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

Superior Court of Pennsylvania·Decided August 4, 2022·No. 352 MDA 2022·Unpublished

Opinion

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37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

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

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.

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

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 if the record could also support the opposite result.” In re Adoption of T.B.B., 835 A.2d 387, 394 (Pa.Super. 2003) (citation omitted).

The termination of parental rights is governed by Section 2511 of the Adoption Act, 23 Pa.C.S.A. §§ 2101-2938, and requires a bifurcated analysis of the grounds for termination followed by the needs and welfare of the child.

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