaplacement change

to allow all five five (5) to remain together (5) children to together in foster care.' care. At the At the December 14, 2022 PRH, PRH, it was determined continued placement of the Children

was in their best interests. Father remained incarcerated. On the other hand, Mother was making

progress toward alleviating the circumstances necessitating the moderate progress the original original placement. placement. She

maintained aaresidence in in the Adams Adams Ridge development located in Ridge development southern Butler County and in souther

Mother and Father gave birth their fifth child, Nair, Mother 5 Nazir, on March March 10, 2022.

10 was able to to drive a asuitable vehicle for transporting the Children. Mother was also working full-

time. An early PRH was scheduled for February 2, 2023.

By By Order dated December December 22, 2023, Mother received supervised visitation on Christmas

Day a.m. until 8:00 p.m. Day from 10:00 a.m. p.m, at the Foster family's home, so long she submitted to long as she to a a

drug drug screen on that day. day. Additionally, Additionally, Mother was granted granted supervised visitation time in her home

on weekends, at times to be agreed agreed upon between the Agency Agency and Mother's counsel. The next

PRH was scheduled on January 19, and later cancelled, upon the 19, 2023 and the Agency's motion.

February 1, 2023, counsel for Mother filed a On February a Motion for Continuance of Early

Permanency Permanency Review Hearing Hearing scheduled on February 2, 2023. An entered granting An Order was entered

request continuing Mother's request continuing the PRH to March 8, 2023, primarily primarily to to allow the Agency and Mother

to to evaluate her progress exercising extended visitations.

At the March 8, 2023, PRH, the evidence supported continuing placement of the Children

in Foster care. Father remained incarcerated. Mother was deemed to to be be substantially complying

goals outlined by with the goals Agency. Another review hearing was scheduled on March 24, 2023. by the Agency.

Agency's Caseworker conducted a The Agency's ahome visit on March 15, 2023 and and was informed

by one one ((1) had "grabbed up on him." At 1) of the Children that an individual known as "Uncle Miz" had

the time, Mother had had unsupervised custody of the Children at Maternal Grandmother's home every unsupervised custody

weekend. Mother claimed she does not allow anyone around the Children. Upon further inquiry,

the Agency the Agency discovered discovered Uncle "Uncle Miz" Miz" was Joshua McKenzie, who was under close Joshua McKenzie, close surveillance surveillance by by

Federal Marshalls. On or about April April 12, 2023, the Agency petitioned for an early review hearing,

to concerns with some adult due to adult being being around the Children, during Mother's visitation.

At the early PRH held April April 27, 2023, the evidence indicated Mother was exercising poor poor

judgment with certain adults she allowed to be in contact with the Children. Mother was prohibited judgment

11 II to have anyone be in her home when having overnight visitation ofthe Children, unless she Agency

gave approval after it conducted criminal background checks. The next PRH was scheduled on gave approval

June 28, 2023.

7, 2023, On June 7, 2023, one one ((I) 1) of the Children requested that, "Terrance" "Terrance" [Clowney] [Clowney] wouldn't

anymore" The Agency come around anymore." Agency determined Federal Marshalls were also searching for Mr.

Clowney because a Clowney awarrant was issued for for his arrest. Mr. Clowney frequented Mother's residence

on several occasions. He was apprehended to face drug-related charges.

Later in June 2023, 2023, the Butler County County Drug Drug Task Force arrested and charged Mother with

felony drug charges felony drug charges involving involving fentanyl fentanyl distribution, as well as aamisdemeanor drug paraphernalia

charge. Maternal charge. Maternal Oreat-Grandmother, Great-Grandmother, who previously served as kinship placement for the

Children was was present during some of Mother's drug dealing. A A search warrant of Mother's

cellphone cellphone further revealed Maternal Great-Grandmother was fully aware of Mother's illegal drug

activity. The search of Mother's cellphone also revealed an incident of aathird-party activity. third-parry trying to buy

aabundle of fentany] fentanyl from Mother on June 28, 2023. Mother text message reply stated, "give me

aasecond 1 I have my kids."

At the PRH At held July PRH held July 19, 19, 2023, 2023, Father Father remained remained incarcerated. incarcerated. Mother tested tested positive positive for

cocaine and continued her association with known drug-related persons. Mother underwent

ongoing drug ongoing drug screens twice per per week week and hair follicle testing. testing. Mother's court-appointed attorney

requested a requested acontinuance of the October 11, 2023, PRH, because she had a apreviously scheduled

vacation, but then fell ill with €OVID-19. COVID-19. An Order granting the continuance request was entered

and the and the PRH was re-rescheduled to to October October 26, 2023.

.the Father was still incarcerated at the time of of Ahe October 26, 2023, PRH. PRE Mother was

minimally complying with the Children's Permanency Plans. She was not communicating with

12 the Agency and also had outstanding outstanding criminal warrants. warrants. The Children remained placed in Foster

care.

On October 24, 2023, the Agency filed the within Petitions to involuntarily terminate the

parental parental rights the Children's birth parents. rights of the parents. The evidentiary hearing on the IVT petitions was

scheduled for April 24 and and 25, 2024.

February 2, On February 2, 2024, the Agency Agency filed its Goal Change from its Motion for Goal from reunification to

Court entered an Order on February 7, 2024, scheduling an evidentiary hearing on adoption. The Court

the Motion for Goal Change Change on April 24 and 25, 2024.

The next PRH was held February February 21, 2024. Mother and Father were incarcerated, the latter

since the July 2022 incident three (3) of the Children left unattended in the home without incident involving three

supervision, insufficient supervision, insufficient food, marijuana marijuana within within their reach, reach, and intimidating witnesses. The witnesses. The

was ordered because their parents were making no Children's continued placement in Foster care was

eliminating the dependency circumstances. Despite being entitled to visitation progress toward eliminating

rights, while in the Butler County rights, County Prison, efforts to to reunify him with the Children and to achieve

the goals goals under the C C PP was difficult. On January 2, 2024, Father was transferred from the Butler

SCI -- Quchanna County Prison to the SCI Quehanna Boot Camp, Camp, where visitation was prohibited. prohibited.

