In the Int. of: K.L., Appeal of: D.L.

CourtSuperior Court of Pennsylvania
DecidedJune 2, 2025
Docket187 EDA 2025
StatusUnpublished

This text of In the Int. of: K.L., Appeal of: D.L. (In the Int. of: K.L., Appeal of: D.L.) 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: K.L., Appeal of: D.L., (Pa. Ct. App. 2025).

Opinion

J-S17010-25 & J-S17011-25

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN THE INTEREST OF: K.L., A MINOR : IN THE SUPERIOR COURT OF : PENNSYLVANIA : APPEAL OF: D.L. : : : : : : No. 187 EDA 2025

Appeal from the Order Entered January 3, 2025 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-DP-0000839-2015

IN THE INTEREST OF: K.N.L., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: D.L. : : : : : No. 188 EDA 2025

Appeal from the Order Entered December 23, 2024 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-AP-0000172-2017

BEFORE: MURRAY, J., McLAUGHLIN, J., and KING, J.

MEMORANDUM BY MURRAY, J.: FILED JUNE 2, 2025

In these consolidated appeals, D.L. (Grandmother), maternal

grandmother of K.L., a female born in March 2010 (Child), appeals from the

juvenile court’s orders denying her petition to adopt Child and dismissing her J-S17010-25 & J-S17011-25

custody complaint as moot.1 Additionally, Grandmother’s counsel (Counsel)

has filed Anders2 briefs, which include documents entitled “Petition to

Withdraw Appearance of Counsel.” After careful consideration, we grant

Counsel’s petitions to withdraw and affirm the orders.

As described by the juvenile court,

[o]n March 31, 2015, at five years old, [Child] came into [the custody of the Philadelphia Department of Human Services (DHS)]. [Child] was removed from the care of [T.B.]3 and [T.B.’s] mother, [R.B.P.] [R.B.P.] was [Child’s] legal guardian at the time. [Child] lived with [T.B.], whom she referred to as “dad,” and [R.B.P.] from shortly after birth until her removal from their care. On August 3, 2015, [Child] was adjudicated dependent and fully committed to DHS. [Dependency Order, 8/3/15, at 1.] On March ____________________________________________

1 At 187 EDA 2025, Grandmother appeals the juvenile court’s order dismissing

as moot her custody complaint. At 188 EDA 2025, Grandmother appeals the juvenile court’s order denying her petition for adoption. We hereinafter refer to 187 EDA 2025 as the custody case, and 188 EDA 2025 as the adoption case.

2 Anders v. California, 386 U.S. 738 (1967); see also In re S.M.B., 856

A.2d 1235, 1237 (Pa. Super. 2004) (explaining that the Anders procedure for withdrawal of court-appointed counsel has been extended to appeals involving termination of parental rights); In re J.D.H., 171 A.3d 903, 906 (Pa. Super. 2017) (holding that the Anders procedure applies “in appeals from [permanency] goal change orders, even in the absence of an involuntary termination decree.”).

3 In a prior appeal, our Supreme Court explained that T.B. “claimed he had

been a romantic partner and longtime friend of [C]hild’s biological mother, as well as a live-in parental caregiver for [C]hild from the time she was four days old until her removal from [R.B.P.’s] home[.]” Interest of K.N.L., 284 A.3d 121, 127 (Pa. 2022). The K.N.L. Court further explained that the “initials ‘T.B.’ reflect the functional name of [T.B.], also known by ‘L.B.’[,] corresponding to his legal name and sex assigned at birth.” Id. at 127 n.3; see also Juvenile Court Opinion, 12/23/24, at 1 n.1 (the juvenile court noting that T.B.’s sex “was assigned female at birth[.]”).

-2- J-S17010-25 & J-S17011-25

6, 2017, the parental rights of [Child’s] biological mother[ (biological mother)], putative father, and all unknown putative fathers were terminated. [Child] moved through numerous foster homes before being placed in her current foster home [with her foster mother, K.D. (Foster Mother).]

Juvenile Court Opinion, 12/23/24, at 1 (footnote in original omitted; one

footnote added).

On October 24, 2018, following the termination of biological parents’

rights to Child, S.G., Child’s prior foster mother, filed a petition for adoption. 4

DHS did not consent to the adoption and sought to remove Child from S.G.’s

care. In the interim, on May 6, 2019, D.M., Child’s maternal aunt (Aunt), filed

a motion to intervene, and, on June 19, 2019, filed a petition to adopt Child. 5

S.G. subsequently withdrew her petition for adoption. In November 2019,

DHS placed Child with Foster Mother.

On December 12, 2019, T.B. moved to intervene in Aunt’s adoption

proceedings, and filed his own petition to adopt Child on January 3, 2020. On

January 26, 2021, the matter proceeded to a hearing, after which the juvenile

____________________________________________

4 The certified record discloses that on March 26, 2019, biological mother sent

correspondence to the Adoption Branch of the Philadelphia Court of Common Pleas’ Family Division, objecting to Child’s proposed adoption. Objection, 3/26/19, at 1-2 (unpaginated). In response, the Adoption Branch sent correspondence informing biological mother that her parental rights were terminated in 2017, and advising her to seek counsel “for further purposes regarding your intentions.” Correspondence, 5/6/19, at 1. We observe that “[a] decree terminating all rights of a parent … entered by a court of competent jurisdiction shall extinguish the power or the right of the parent to object to or receive notice of adoption proceedings.” 23 Pa.C.S.A. § 2521(a).

5 Aunt filed an amended petition for adoption on February 26, 2020.

-3- J-S17010-25 & J-S17011-25

court denied T.B.’s motion to intervene for lack of standing. T.B. appealed

and, ultimately, on October 19, 2022, our Supreme Court concluded “the

juvenile court applied an incorrect analysis of [T.B.’s] standing to intervene in

an adoption based on his asserted in loco parentis status, and therefore

misapplied the law.” K.N.L., 284 A.3d at 150. The K.N.L. Court remanded

the matter for a hearing de novo on standing before a different judge. Id. at

151.6

In 2021, during the pendency of T.B.’s appeal, both T.B. and

Grandmother filed pro se complaints seeking custody of Child. Pertinently, in

her custody complaint, Grandmother averred that she had “the capacity and

resources to provide for [C]hild[,]” and argued that Child “needs to be with

her family who will give her the support she needs to grow into a respectable

young adult.” Custody Complaint, 11/3/21, at 4 (unpaginated).

On February 14, 2022, the juvenile court continued the custody matter

pending the Supreme Court’s decision in K.N.L. Order, 2/14/22. On March

25, 2022, Grandmother filed a counseled petition to intervene in Aunt and

T.B.’s adoption proceedings. Therein, Grandmother averred that “[b]ecause

6 Upon remand, the matter was transferred from the Honorable Daine Grey,

Jr., to the Honorable Deborah L. Canty, who presided over all subsequent proceedings pertinent to this appeal. On May 28, 2024, at the conclusion of T.B.’s case-in-chief at the adoption/custody hearing, the juvenile court found that T.B. had previously stood in loco parentis to Child, and, consequently, had standing to seek custody and adoption of Child. See N.T., 5/28/24, at 329.

-4- J-S17010-25 & J-S17011-25

of the strong psychological and emotional bond between [G]randmother and

[C]hild, it will … drastically affect the best interests of [C]hild if [C]hild is not

allowed to be reunited with [G]randmother.” Petition to Intervene, 3/25/22,

at 2 (unpaginated). On January 19, 2023, Foster Mother filed a petition to

adopt Child. On February 1, 2023, upon T.B.’s motion, the juvenile court

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