In the Int. of: B.M.F., a Minor

CourtSuperior Court of Pennsylvania
DecidedAugust 4, 2022
Docket352 MDA 2022
StatusUnpublished

This text of In the Int. of: B.M.F., a Minor (In the Int. of: B.M.F., a Minor) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In the Int. of: B.M.F., a Minor, (Pa. Ct. App. 2022).

Opinion

J-A19044-22

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

IN THE INTEREST OF B.M.F., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: M.F., MOTHER : : : : : No. 352 MDA 2022

Appeal from the Decree Entered January 28, 2022 In the Court of Common Pleas of Luzerne County Orphans' Court at No(s): A-9166

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

MEMORANDUM BY STEVENS, P.J.E.: FILED: AUGUST 4, 2022

Appellant, M.F. (“Mother”), files this appeal from the order entered

January 28, 2022, in the Luzerne County Court of Common Pleas, granting

the petition of the Luzerne County Children and Youth Services (“CYS” or “the

agency”) to involuntarily terminate Mother’s parental rights to her minor,

female child, B.M.F., born in August 2019 (“Child”), pursuant to the Adoption

Act, 23 Pa.C.S.A. § 2511(a)(5), (8), and (b).1 After careful review, we affirm.

Shortly after Child’s birth in August 2019, hospital staff contacted CYS

with concerns that Mother had significant difficulties caring for Child’s basic

needs (e.g. changing her diaper and feeding her). Petition for Termination,

6/30/21, at 2-3; Notes of Testimony (N.T.), 1/20/22, at 66. Hospital staff

____________________________________________

* Former Justice specially assigned to the Superior Court.

1 Child’s biological father is deceased. J-A19044-22

reported that Mother exhibited resistance to their attempts to guide her with

Child’s care and Mother would not wake up to change or feed Child. Petition

for Termination, 6/30/21, at 2-3. CYS was informed that Mother has cerebral

palsy, but Mother insisted she does not need medical care. Id.

Child was placed in CYS’s care through an emergency shelter care order

several days after her birth. On August 27, 2019, the Orphans’ Court held

an adjudicatory and dispositional hearing at which Mother was ordered to

submit to parenting classes and undergo a mental health examination.

Thereafter, CYS referred the case to the Family Service Association of

Northeastern Pennsylvania, which performed an assessment of Mother’s

ability to parent Child. Mother was given a case plan in the intensive family

reunification services program with four specific goals: (1) to understand

Child’s basic safety needs and care, (2) to emphasize Mother’s ability to bond

with Child, (3) to understand the importance of the overall health and mental

health of both Mother and Child, and (4) to establish age appropriate

expectations for Child. N.T., 1/20/22, at 9-10.

Mother had weekly supervised visits at the agency from September

2019 through March 2020. When the COVID pandemic began in March 2020,

in-person visits were suspended and Mother was only permitted video/phone

visits. After Mother had spent a year in the intensive family reunification

services program, her case was closed due to her lack of progress on her goals

and her inability to progress further. Id. at 11, 21. Mother also exhibited

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significant safety concerns at the time of closure such that caseworkers felt it

would not be safe to leave Child in Mother’s care. Id. at 11.

As Child grew, medical professionals discovered that Child has genetic

chromosomal abnormalities and noted Child exhibited developmental delay.

Child was scheduled for weekly physical therapy, occupational therapy, and

speech therapy as well as visits with a genetic specialist. Id. at 67-69.

In April 2021, Mother submitted to a second assessment by the Family

Service Association to assist in the reunification of Mother with Child, given

that she now had the support of her paramour, J.A. Thereafter, Mother and

J.A. were given a family service plan with the following goals: (1) to obtain a

better understanding of their parenting skills, (2) to recognize Child’s

developmental delays, (3) to appreciate Child’s need for care and the efforts

it would take to parent a child with delay and mobility issues, and (4) to obtain

and maintain appropriate housing as well as gain self-sufficiency. Id. at 28.

Approximately twenty-two months after Child’s birth, CYS reported that

Mother exhibited minimal progress on her latest family service plan. On June

14, 2021, CYS filed a petition to terminate Mother’s parental rights to Child. 2

The Orphans’ Court held hearings on January 20, 2022 and January 26, 2022.

CYS offered the testimony of Marisue Sack (case manager for the Intensive

Family Reunification Services program at Family Services Association),

Rebecca Ciliberto (case manager for the Intensive Family Reunification

2 CYS filed an amended termination petition on June 30, 2021.

-3- J-A19044-22

Services program at Family Services Association), Jessica Sprow (support

worker and social service aide at CYS), and Megan Donovan (caseworker at

CYS). Mother testified on her own behalf and called J.A. to testify as well.

By decree entered January 28, 2022, the Orphans’ Court terminated

Mother’s parental rights pursuant to 23 Pa.C.S.A. § 2511(a)(5), (8) and (b).

Thereafter, on February 22, 2022, Mother, through counsel, filed a timely

notice of appeal, as well as a concise statement of errors complained of on

appeal pursuant to Pa.R.A.P. 1925(a)(2)(i) and (b).

On appeal, Mother raises the following issues for our review:

1. Whether the trial court erred in terminating parental rights and/or abused its discretion with respect to Title 23 Pa. Section 2511(a) of the Adoption Act?

2. Whether the trial court erred in terminating parental rights and/or abused its discretion with respect to Title 23 Pa. Section 2511(b) of the Adoption Act?

Mother’s Brief, at 3 (suggested answers omitted).

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.” In re Adoption of S.P., [616 Pa. 309, 325, 47 A.3d 817, 826 (2012)]. “If the factual findings are supported, appellate courts review to determine if the trial court made an error of law or abused its discretion.” Id. “[A] decision may be reversed for an abuse of discretion only upon demonstration of manifest unreasonableness, partiality, prejudice, bias, or ill-will.” Id. The trial court’s decision, however, should not be reversed merely because the record would support a different result. Id. at 827. We have previously emphasized our deference to trial courts that often have first-hand observations of the parties

-4- J-A19044-22

spanning multiple hearings. See In re R.J.T., [608 Pa. 9, 26-27, 9 A.3d 1179, 1190 (2010)].

In re T.S.M., 620 Pa. 602, 628, 71 A.3d 251, 267 (2013). “The trial court is

free to believe all, part, or none of the evidence presented and is likewise free

to make all credibility determinations and resolve conflicts in the evidence.”

In re M.G. & J.G., 855 A.2d 68, 73-74 (Pa.Super. 2004) (citation omitted).

“[I]f competent evidence supports the trial court’s findings, we will affirm even

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