PRH was Another PRH held April was held 24, 2024. April 24, 2024. Mother Mother and Father Father remained remained incarcerated: Mother at the Mother at the

County Prison and Father at tbe Butler Country the sC1.Quchanna SCI-Quehanna Boot Camp. Camp. The The Children continued continued in Foster care

placement. Mother and Father were found to placement. to minimally minimally complied complied with the the Agency's plan, due to their

incarceration. The incarceration. The Court Court noted the the Children Children were thriving pre-adoptive were thriving pre-adoptive Foster Foster placement placement because all all their their

needs were needs were being met. being met.

A subsequent PRH A subsequent PRH was scheduled for was scheduled for May May 16, 2024. The The Agency Agency requested requested aacontinuance, continuance,

asserting the asserting the dependency dependency case was was "status quo," pending "status quo," the outcome of the Agency's five (5 pending the (5 WT) IVT)

13 Counsel for Mother and Father, along with the Children's court-appointed GAL, consented to the Petitions. Counsel

Agency's request and, Agency's request by Order entered on May and, by May 16, 2024, the PRH was rescheduled to October 10, 2024.

On June June 19, 2024, the Agency 19, 2024, Agency filed its Motion to Suspend Suspend Natural Mother's Visitation, alleging

participated in Zoom virtual visitations with the Children from the Butler County Prison and included she participated she

Father, Father, Maternal Maternal Grandmother, Grandmother, and Maternal Great-Grandmother by utilizing her Zoom log-in information.

Mother Mother was cited for was cited for violating violating the Prison's Inmate Phone/E-Messaging Policy because she shared the Zoom

Meeting Access Code with outside individuals. By Order of Court dated June 18, 2024, Mother's ID and Access Meeting ID

was suspended, visitation was suspended, pending further Order of pending further of Court. Court.

On August August 27, 2024, the Court entered an Order directing the Butler County Clerk of Courts to 27, 2024,

docket docket Father's Petition to to Permit Father's Visitation because he was released from from Quehapna Quebanna and residing residing

in a in ahalfway halfway house Allegheny County, house in Allegheny County, Pennsylvania. By Order dated By separate Order dated August August 28, 2024, the

Court scheduled Court scheduled aahearing requesting some form of visitation.to be heard on November hearing on Father's Petition requesting

4, 2024. 4, 2024.

an Order was entered October 1, 2024, cancelling and consolidating On the Court's motion, a

Father's Father's Petition to Permit Visitation with the Petition to the Permanency to be Permanency Review Hearing scheduled to be held on October

17, 2024 17, 20246 before the Juvenile Count Court Hearing Hearing Officer. On or about November 6, 2024, 2024, the Court received received

the Juvenile the Juvenile Count Court Hearing Hearing Officer's Recommendation stating counsel for the the Children's parents request parents request

the matter be be heard by by the the Court.

Hearing Hearing on Father's Petition to Permit Visitation as well Petition to well as A aPHR were held before this Court on

November 22, 2024. November 2024. His His request request for visitation was denied. visitation was

IVI IVT Testimony

Barry Jones of Justice Works testified that, from August 2022 through October 2023, Bany

Justice Works Justice Works coordinated supervised visitations between Mother and the Children, who were were

The PR1 Te 6 PRH4 was was originally originally scheduled for October 10, 2024 via the Agency's However, due to Ageney's Motion to Continue. However, unavailability Court, the PRH was unavailability of the Court, was rescheduled for October 17,2024. 17, 2024. (See, (See, Hearing Officer's endatioin filed November 6, 2024) Recommendation Rec

14 placed in aaFoster care family in Crawford County, County, Pennsylvania. These visits were scheduled

every Thursday, despite every despite problems problems with Mother usually usually arriving arriving late. The Children showed

toward Mother at affection toward at these supervised supervised visits. visits. Arrangements Arrangements were were made by the the Agency with with

the Butler County Prison for Father to have telephone contact with the Children. In late December

progressed to monitored visitation with increased frequency to 2022, Mother's supervised visits progressed

twice each week for aafew hours each visit. visit, There were occasional visits held in Mother's home.

The Agency provided Mother with with gasoline gasoline cards cards to to financially financially help with travel help with travel from Butler Butler

County to Crawford County Crawford County. County. At At times during during Mother's visitation with the Children, Children, Mr. Jones

occasionally using overheard her occasionally using foul language and stating ultimatums to the Children. She also

failed through failed through with with promises promises made made to the Children Children.

who works at Joel Zacherl, who at the Butler County County Prison, testified inmates are offered voluntary

programs, but inmates must first enroll to participate. rehabilitation programs, participate. After Mother was incarcerated

in August 2023 on drug charges, she did not participate participate in any rehabilitation programs. From July

2022 until he was transferred to aastate correctional facility on January January 2, 2024, Father failed to

enroll in any enroll any rehabilitative programs, programs. Mr. Mr. Zacherl Zacherl indicated Father Father was placed placed on on restricted status

for disciplinary reasons, which prohibited prohibited his ability ability to enroll in these programs. programs.

Mother Treatment Center Mother attended Crossroads Treatment Center for drug addiction addiction treatment treatment from 2019 2019

through through December of 2023. She received medication management and prescribed Suboxone by

injection. Mother Mother has has never for non-compliance. never been discharged for compliant with non-compliance. Mother was compliant with

treatment but, treatment but, since since is is presently presently incarcerated in in the Butler Butler County County Prison, Prison, she she cannot cannot maintain maintain

treatment through Crossroads. Upon Upon release from incarceration, incarceration, Mother will be required to re-

enroll to resume resume drug drug addiction treatment. treatment.

15 Emily Emily Pasquarello Pasquarello of the Bair Foundation was contacted by the Agency to to undertake

weekly trauma focused therapy for the older Children. On March 27, 2024, she reported to weekly

alleged physical abuse of B. J. I, ChildLine of alleged I., Jr. and his younger sister, L. L, I., at the hands of

Father. Ms, Ms, Pasquarello Pasquarello did not prompt either Child. Rather, when these Children were asked asked

about actions actions and consequences, consequences, B. J. J. L, I., Jr. Jr. volunteered L. I, L, was whipped by Father with an

cord. B. J. I, extension cord. I., Jr. also reported pushed his pinky reported Father pushed pinky finger, until he cried, and and later

pushed him up pushed up against against the wall. Ms. Pasquarello made another ChildLine report on April 16, 2024,

reporting reporting Mother allowed B. J. I., Jr., and his younger brothers. P. P.1. I. and N. I., to experiment using

vape. These Children found the vape on the side of the road, which vape. which Mother was aware. She She

when N. I. had the vape in his mouth. Ms. Pasquarello laughed about it, even when Pasquarello indicates indicates the Children

are are doing doing very well in the Foster very well Foster home home and and participating participating in many activities (Exhibits many activities 4through (Exhibits 4 through

11). 11).

