In the Int. of: K.M., Appeal of: K.M.

CourtSuperior Court of Pennsylvania
DecidedApril 21, 2023
Docket2215 EDA 2022
StatusUnpublished

This text of In the Int. of: K.M., Appeal of: K.M. (In the Int. of: K.M., Appeal of: K.M.) 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.M., Appeal of: K.M., (Pa. Ct. App. 2023).

Opinion

J-S03032-23

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

IN THE INTEREST OF: K.M., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: K.M., MOTHER : : : : : No. 2215 EDA 2022

Appeal from the Order Entered August 5, 2022 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-DP-0000494-2020

IN THE INTEREST OF: K.R.M., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: K.M., MOTHER : : : : : No. 2216 EDA 2022

Appeal from the Decree Entered August 5, 2022 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-AP-0000774-2021

IN THE INTEREST OF: A.M.-P., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: K.M., MOTHER : : : : : No. 2217 EDA 2022

Appeal from the Order Entered August 5, 2022 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-DP-0000495-2020 J-S03032-23

IN THE INTEREST OF: A.A.P.-M., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: K.M., MOTHER : : : : : No. 2218 EDA 2022

Appeal from the Decree Entered August 5, 2022 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-AP-0000775-2021

IN THE INTEREST OF: E.M.-P., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: K.M., MOTHER : : : : : No. 2219 EDA 2022

Appeal from the Order Entered August 5, 2022 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-DP-0000496-2020

IN THE INTEREST OF: E.L.M., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: K.M., MOTHER : : : : : No. 2220 EDA 2022

Appeal from the Decree Entered August 5, 2022 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-AP-0000776-2020

BEFORE: BOWES, J., McCAFFERY, J., and SULLIVAN, J.

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MEMORANDUM BY SULLIVAN, J.: FILED APRIL 21, 2023

K.M. (“Mother”) appeals from the decrees granting the petitions filed by

the Philadelphia Department of Human Services (“DHS”) to involuntarily

terminate her parental rights to her children, K.M. (born September 2013),

E.M.-P. (born January 2017), and A.M.-P (born May 2018) (collectively,

“Children”).1 Mother also appeals from the orders in Children’s dependency

cases changing their permanency goals from reunification to adoption. After

careful review, we affirm the termination decrees and dismiss the appeals

from the goal change orders as moot.

The relevant facts and procedural history are as follows. In April 2020,

DHS received a report that two-year-old E.M.-P. had a blunt force fracture to

the femur of his right leg which neither Mother nor his father (“Father”) could

explain, and that neither parent had taken the child to the hospital for more

than twenty-four hours, despite the fact that E.M.-P. experienced significant

pain requiring morphine. See N.T., 8/5/22, at 11, 44-47, 74. DHS applied

for and received orders of protective custody (“OPC”) for Children. In June

2020, the court adjudicated Children dependent. A court subsequently found

____________________________________________

1 The Children are also identified as “K.R.M.,” “A.A.P.-M.,” and “E.L.M.” The trial court previously terminated the parental rights of the fathers of the three children. See N.T., 8/5/22, at 5-6. None of the fathers appealed those determinations or participated in this appeal.

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Mother and Father had committed child abuse. See id. at 45.2 The court

conducted subsequent periodic permanency review hearings.

On December 27, 2021, DHS filed petitions for the involuntary

termination of Mother’s parental rights to Children pursuant to 23 Pa.C.S.A.

§ 2511(a)(1), (2), (5), (8), and (b), and on December 28, 2021, it filed

separate petitions to change Children’s permanency goals from reunification

to adoption. See N.T., 8/5/22, at 22. On August 5, 2022, the trial court

conducted an evidentiary hearing on the petitions, when Children were ages

eight, five, and four, respectively. A guardian ad litem (“GAL”) and separate

legal counsel represented Children. Counsel represented Mother.

At the hearing, Community Umbrella Agency (“CUA”) case manager

Shavonne Jackson (“Jackson”), testified that she became involved in the case

in June 2021. See id. at 10-11. She spoke to Mother and discussed the

warrant for Mother’s arrest in relation to E.M.-P.’s injury, for which Mother

finally surrendered herself more than eight months after the warrant issued.

See id. at 12-13, 39.3 As of June 2021, sixth months prior to the date DHS

2 At the time of the involuntary termination proceeding, Mother had a pending criminal trial for charges related to the incident. See N.T., 8/5/22, at 38-39, 48. 3Mother had refused to give Jackson her address prior to her arrest for fear she would be taken into custody, and did not provide it until April 2022. See N.T., 8/5/22, at 24-25, 62. At the time of the hearing, Mother lived with her partner and new child in a one-bedroom apartment. See id. at 25-26.

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filed its involuntary termination petitions, Mother’s single case plan (“SCP”)

objectives were to attend a Women’s Empowerment group and Achieving

Reunification Center (“ARC”) classes for parenting, housing, and employment,

complete a Parenting Capacity Evaluation (“PCE”), attend supervised visits

with Children virtually or in person as scheduled, receive mental health

treatment, and secure appropriate housing and employment. See id. at 13-

14. Mother’s primary therapeutic objective required her to acknowledge

E.M.-P.’s abuse and her role in that abuse. See id. at 48, 58. Mother did not

receive any mental health treatment between June 2021 and May 2022, see

id. at 35-36, and never acknowledged her part in E.M.-P.’s abuse, see id. at

48, 58, 86, 111.4 From June to December 2021, Mother missed twelve of

twenty-four virtual and in-person visits with Children. See id. at 17-24, 43.

Mother completed parenting classes in December 2020. After having

been terminated from ARC classes in August 2021 for “unsuccessful parent

engagement,” she completed parenting classes again in May 2022. See id.

at 27-29, 33-34. ARC terminated Mother from housing classes in November

2021. She later completed the first of two parts of that class. See id. at 30.

Mother currently lives with her new child and the child’s father in a one-

4 Even with the mental health therapy that Mother said she began receiving in May 2022, she said she did not understand the basis for the termination proceedings because she had not inflicted E.M.-P.’s injuries and asserted she had done the best she could to get him to the hospital after his injury. See N.T., 8/5/22, at 37-38.

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bedroom apartment that would not be appropriate for reunification with

Children. See id. at 30-31. Although Mother expressed a desire to move, at

the time of the termination hearing she had not taken any steps to do so. See

id. at 62-63.

Mother did not complete financial education classes and had not

completed Women’s Empowerment classes at the time of the termination

hearing despite having had more than one year to do so. See id. at 31-32,

48-49. CUA case manager Jackson rated Mother ‘moderately-to-substantially’

compliant with her SCP objectives at the time of the termination hearing, but

minimally compliant as of the time of the filing of the involuntary termination

petitions. See id. at 39-40.

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Related

In Re Involuntary Termination of C.W.S.M.
839 A.2d 410 (Superior Court of Pennsylvania, 2003)
In Re B.,N.M.
856 A.2d 847 (Superior Court of Pennsylvania, 2004)
In re B.L.W.
843 A.2d 380 (Superior Court of Pennsylvania, 2004)
In the Interest of K.Z.S.
946 A.2d 753 (Superior Court of Pennsylvania, 2008)
In re Z.P.
994 A.2d 1108 (Superior Court of Pennsylvania, 2010)
In the Interest of A.S.
11 A.3d 473 (Superior Court of Pennsylvania, 2010)
In the Int. of: D.R.-W., a Minor Appeal of: D.W.
2020 Pa. Super. 15 (Superior Court of Pennsylvania, 2020)

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