In the Int. of: L.J.O., Appeal of: A.M.M., Mother

Superior Court of Pennsylvania·Decided February 26, 2024·No. 987 MDA 2023·Unpublished

Opinion

J-S43031-23

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN THE INTEREST OF: L.J.O., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: A.M.M., MOTHER : : : : : No. 987 MDA 2023

Appeal from the Decree Entered March 27, 2023 In the Court of Common Pleas of Luzerne County Orphans' Court at No(s): A-9337

BEFORE: McLAUGHLIN, J., KING, J., and COLINS, J.*

MEMORANDUM BY COLINS, J.: FILED: FEBRUARY 26, 2024

A.M.M. (“Mother”) appeals from the March 27, 2023 decree in the

Luzerne County Court of Common Pleas involuntarily terminating her parental

rights to her ten-year-old natural son, L.J.O. (“Child”).1, 2 We affirm.

The record reveals that Child was adjudicated dependent prior to

November 20, 2020,3 when he was removed from Mother and placed in the

____________________________________________

* Retired Senior Judge assigned to the Superior Court.

1 Child was born in September of 2012.

2 By separate decree docketed on March 27, 2023, the orphans’ court involuntarily terminated the parental rights of Child’s father, A.J.O. (“Father”), who did not file a notice of appeal.

3 Child was adjudicated dependent due to Mother’s and Father’s illegal drug

use and unstable housing. See N.T., 1/30/23, at 29. J-S43031-23

physical custody of Luzerne County Children and Youth Services (“CYS” or

“the agency”) due to Mother testing positive for methamphetamines and

marijuana, as well as the agency’s concern about her unstable housing. See

N.T., 1/30/23, at 29-30. CYS placed Child with his maternal aunt and her

husband until July 23, 2021, when the agency then placed him in the pre-

adoptive home of his maternal cousin and her husband. Id. at 63, 82-83.

In furtherance of Child’s permanency goal of reunification, Mother was

required to participate in drug and alcohol treatment, provide random drug

screens, and maintain safe and stable housing. Id. at 30-31. CYS assisted

Mother in complying with her treatment goals by referring her twice to

Wyoming Valley Alcohol and Drug Services (“WVAD”). Id. at 21. In total,

WVAD evaluated Mother on five separate occasions between December of

2020, and January of 2023. Id. at 14. After each of these evaluations, WVAD

made treatment recommendations. Prior to July of 2022, Mother was

recommended to attend WVAD’s intensive outpatient program, which included

weekly individual and group treatment sessions. Id. at 14-16. However,

Mother was unsuccessfully discharged each time from WVAD’s outpatient

program for violating the attendance policy. Id.

On July 18, 2022, WVAD recommended that Mother attend inpatient

drug and alcohol treatment due to a positive drug screen performed by WVAD.

Id. at 17, 20. As best we can discern, Mother’s inpatient treatment would

have occurred at a different facility. The record reveals that Mother first

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sought inpatient treatment in August of 2022, where she stayed for four days.

Id. at 40.

Mother appeared at WVAD again for an intake appointment on October

19, 2022, and WVAD recommended outpatient treatment. Id. at 17-18.

However, on November 2, 2022, after Mother tested positive in two additional

drug screens, WVAD discharged her “to a higher level of care” at an inpatient

facility. Id. at 18, 20. In December of 2022, Mother spent approximately

twenty-eight days at a different inpatient facility than where she was admitted

in August of 2022. Id. at 40-41.

On December 30, 2022, Mother appeared for an evaluation at WVAD for

the last time. Id. WVAD recommended outpatient treatment again, but

canceled services on January 13, 2023, due to her lack of attendance. Id. at

19. In addition, sometime between December 30, 2022, and January 13,

2023, Mother again tested positive in two drug screens performed by WVAD.

Id. at 20.

Regarding Mother’s permanency requirement to cooperate with random

drug screens with CYS, the agency required that she screen once weekly

pursuant to the agency’s “color call-in system.”4 Id. at 30, 43. Over the

course of Child’s dependency, Mother participated in a total of nine random

4 According to CYS caseworker, Megan Donovan, Mother was required to participate in the “color call-in system” throughout the life of the case. N.T., 1/30/23, at 30. Mother’s color was yellow, which was called once per week. Id. at 42.

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drug screens. Id. Mother began complying with weekly screens in January

of 2023, the same month as the subject proceedings. Id. at 43. Out of the

nine random drug screens that she attended, Mother tested positive for

cannabinoids on every occasion except one and for methamphetamine and

amphetamine on February 3, 2022. Id. at 8-9, 43, 65.

With respect to Mother’s permanency goal to maintain stable housing,

she had maintained a home for an undefined time-period during Child’s

dependency. Id. at 59-60. However, Mother lost her housing on an

unspecified date and never regained it prior to the subject proceeding. Id.

On June 20, 2022, CYS filed a petition for the involuntary termination of

Mother’s parental rights pursuant to 23 Pa.C.S. § 2511(a)(2), (5), (8), and

(b). The orphans’ court held a hearing on the petition on January 30, 2023,

at which time Child was ten years old and had been residing for approximately

eighteen months with his pre-adoptive kinship parents who had already

adopted six children.5, 6 Id. at 80, 82, 91.

5 As best we can discern, the six adopted children were still minors. The record does not specify if the children are also relatives.

6 The orphans’ court appointed Corbett Price Law, LLC, as Child’s legal counsel

and guardian ad litem (“GAL”). The certified record confirms that the Child’s legal and best interests do not conflict. See N.T., 1/30/23, at 100; see also 23 Pa.C.S. § 2313(a); In re K.M.G., 240 A.3d 1218, 1238 (Pa. 2020) (holding appellate courts should engage in “limited sua sponte review” concerning a child’s statutory right to counsel in the termination context).

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CYS presented testimony from its caseworker, Ms. Donovan; George

Hockenbury, from Northern Tier Research, a company that analyzes drug

screens; and Samantha Martin, a clinical treatment supervisor at WVAD.

Mother testified on her own behalf.

The orphans’ court involuntarily terminated Mother’s parental rights

pursuant to Section 2511(a)(8) and (b) by decree dated March 24, 2023, and

docketed on March 27, 2023. Mother, through newly appointed counsel, filed

an appeal nunc pro tunc on June 20, 2023,7 along with a concise statement of

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

On appeal, Mother questions whether the orphans’ court abused its

discretion or committed an error of law by terminating her parental rights

under Section 2511(a)(8) and (b).8 See Mother’s Brief at 1 (unpaginated).

We review Mother’s issues under an abuse of discretion standard, which our

Supreme Court has described, 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. If the factual findings are supported, appellate courts review to determine if the trial court made an error of law or abused its discretion.

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In the Int. of: L.J.O., Appeal of: A.M.M., Mother, (Pa. Ct. App. 2024).

In the Int. of: L.J.O., Appeal of: A.M.M., Mother (In the Int. of: L.J.O., Appeal of: A.M.M., Mother) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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