Madison Oakes is aaPermanency Permanency Specialist Specialist with the BAIR Foundation. Specific to these

Children, she is performing performing child preparation services consisting of ten ten (10) sessions spanning six

(6) months. Upon (6) Upon completion of the program, each Child becomes excited when viewing a Life" "Life"

containing photos book containing photos of Mother and Father. Ms. Oakes reports the Children all get along well

with each other and struggle to to be be serious, often singing songs together. There is nothing unusual

or extraordinary during the sessions. Permanency was not discussed by Ms. Oakes with extraordinary occurring during

the the Children.

Taylor Semko, who is Taylor is also aaPermanency Specialist with the the BAIR Foundation, started started the

child preparation assignment in September preparation assignment September 2023. She discussed discussed permanency and adoption and the adoption

process in an age-appropriate age-appropriate level to the Children, explaining it is a "forever thing."

16 Testimony was received from another BAIR Foundation employee, Julie Vipp, who is a Testimony a

Foster Care Specialist, Foster Specialist, indicating indicating the Children were placed in the the Foster home on October 27,

2022. She opines opines they they are well-bonded with both foster parents and interact well with them. Ms.

Vipp describes the home as "very Vipp "very neat" with the older boys sharing a abedroom and their younger

sisters also sharing sisters sharing a a bedroom. The pre-adoptive pre-adoptive father is is employed, while the pre-adoptive

mother mother stays stays home tending tending to the Children daily needs. needs. There are no safety concerns and and the the older

they want adopted. Children say they Agency ongoing Agency ongoing Caseworker Rachel Wettick received assignment assignment to to the dependency case

August 2, on August 2, 2019, 2019, after the Children were adjudicated dependent on July 24, 2019 and placed

with the Paternal Aunt, Aunt, Channel Irvin. Lrvin. In general, the CPP provided Mother to be sober, stabilize general, the

her health, and receive parenting her mental health, parenting instruction. Father was released from from incarceration

related to to the probation probation violation on December 10, 2019 and went directly to inpatient treatment

drug addiction. During for drug During the height COVID-19 Pandemic from roughly March through height of the €OVID-19

May May 2020, 2020, there were difficulties for Mother and Father to participate in services, except

participating in virtual services. On December 3, 2020, the Children were returned to Mother and participating

Father. The primary primary caregiver upon upon reunification was was Father because Mother worked outside the

home. The The Agency Agency closed closed the dependency case in July 2021.

Michael Michael McConnell, McConnell, who is the Butler County Adult Probation Officer supervising

Mother's house arrest. She was sentenced on September 23, 2023, after entering aaguilty plea to

Walmart theft incident. Mother failed to appear the Walmant appear on October 17, 2023 for installation of an

electronic monitoring appeared October 20, 2024 at Butler County Adult Probation monitoring device. She appeared

to to have the device hooked-up. hooked-up. On November 11, 2023, Mother was arrested and charged charged with

felony intent to deliver drugs and other misdemeanors. She was placed in the Butler County felony

17 Prison. Mother Prison. Mother appeared appeared with with counsel on both days counsel on days of of the IVT NT hearing, after after being being brought from brought from

Sheriffs Department. prison by the Sheriff's

The Agency presented further testimony from Intake Caseworker Amy Amy Magill. On January

25, 2022, Ms. Ms. Magill received a report concerning a CPS report concerning the eviction of Mother Mother and Father from

their home and were living in aamotel in Cranberry Cranberry Township, Township, Butler County. After further

investigation, this this CPS report was validated, due to to homelessness, and drug homelessness, domestic abuse, and drug use

by Mother and Father. Father. Ms. Ms. Magill two (2) Magill also discovered the two (2) younger siblings were not younger siblings attending not attending

school. school.

There was aasecond CPS report report on March 17, 2022 involving involving an eye eye injury injury sustained by by

the oldest Child, B.J.I., B.J.L, Jr. Ms. Magill met with him in the home. She was told by the Child he

fell from his bicycle, while staying with the Maternal Great-Grandmother. This CPS report report was

unfounded.

Ms. Magill Ms. Magill received received aathird CPS CPS report on on May May 16, 2022, due 16, 2022, due to to concerns one ((1) concerns one 1) of of the

Children, N.I. was losing weight and and. another Child, L.I., had aaSuboxone wrapper wrapper in her backpack backpack

at pre-school. The third at third CPS CPS report report was validated.

The Intake The Intake Supervisor for for the Agency, Eric the Agency, Eric Stover, while on-call the evening while on-call July 11, evening of July 11,

2022, received aacall from the Adams Township Township Police Department. The police police were called to the

residence of residence of Mother Mother and and Father Father and and discovered discovered three three (3) of the (3) of Children left the Children left unattended. unattended. Mother Mother

and Father and Father were were taken taken into police custody into police custody with Father Father placed the Butler placed in the County Prison. Butler County Prison. Mr Mr.

Stover observed aachaotic scene, when arriving Stover arriving to to the residence at at approximately 5:30 p.m. He

smelled the odor of marijuana inside the home. Mother admitted to Mr. Stover the Children were

left alone for about two left alone two (2) she, Father, (2) hours because she, Father, and and Maternal Maternal Great-Grandmother drove drove the the

newborn, NL, newbom, N.I., to to aadoctor doctor appointment, appointment, which which was was cancelled. cancelled. All All the the Children Children were were initially initially

18 18 placed placed with with Maternal Great-Grandmother. They They were subsequently removed from her home and

placed placed in two two (2) placing the Children outside their home, the Agency (2) Foster homes. Prior to placing

unsuccessfully attempted to place them with the Maternal Aunt, who resisted placement. She unsuccessfully attempted

previously provided placement care of her nieces and nephews. In addition, Mr. Stover requested previously provided

Mother and Father take urine urine screens for suspected drug drug use, use, which they refused. He also

determined the Children were not attending any medical or dental appointments.

