In the Int. of: C.M., Appeal of: S.M.

Superior Court of Pennsylvania·Decided March 19, 2025·No. 3150 EDA 2024·Unpublished

Opinion

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN THE INTEREST OF: C.M., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA :

:

APPEAL OF: S.M., FATHER :

:

:

:

: No. 3150 EDA 2024

Appeal from the Decree Entered October 28, 2024 In the Court of Common Pleas of Pike County Civil Division at No(s): 13-

2024-OA

BEFORE: LAZARUS, P.J., BECK, J., and STEVENS, P.J.E.* MEMORANDUM BY STEVENS, P.J.E.: FILED MARCH 19, 2025 S.M. (“Father”) appeals from the decree entered in the Court of Common Pleas of Pike County, which involuntarily terminated his parental rights to his minor child, C.M. (“Child”) (born in May of 2019), pursuant to Section 2511 of the Adoption Act, 23 Pa.C.S.A. §§ 2101-2938.1 Father’s appointed counsel, Lindsey Collins, Esquire, has filed an Anders2 brief, along with a petition

* Former Justice specially assigned to the Superior Court.

1 We note biological Mother voluntarily consented to the relinquishment of her parental rights as to Child, and she is not a party to this appeal. 2 See Anders v. California, 386 U.S. 738 (1967), and Commonwealth v.

Santiago, 602 Pa. 159, 978 A.2d 349 (2009). The Anders principles and process have been extended to appeals involving the termination of parental rights. See In re V.E., 611 A.2d 1267 (Pa.Super. 1992) (extending Anders briefing requirements to termination of parental rights appeals involving indigent parents represented by court-appointed counsel).

seeking to withdraw from representing Father on appeal. After a careful review, we affirm the trial court’s decree and grant counsel’s petition to withdraw.

The relevant facts and procedural history are as follows: Child suffers from severe developmental delays, is non-verbal, and is on the autism spectrum. In December of 2022, a Pike County Children and Youth (“CYS”) caseworker went to Father’s home, which he shared with his girlfriend, her two children, and Child.3 During the visit, the CYS caseworker observed on the outside of Child’s bedroom door a padlock, which, although unlocked, prevented Child from opening the door. The CYS caseworker opened the door and observed an unlit room with a mattress on the floor and feces smeared on the wall.

On February 13, 2023, a CYS caseworker visited Father’s home unannounced, observing once again a padlock on Child’s bedroom door. N.T., 12/20/23, at 8. CYS immediately called the Pennsylvania State Police. Id. Upon arrival, the police conducted a search of the home and discovered Child padlocked in the unlit bedroom. Id. Child was naked and covered in feces. Id. The walls were smeared with feces. Id. A bare mattress, lying on the

3 The caseworker, who had been involved with Father’s girlfriend’s family since

April of 2022, was at the home to provide follow-up services, as well as to investigate reports of unsupervised children in the home, dental neglect, and the children’s behavior. See CYS Emergency Shelter Care Application, 2/14/23, at 4.

floor of the room, was covered in fecal matter, urine stains, and dead bugs. Id. Father and his girlfriend were arrested. At this time, biological Mother was involved in an unrelated dependency proceeding in Columbia County due to an incident involving her infant child.

On February 13, 2023, the trial court granted CYS emergency protective custody of Child. On February 16, 2023, the trial court entered a shelter care order granting physical and legal custody of Child to CYS, as well as placing Child in foster care with his current foster family. 4 On February 17, 2023, CYS filed a dependency petition, and an adjudicatory hearing was held on February 27, 2023.

Following the hearing, the trial court entered an order declaring Child dependent; concluding Child was the victim of abuse having “suffered from serious physical neglect which threatened [C]hild’s life, development[,] and health,” 23 Pa.C.S.A. § 6303; and determining that Father was Child’s abuser and “responsible for [Child’s] serious physical neglect and endangerment.” Trial Court Order, filed 2/27/23.

4 This Court previously recognized that Child’s foster family is an adoptive resource and has specialized knowledge of caring for children with developmental delays/disabilities. See In the Interest of C.M., No. 362 EDA 2024 (Pa.Super. filed 7/30/24) (unpublished memorandum).

In June of 2023, Father pled guilty to three counts of endangering the welfare of children,5 and pursuant to his negotiated plea agreement, he was sentenced in August of 2023 to three concurrent terms of 14 to 60 months in prison, with 185 days of credit for time served.

On August 2, 2023, the trial court held a permanency hearing, after which it concluded visitation between Child and Father would be contrary to Child’s safety and well-being. Trial Court Order, filed 8/2/23. The trial court found Father was minimally compliant with the service plan and had made no progress toward alleviating the conditions leading to Child’s placement. Id.

On October 6, 2023, CYS filed a petition to change the placement goal to adoption. On December 20, 2023, the trial court held a permanency review and goal change hearing. At the end of the hearing, the trial court granted CYS’s goal change request. On December 21, 2023, the trial court entered a permanency review order reflecting the changed goal; noted Father, who was incarcerated at SCI Dallas with no definitive release date, made no progress in alleviating the circumstances leading to Child’s original placement; found Father minimally compliant with the permanency plan; and found CYS made reasonable efforts to finalize Child’s permanency plan.

5 We note the three counts relate to each child in the house under Father’s

care at the time of his arrest: Child and Father’s girlfriend’s two children. In the Interest of C.M, supra. Moreover, we note Father has a prior conviction, not related to Child, for unlawful contact with a minor, and as a result thereof, he has been deemed a Tier II sex offender. See id.

Father filed a timely appeal from the trial court’s December 21, 2023, order changing the placement goal from a concurrent goal of reunification and adoption to adoption alone. On July 30, 2024, this Court affirmed the trial court’s December 21, 2023, order.6 See In the Interest of C.M., supra.

On August 21, 2024, CYS filed a petition for the involuntary termination of Father’s parental rights as to Child. Specifically, CYS sought termination under 23 Pa.C.S.A. § 2511(a)(5), (8) and (b). CYS noted Christian Weed, Esquire, was Child’s court-appointed guardian ad litem (“GAL”), and CYS indicated the facts and circumstances demonstrate no conflict such that Attorney Weed should also be appointed Child’s legal counsel. The trial court set October 23, 2024, as the hearing date for the involuntary termination proceedings, and finding no conflict between the best and legal interests of Child, the trial court appointed the GAL, Attorney Weed, as legal counsel for Child.

On October 23, 2024, Father, along with his counsel, and Attorney Weed, on behalf of Child, appeared for the termination hearing at which CYS caseworker Bernadette Parry and Father testified. Specifically, Ms. Parry testified she has been involved in the instant matter since the end of March of 2023. N.T., 10/23/24, at 5. Ms. Parry indicated she was involved with the removal of Child from Father’s home on February 13, 2023. Id. at 6. She

6 Father did not seek review with our Supreme Court.

confirmed that she observed a padlock on Child’s bedroom door, and Child, who was at the time three years old, was found naked in the unlit bedroom. Id. The room and Child were covered in feces. Id. Ms. Parry testified Child, who is autistic, continues to be nonverbal. Id.

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In the Int. of: C.M., Appeal of: S.M., (Pa. Ct. App. 2025).

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