On January On January 2, 2024, Father was transported 2, 2024, from the Butler transported from County Prison Butler County Prison to to the State the State

Quehanna Boot Camp Correctional Institution at the Quchanna Camp ("Quehanna"). ("Quehanna"). Douglas Twigg, who is aa

acceptance into Boot Camp. The State Corrections Intake Counselor, testified Father qualified for acceptance

Drug Drug Treatment Program Program (STOP) (STOP) proved proved Father with intensive intensive drug rehabilitation treatment treatment

through successful completion of specific program, through program, including therapeutic community and violence

prevention, by 60 days prevention, followed by days of inpatient inpatient rehabilitation, then release to a arecovery home in in the the

community outpatient treatment. Mr. Twigg indicated Father's earliest possible release date community with outpatient

from Boot Camp is June 5, 2024.

Quehanna Corrections Counselor Krista Modzel testified Father received no Quehanna no "formal"

incidents "written-up", while at Boot Camp. misconduct incidents Camp. She indicates Father requested requested to to be wait-

listed for enrollment in parenting parenting sessions called "Inside/Outside Dad." Ms. Modzel testified

Father was denied visitation with the Children in accordance with Boot Camp policy, including no

to video visits. He was sending the entitlement to the Children letters and cards, cards, after after first screened by

Camp personnel. Boot Camp personnel. The Agency correspond with their father. Agency permitted the Children to correspond father.

Township Police ofeer Adams Township Officer Jose Ceron testified the IvT testified on the second day of the IVT hearing

regarding the July regarding July 11, 11, 2022 2022 incident when Mother and Father Father left three three (3) (3) of their children

unattended at home. After After arriving arriving to to the home at 3:30 home at 3:30 p.m. nd knocking p.m. nd knocking on on the door, Officer Officer

19 19 greeted by Ceron was greeted by a ayoung young child. Upon entering through the front door, he observed other

young young children and no adults adults present. present. In plain view of the officer, and and easily accessible to the

Children, Children, were marijuana "blunts." were marijuana The Agency blunts." The Agency was was alerted to the alerted to situation. The the situation. oldest Child, The oldest Child,

B.I., Jr., used his cellphone B.L, Jr., cellphone one one ((1) 1) of his parents. Officer Ceron testified Mother and Father failed

to return to return home after approximately an hour from the time B.I., B.L., Jr. contacted them. them.

Father was taken into into custody custody by and .Mother by the police because he and Mother became very agitated

and aggressive. and aggressive. The The Children said they were hungry. along with backup Officers hungry. Officer Ceron, along

Ging Ging and Murrick, Murrick, observed aalack lack of food in the home. home. A valid search of the vehicle Mother and A valid and

Father were using using uncovered aaprescription prescription bottle containing crack cocaine. Separate felony and

charges were filed against misdemeanor charges against Mother Father. Mother and Father.

Butler City Butler City Police Police Officer Officer Ryan Doctor, who is Ryan Doctor, is involved in in the county county drug drug task force, force, was

investigating investigating Mother. On June 28, 2023, she was arrested for distributing fentany] fentanyl (Children's (Children's

1). GAL Exhibit D)

IVT hearing. He is still married to Mother, but they Father testified on the third day of the [VT

are not are not an an intact couple. He believes intact couple. believes they are "trying they are "trying to out." When Mother to work things out." Mother was

working, Father served as the Children's primary caregiver, working, caregiver, until incarcerated in 2019 and the

placed in kinship care. Father was released from jail in December 2020 and the Agency Children placed

closed the dependency closed dependency case. Father detailed the numerous residences residences he and Mother rented, rented,

including apartments in including apartments Butler City in Butler City and in Mars and Seven Fields Boroughs located in southern

Butler County.

While incarcerated in the Butler County County Prison for 16 16 months, Father had weekly video

visits for 10 to 15 I5 minutes with each Child, beginning with I., Jr. to with the oldest, B. L, to the youngest

son, N.I. When he entered the state correctional system at Smithfield, followed by Quehanna,

20 20 visitation was prohibited. Father visitation was Father sent sent two two (2) (2) letters to the letters to Children, one the Children, one (1) of which (I) of which was deemed

inappropriate and not inappropriate not forwarded to them because it to them it contained false promises. promises.

Father indicates learning learning so much in the Quehanna Quehanna Boot Camp Camp Program. He participates participates

in individual in individual and group group counseling counseling sessions, attends attends an an early early morning morning meeting, leads the meeting, leads the

"Energizer Group" "Energizer Group" to to motivate fellow Boot Camp fellow Boot Camp enrollees, enrollees, and is is involved involved on on other activities activities

focusing upon upon successful rehabilitation. His "clean rehabilitation. His July 11, 2022, which is the day clean date" is July day he and

Mother Mother left three (3) left three of their (3) of their young children unattended young children unattended for roughly roughly two two (2) hours. Father (2) hours. Father believes believes

if he he is eventually reunified with with the Children, then they they will will not any negative not suffer any emotional negative emotional

impact. impact.

Father's criminal history dates to 2006, when he was age 18. From age 18 l8 until he was 25

years old, years old, Father Father was was incarcerated incarcerated in the state state correctional correctional system. system. He was diagnosed He was diagnosed with with bi-

polar disorder at 15 or 16 at age I5 prescribed medication. Father I6 and placed on prescribed Father began began using illegal using illegal

drugs at age 27 or 28, starting with using marijuana then then moving on to crack cocaine and heroin heroin.

not take Suboxone. Father says he feels better and no longer He does not longer gets gets easily easily aggravated, aggravated, as in

past. Father the past. Father also also suffer from blood blood clots. clots. He He receives receives Social Social Security Security Disability not Disability when not

incarcerated.

Father feels the Children do not fully understand the termination of parental parental rights rights and

adoption processes adoption because they processes because they are are being being explained explained in in aa one-sided manner. He offered no manner. He no

evidence to support this assumption.

When he is released released from the the state correctional correctional system, there there will will be supervisory supervisory "eyes" on

counseling, medication Father with follow-up counseling, medication checks, checks, and and random urine tests random urine tests three three (3) times each (3) times each

1f there are no week. If no setbacks along the way and "all goes way and goes well," well," Father will be free of supervision supervision

in August 2025.

21 21 Father denies committing Father denies committing any any domestic domestic violence, claiming he never put put a ahand on

I., Jr. Father's testimony the oldest child, B. I, testimony is not not credible. Surprisingly, Father showed no

indications of remorse or regret regret about the circumstances leading up to the Agency's request to

terminate his parental rights.

Mother, who Mother, who is is facing serious criminal facing serious criminal charges, charges, did did not not testify. Children's GAL testify. The Children's GAL

requested the Court requested Court apply aanegative evidentiary inference.

The first witness to testify at the IVT proceeding called by the Agency was Dr. Eric

Bernstein, Bernstein, who performed the who performed the Parental Parental Assessment of Mother Assessment of and Bonding Mother and Bonding Assessment. Assessment. Counsel Counsel

for each Parent, the court-appointed court-appointed GAL, and the Agency's Agency's Solicitor stipulated to his

expert to qualifications as an expert to perform perform both assessments. His reports were admitted into evidence

objection (Exhibits without objection (Exhibits 22and 3).

Due Due to to technical technical issues caused by Father's incarceration, he was was unable to to be be interviewed

by Dr. Berstein. Bernstein. Mother was scheduled scheduled to meet with Dr. Bernstein Berstein on September 20. 2023 for

the parental capacity capacity evaluation and on October 26, 2023 for the bonding assessment. These These

meetings did not not occur, as scheduled, due to Mother's incarceration in the Butler County Prison.

She met She met with Dr. Bernstein on February 16, 2024.

Mother self-reported to to Dr. Bernstein having two two (2) (2) prior mental health health commitments.

has prior diagnoses of PTSD, major She has major depressive disorder, and bipolar bipolar mental health illnesses.

Mother also admitted an addiction to drugs. She fiirther further reported reported her criminal history and past

domestic violence Mother attributes to having made poor relationship choices in domestic in the past.

Dr. Bernstein Berstein concludes Mother's legal legal issues, drug addiction, and poor issues, drug poor mental health health all

negatively impact her parenting impact upon her capacity. Dr. parenting capacity. Dr. Bernstein noted presented Bernstein noted presented as as very defensive,

22 placing placing blame blame for the Children's pre-adoptive for the pre-adoptive placement Agency Caseworker Paige placement on Agency Paige

McCracken.

LEGAL STANDARD

The underlying grounds for involuntary termination of parental rights asserted by the underlying grounds

Agency against Mother and Father are set forth under Section 2511(a), Title 23 of Agency against

Pennsylvania Pennsylvania Consolidated Statutes, which provide in pertinent part, as follows:

Grounds for Involuntary Grounds Involuntary Termination Termination

(a) (a) General rule. The rights of aaparent in regard to aachild may be terminated after aa petition filed petition filed on any any of of the the following following grounds: grounds:

(1) The parent () parent by by conduct continuing for a a period of at least six months immediately immediately preceding preceding the filing of the petition either has evidenced a asettled purpose purpose of relinquishing relinquishing parental claim to to a a child or has refused or failed to to perform parental perform parental duties. duties.

(2) The repeated (2) The and continued incapacity, repeated and incapacity, abuse, abuse, neglect parent neglect or refusal of the parent caused Child to has caused to be without essential parental care, be without care, control or subsistence necessary for his physical or mental well-being and the conditions and causes of the incapacity, neglect or refusal incapacity, abuse, neglect refusal cannot or will will not be remedied byby the parent.

(5) Child has (5) Child has been been removed from the care of the the parent parent by by the court court or under under aa voluntary agreement with an agency for a voluntary aperiod period of at least six months, the conditions which which led to to the removal or placement placement of Child continue to to exist, the parent the parent cannot cannot or or will will not not remedy those conditions within aareasonable remedy those reasonable period period of time, time, the services or assistance reasonably available to the parent are not likely likely to remedy remedy the conditions which led to the removal or placement of Child within a Child areasonable reasonable period of time and termination period of' termination of of the parental rights rights would serve the would best serve the needs and and welfare of Child.

(8) Child has been removed from the care of the parent by (8) the court or under a by the a voluntary agreement with an voluntary agreement an agency, 12 12 months months or more more have elapsed from the date of removal or placement, placement, the conditions which led to the removal or placement placement of Child continue to exist and to and termination of parental rights rights would would best serve best the needs serve the needs and and welfare welfare of Child. Child.

23 (b) Other considerations. The court (b) court in in terminating the rights of aaparent shall give primary consideration to the developmental, primary physical and emotional needs and developmental, physical welfare of Child. The rights rights of a a parent shall not be terminated solely on the basis of environmental factors such as inadequate housing, furnishings, income, clothing clothing and medical care if found to be beyond the control of the parent. With respect respect to any any petition petition filed pursuant pursuant to subsection subsection (a)(l (a(l ), ), the court shall not consider any any efforts by by the parents parents toto remedy the conditions described therein, therein, which are first initiated subsequent subsequent to the giving giving of notice of the filing of the petition.

23 Pa. C. S. §$2511. 23Pa.C. 2511.

The Pennsylvania The Pennsylvania Supreme Supreme Court stated, stated, "... it is "...it is well-established that aa court court must

examine the individual circumstances of each and every case and consider all explanations

offered by by the parent parent to determine if the evidence in light of the the totality of the the circumstances

clearly warrants the involuntary clearly involuntary termination." In re ED.M., E.D.M., 708 A.2d 88, 91 (Pa. 1998).

The court The court must must engage engage inin a abifurcated bifurcated process process prior prior to terminating parental to terminating rights. parental rights. Initially, the Initially, the focus is on the conduct of the parent. parent. The party party seeking termination must prove by prove by clear clear and convincing evidence that that the parent's conduct satisfies the statutory grounds for termination delineated in Section 251 1 (a). Only if the court determines that grounds parent's conduct warrants the parent's warrants termination of hishis or her parental rights rights does the the court engage engage in the second part part of the analysis pursuant pursuant to Section 251 25I I1 (b): determination of the needs needs and welfare of Child under the standard of best interestsinterests of Child. One major aspect aspect of the needs and welfare analysis concerns the nature and status of the emotional bond between parent parent and child, with close attention paid to the effect on Child of permanently severing any such bond. bond.

In 511 (Pa. Super. 2007). I re L.M., 923 A.2d 505, 511 2007)

Termination may occur based on any one of the may occur the listed subsections. In re Adoption In re of Adoption of

Y., 72A.3d669, R.K. Y., 72 A. 3d 669, 671 671 (Pa. Super. 2013). (Pa. Super. statutory grounds for termination of parental 2013). Once statutory

rights have been met, the Court rights Court must then consider whether termination serves the needs and and

welfare of Child. welfare of Child.

LEGAL ANALYSIS

The Court fully The fully recognizes recognizes aaparent's incarceration, standing alone, does does not form the legal

basis for involuntarily involuntarily terminating terminating parental parental rights rights to to aachild. The Agency presented significant

24 24 credible evidence for the Court to consider whether any of the four four (4) (4) statutory grounds for

involuntary by the Agency involuntary termination asserted by Agency is established by clear and convincing evidence.

(1) The parent by conduet (1 conduct continuing for for a aperiod of at least six months months immediately

preceding the filing preceding the the petition filing of the petition either has evidenced aa settled settled purpose of of relinquishing relinquishing parental to a parental claim to achild child or has has refused or failed to perform parental

duties. duties, The Agency The established, by Agency established, clear and by clear and convincing evidence, that convincing evidence, that the the factors of 23 factors of 23 Pa. C.S. Pa. C.S.

§2511 (a)(1) 82511 (a(l) are met to to terminate both Father's and Mother's parental rights to to each of their their five

(5) children. The facts indicate by (5) by clear and and convincing evidence Mother and Father Father fail fail to perform

even minimal parental duties on behalf of each Child. Since mid-2019, when N.L. N.l. a.k.a aka Baby Girl

was born addicted to drugs, drugs, Mother Mother and Father have been been subjects of juvenile dependency

oversight. oversight. Mother and Father Mother and Father have serious drug have serious drug addiction addiction and and mental health issues mental health issues The The Agency Agency

established by clear and convincing convincing evidence neither Mother nor Father have taken appropriate

steps to address these troubling troubling issues, issues, including, including, but not limited to refusing helpful service for

most of the entirety of the dependency dependency proceedings. proceedings.

Father has been incarcerated for basically the entirety of the dependency actions. Mother

has been in and out of jail and, when she is not incarcerated, Mother minimally complied with

treatment to achieve treatment achieve the Agency's Agency's reasonable reasonable goals.

Both Mother and Father, Mother and Father, while indicating aa strong strong desire to continue continue parenting parenting their

children, but completely fail performing children, performing the parental duties. The result seriously jeopardizes the

health, safety, and welfare of each Child. health, safety, Each Parent made slight progress throughout the

placement placement of the Children in Foster care. However, any parenting progress was followed by

subsequent periods subsequent periods of dangerous dangerous regressions, such as regressions, such as leaving leaving the the Children Children unattended for for two two (2) (2

hours and Mother getting getting arrested in 2023 for dealing fentanyl.

25 Neither Mother nor Father can swoop in at the eleventh hour and assert they are now

willing to follow the Children's Service Plans. The Court must look to the Children's best

interests, which is to be adopted by by their pre-adoptive pre-adoptive parents, parents, and not to remain in placement

stability or permanency, with no stability permanency, on a parents will change criminal and a wishful whim their parents

otherwise destructive parenting parenting behaviors.

The actions and inactions by by Mother and Father, as extensively detailed above in the

Findings Findings of Fact, indicate by clear and convincing convincing evidence that that Mother and Father have

evidenced aafailure to perform perform parental parental duties in excess of the six months, months, thus thus satisfying the

requirements as set forth under 23 Pa. C. S. $2511(a(1) requirements §2511(a)(1).

(2) The repeated (2) repeated and continued incapacity, neglect or refusal of the parent incapacity, abuse, negleet parent has has caused Child to be without essential parental parental care, control or subsistence necessary well-being and the conditions and causes of the incapacity, for his physical or mental well-being neglect or refusal cannot or will abuse, neglect will not be remedied by not be by the parent. Likewise, Likewise, the Agency Agency has has shown by clear and convincing evidence the parental rights of

both Father and Mother should be terminated under 23 Pa.C.S.A. 251 1(a(2). 1(a)(2). The fundamental

test of termination of parental parental rights under Subsection(a)Q2) Subsection(a)(2) requires that the Agency prove:

(1) repeated and (I)repeated incapacity, abuse, neglect and continued incapacity, neglect or refusal; refusal; (2) that such incapacity, abuse, neglect or refusal caused Child to be without essential parental care, and (3) control or subsistence; and () that the causes of the incapacity, abuse, neglect or refusal cannot or will will not be remedied.

n In re A. 2d 172 re Geiger, 331 A24 172 (Pa. (Pa. 1975). 1975) The Children were initially adjudicated dependent, dependent, in part, part, due to an incident occurring at

the residence of Mother and Father when they they abandoned three three (3) (3) of their children, leaving them

alone and unattended for approximately approximately two two (2) Q2) hours on July 11, 2023. The Adams Township

Department responded to the home and found marijuana "blunts" and other drug Police Department

paraphernalia within reach of the young paraphernalia young Children. After Mother and Father returned home and aa

26 warrant to search their vehicle was obtained, the police discovered crack cocaine in a aprescription

container.

Again, Mother and Father disregarded the requirements under each Child's Permanency

by either taking Plan by taking minimal steps or no actions to follow the Agency's recommendations to

achieve reunification. Their non-compliance was consistent with living aadrug addiction lifestyle

of criminal activities and consequential incarcerations. Mother and Father generally shunned

rehabilitation efforts and mental health treatment, all at the expense of the Children.

While Father is released from incarceration and living in aastep-down rehabilitation home,

Mother is currently incarcerated in aastate correctional facility on aalengthy sentence for dealing

fentanyl. Despite being fentanyL. Despite being released from incarceration, Father must successfully complete further

outpatient treatment before achieving full integration back into the community. Father's track before achieving

record is poor, record at best. poor, at best.

(5) Child has been removed from the care of the parent (5) parent by by the court or under aa voluntary agreement with an agency for aaperiod of at least six months, the conditions which led to the removal or placement placement of Child continue to exist, the parent cannot or will not remedy remedy those areasonable period those conditions within a period of time, the services

or assistance reasonably reasonably available to the parent not likely parent are ot likely to remedy remedy the conditions which led led to the removal or placement placement of Child within a a reasonable period parental rights would best serve the needs and welfare of time and termination of the parental of Child. Agency also established by clear and convincing evidence the conditions giving rise The Agency

to the removal or placement cannot or will not placement of the Children continue to exist, the parents cannot

remedy remedy those conditions within those conditions within aareasonable period period of time, time, the the services services or or assistance assistance reasonably

available to the parent are not likely to remedy the conditions which led to the removal, or

placement placement of Children within a a reasonable period period of time and termination of the parental rights

27 27 would would best serve the needs and welfare welfare of of Child. Child. The The fundamental test of termination test of termination of of parental

rights under subsection 55of 2511 requires requires the Agency Agency to show that: that:

(1) Child has been removed from parental care for at (l) at least six months; months; (2) (2) the conditions which led to removal and placement placement of Child continue to exist; and (3) and termination of parental would best parental rights would serve the best serve needs and welfare the needs Child. welfare of Child.

In Irere K.Z.S., 946 A.2d 753, 754 754 (Pa. super. 2008).

conditions that Where conditions that led to removal or placement placement continue to exist and aaparent parent cannot cannot

remedy the conditions within aareasonable or will not remedy reasonable time, time, termination termination is appropriate. In I re

D.B.J., 160 A.3d 246 (Pa. Super. Involuntary Termination of Parental Rights 10 D.B.J, 2017). Super, 2017)

(concluding that termination was appropriate (concluding appropriate where Father Father did not not comply with the reunification with the

plan, the family plan, met none of the family service plan plan goals, and demonstrated an incapacity incapacity to perform

duties). parental duties).

As As the demonstrate, the the Findings demonstrate, the services and Father by the services offered to Mother and the Agency Agency

were not were not utilized utilized to sufficiently sufficiently remedy remedy the circumstances circumstances leading leading to Children's removal to the Children's removal and

pre-adoptive pre-adoptive placement. placement. The Agency Agency established by clear and each and convincing evidence that each

Child's health, safety, safety, welfare, and overall best interests will be served by terminating the

parental rights rights of their natural parents. parents. Moreover, even if Mother or Father were to continue

using services using services and utilize those services utilize those services reliably, they they could could not not remedy remedy the circumstances circumstances within

aareasonable reasonable time. time

Court, since July 12, 2022, and continue to remain in The Children were placed the Court,

placement. than six placement. Clearly, more than six (b) (6) months elapsed. elapsed. All five five (5) them are safe and secure (5) of them

under the loving under loving roof of pre-adoptive roof of parents. Each pre-adoptive parents. Each Child Child is is thriving. thriving. The The Foster Foster family is is

faithfully faithfully and diligently utilizing the services diligently utilizing services offered offered to them them by the Agency Agency for the betterment

of the Children and to help help them understand the process.

28 28 (8) been removed from the are (8) Child has been care of the parent by by the court or under a a

voluntary agreement voluntary agreement with an agency, 12 L2 months or more have elapsed from the date removal or placement, the conditions which led to the removal or placement of of reroval exist and Child continue to exist and termination of parental rights would best serve the needs needs

and and welfare welfare of Child. Child.

The Agency Agency established by and convincing by clear and convincing evidence the Children were removed

from the care of aaparent, parent, more than 12 I2 months have elapsed from the date of removal or

placement, the conditions which led to the removal or placement of Child continue to exist, and

termination of parental rights will best serve the needs and welfare of Child. parental rights

Termination under Termination under this this Subsection Subsection does not require evaluating whether require evaluating whether a aparent parent is is willing willing

to remedy the conditions that led to or able to to placement; it only requires that that the conditions exist

"after the twelve month period after period has elapsed," recognizing that a achild's life cannot be held in

abeyance while aa parent parent is unable to perform actions necessary to assume parenting

ofR. K. responsibilities. In re Adoption ofR. K Y., 72 A.3d at 671 (addressing (addressing facts where aamother was

to refrain from using drugs unable to drugs and alcohol, participate in mental health treatment, and secure alcohol, participate

and housing, despite initially making employment and making progress).

Courts may not Courts any effort not consider any by a effort by aparent parent to to remedy the the conditions described in

Subsection (a)(8), (a8), if that that remedy remedy was initiated after after the parent parent was given given notice notice that that the

termination petition had been termination been filed. In re ZP., Z.P., 994 A.2d at 1112. A A court may consider post-

petition efforts if the efforts efforts were initiated before the filing filing of the termination petition petition and

continued after the petition date. date. Id. The post-Petition efforts by to remedy the by Mother and Father to

to removal and placement are minimal, primarily due to thumbing their conditions leading to their noses

at the Agency's reasonable efforts toward reunification, illegal drug use and serious criminal

29 29 activity, activity, and incarcerations. Little consideration is given to the token post-Petition efforts by

either Parent.

Services were offered to Father, which he failed to to adequately utilize. Because Father did

not take take necessary necessary steps remedy the circumstances which led to each Child's removal, the Agency steps remedy

established, by established, and convincing by clear and convincing evidence, evidence, that that it it would serve Children's needs and welfare would serve welfare

to terminate Father's parental rights. to rights. It has two (2) years, since the initial detention. has been almost two

Similarly, it has Similarly, has been well well over over 2 12 months since Children's removal removal from from Mother's care care

and the conditions which led to their removal still exist. Initially, Mother was making legitimate

progress, complied with progress, complied with the Agency's Agency's Service Plan, and even had Children returned to to her care

for extended visitations over weekends. Despite Despite her initial progress, Mother seriously stumbled

by facing by facing aapending pending felony charge allegedly dealing fentany]. charge for allegedly fentanyl. Her attempts attempts to remedy remedy the

dependency circumstances causing the Children's removal failed on all fronts. Mother is unable

change her change her lifestyle away from lifestyle away continued involvement from continued involvement with with illegal illegal drugs, drugs, whether whether using using or or

selling.

As the Findings demonstrate, the many services offered to Mother were not effectively

by her utilized by to remedy her to leading to remedy the circumstances leading to the Children's removal. The Agency Agency by

eliciting credible testimony eliciting credible testimony from numerous witnesses from numerous witnesses established, established, by clear and convincing by clear convincing

evidence, that evidence, that it it serves serves the Children's Children's needs needs and welfare to terminate terminate Mother's Mother's parental rights. rights.

Moreover, even if Mother were to continue using services and start using them reliably, she could

not remedy the circumstances within a remedy the areasonable reasonable time time

(b) The court (b) court in terminating the in terminating the rights rights of a parent shall give a parent give primary primary consideration to the to developmental, physical the developmental, physical and and emotional emotional needs needs and and welfare of Child. The rights welfare of rights of of aaparent parent shall shall not not be solely on be terminated solely on the the basis basis of of environmental environmental factors such factors such as inadequate as inadequate housing, furnishings, income, housing, furnishings, income, clothing clothing and medical care and medical care if if found found to be be

30 30 beyond the control of the parent. With respect respect to any petition filed pursuant to

subsection (a)(1), subsection the court shall not (a)(l), the by the not consider any efforts by the parents parents to to remedy the described therein which are first initiated subsequent to the giving conditions deseribed giving of

notice of the filing filing of the petition.

and foremost, the Court gives primary First and primary consideration to the needs and welfare of these

Children in rendering its decision. With With respect respect to Section (a)(1 (a)l)) and and (a)(8), (a)(8), the Court is not

considering any efforts by Mother and Father to remedy the conditions described therein which

were first initiated subsequent to to the giving of notice of the filing of the the petition. petition. However, the

Court is considered this evidence under the other sections, as may be appropriate.

"In a In a case involving the termination of parental rights, the trial court is required to consider

whatever bond may exist between Child and parent, as well as the emotional effect that

termination will have upon upon Child." In ofA. l re Adoption of C.H., 803 A.CH., 803,4.2d 4.2d 224, 229 229 (Pa. Super. 2002) 2002).

Court recognizes that This Court that a strong, positive a strong, positive bond existing existing between a achild child and and parents parents must give give

rise to careful reflection before granting involuntary termination because some harm may result

from severing parental bonds with their child or or.children. children.

Credible testimony Credible testimony was by the was presented by the individuals from from the BAIR BAIR Foundation indicating indicating

the Children are well-adjusted in the pre-adoptive Foster home in Crawford County, County, which

began 27, 2022. They began on October 27,2022. They are excited to to see their Foster parents and their extended family. parents and family.

Foster Mother is aastay-at-home mother, while Foster Father works outside of the home. 'The The

Foster family has not requested any additional additional services or assistance from the Agency. The four Agency. The

(4) older (4) older Children say say they they want want to adopted and to be adopted and remain in in the Foster Foster home. home

the Children are very connected to All of the to one another. The older boys boys refer to the the Foster

home their "dream home as their "dream home." However, the the Children Children mention supportive supportive family family members, such members, such

31 as "Grandma Tony" as "Grandma Tony" (Theresa (Theresa Harold). Madison Oakes Harold). Madison Oakes of of the the BAIR BAIR Foundation Foundation indicates the indicates the

Children sometimes struggle struggle finding finding total happiness with Foster family, but also do not want to

say anything say anything bad bad about about Mother Father. Ms. Oakes Mother and Father. believes the Oakes believes the Children Children experience experience some some

guilt both with placement and being with placement happy in placement. being happy placement.

It is no surprise It surprise the Children remain somewhat the Children somewhat bonded with with Mother and Father, Father, who each each

express genuine express genuine love and affection love and affection for their their children. children. However, "...the mere existence of However,"...the of a abond bond

or attachment of aachild to aaparent will not not necessarily necessarily result in the denial of aatermination

petition." l petition." In re re T.S.M., 71 A.3d 251, 267 (Pa. (Pa. 2013). Ongoing stability, Ongoing continuity, and stability, continuity, and

permanency are permanency are critical critical to to the and welfare the health and welfare of of dependent dependent children children and and must must take take priority. priority.

The Children's The Children's need safety, stability, need for safety, stability, and permanency clearly outweigh permanency clearly outweigh any any potential potential

harm to harm to the Children Children from the the severing severing their bond bond with Mother and and Father. Father. These These Parents Parents

very little demonstrated very little conscious conscious effort effort to to ensure ensure the the safety safety and and wellbeing wellbeing of of their their children. children.

Father remained incarcerated during the entirety of the dependency proceedings and Mother has dependency proceedings

been in and out in and out of of jail jail during during the the proceedings. She also proceedings. She also is is facing some serious facing some serious drug drug related related

charges.

The Children The Children have been been involved involved with with the the Agency Agency for more than two two (2) Q2) two two years. years. They They

safe, secure, safe, secure, protected, protected, and stable, above and stable, above all all else. else. In In re re SB., SB., 943 943,4.2d 973 (Pa. A.2d 973 (Pa. Super. Super. 2008) is 2008) is

instructive where the inability or unwillingness unwillingness of aamother and father to to remedy drug and alcohol remedy drug

abuse problems, cause it problems, cause it to be be in in the best interests interests of of their their child child to have ,the to have parental rights ,the parental rights

terminated, terminated, so so the child can the child find safety, permanency, can find permanency, and and stability. stability.

The Court The Court regrettably regrettably recognizes Children may recognizes these Children may suffer suffer some some grief grief and and loss loss with the with the

termination of parental rights of Mother and Father, which will extinguish extinguish the relationship relationship with with

Mother's extended Mother's extended family members. However, family members. after providing However, after providing opportunities opportunities for successful for successful

32 reunification, the Court must ultimately be especially keen keen to the Children's best interests interests by

ensuring a ensuring asafe, safe, stable, and and permanent permanent home for them, free from their parent's self-destructive

lifestyles.

Therefore, Therefore, the parental parental rights rights of Mother and Father to to their five (5) minor children shall

forever be be terminated.

The Decree of Termination shall be issued:

33 33