In the Int. of: M.J.B., Appeal of: A.B.

Superior Court of Pennsylvania·Decided March 8, 2024·No. 2366 EDA 2023·Unpublished

Opinion

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

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

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APPEAL OF: A.B., FATHER :

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: No. 2366 EDA 2023

Appeal from the Order Entered August 17, 2023 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-DP-0000826-2017

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

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APPEAL OF: A.B., FATHER :

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: No. 2367 EDA 2023

Appeal from the Decree Entered August 17, 2023 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-AP-0000749-2021

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

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APPEAL OF: A.B., FATHER :

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: No. 2368 EDA 2023

Appeal from the Order Entered August 17, 2023 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-DP-0000543-2019

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

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APPEAL OF: A.B., FATHER :

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: No. 2369 EDA 2023

Appeal from the Decree Entered August 17, 2023 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-AP-0000134-2022

BEFORE: BOWES, J., STABILE, J., and LANE, J. MEMORANDUM BY BOWES, J.: FILED MARCH 8, 2024 A.B. (“Father”) appeals from the decrees terminating his parental rights as to his children, M.J.B., born in August 2016, and M.L.B., born in October 2017. Father has also appealed from the separate orders changing each child’s permanency goal from reunification to adoption. We affirm.

We glean the following from the certified record. The family first became involved with the Philadelphia Department of Human Services (“DHS”) on March 23, 2017, when M.J.B. was hospitalized at approximately seven months old for failure to thrive. The child protective services report detailed that M.J.B.’s pediatrician had advised J.I. (“Mother”) to supplement her breast milk, which was M.J.B.’s sole source of nourishment and was insufficient to provide M.J.B. the necessary nutrients. However, Father threatened to leave Mother if she administered the supplements, insisting that M.J.B. be fed only by her breast milk and treated only by natural remedies. In a similar vein, Mother and Father had elected not to immunize M.J.B. The report also indicated a history of domestic violence and mental health diagnoses for

Mother, and chronicled the consequences of M.J.B.’s malnutrition, including that he had not gained weight in two months, was at 0.07 percentile for his age in weight, had been diagnosed with severe malnutrition, rickets, and iron deficiency anemia, suffering physical ailments as a result. When DHS opened its investigation, it learned that an older sibling, A.L., was staying with a family friend, L.J., but that L.J. was unwilling to serve as a placement resource for M.J.B.1 DHS successfully petitioned for dependency and placed M.J.B. in foster care, but he was returned to the care of Mother and Father in July 2017, while Mother was pregnant with his sibling, M.L.B. In October 2017, DHS received a report that Mother had tested positive for marijuana at the time of M.L.B.’s premature delivery at thirty-seven weeks. Following a stay in the Neonatal Intensive Care Unit, M.L.B. was discharged to the care of Mother and Father.

The family next came to the attention of DHS in January 2019. A.L., who was then seven years old, had been taken to the hospital for treatment after Mother crashed her car into a tree while A.L. was in the front passenger seat. A.L. was still in the primary care of L.J. but visited Mother on weekends. At the time, Mother was residing with a paramour, not Father. Through its investigation, DHS learned that Mother smoked marijuana in front of the children, had left M.J.B. and M.L.B. home alone at the time of the car accident,

and would often drop off M.J.B. and M.L.B. with L.J. and fail to retrieve them

1 A.L. is not otherwise involved in this appeal because an individual other than Father was named as her father.

at the agreed-upon time. Her behavior also frequently prompted the need for A.L. to take care of M.J.B. and M.L.B. during A.L.’s weekend visits. Based on the foregoing, DHS implemented a safety plan for M.J.B. and M.L.B.

In March 2019, Mother, M.J.B., and M.L.B. moved in with Father to a boarding home in Darby, Pennsylvania. The home was deemed unsuitable for the children, and on April 2, 2019, DHS obtained an order for protective custody and placed the children in foster care. However, the court lifted the order and discharged the dependency and commitment because it determined that it did not have jurisdiction, given that the family was residing in Darby. Accordingly, it ordered DHS to refer the children to the Delaware County Children and Youth Division (“CYD”). However, CYD did not accept the case, and additionally Mother ignored DHS’s outreach while Father told DHS that he refused to accept M.J.B. and M.L.B. back into his care. Thus, on April 4, 2019, DHS for a third time obtained an order for protective custody and placed the children in foster care.2 The children were adjudicated dependent with a concurrent goal of return to parent and adoption. The Community Umbrella Agency (“CUA”) outlined the following single case plan (“SCP”) objectives for Father: “1) to ensure that the children’s medical, dental and vision needs are met and keep all appointments; 2) to sign all releases of information; 3) to ensure the

children are always supervised; and 4) to ensure that the children attend

2 M.J.B. and M.L.B. have been in the care of the same pre-adoptive resource parent (“Foster Mother”), since August 2019 and August 2020, respectively.

school daily and complete all assignments.” Trial Court Opinion, 11/30/23, at 11-12. By October 2019, Father had completed parenting classes, anger management counseling, and housing assistance. In November 2019, the case plan was revised for Father to also comply with visitation as set by the court and obtain suitable housing. In April 2020, DHS added four more SCP objectives for Father: 1) enroll in family school; 2) acquire appropriate housing with the assistance of community resources; 3) complete the necessary paperwork for a Philadelphia Health Maintenance Corporation grant; and 4) attend M.L.B.’s audiology appointment. In August 2021, after Father attended one of M.J.B.’s trauma therapy sessions yet denied M.J.B.’s trauma experiences and failed to understand his role in the trauma, the court referred Father for a mental health evaluation and ordered him to participate in the children’s treatment as recommended by their therapist. Finally, Father was ordered to complete a parenting capacity evaluation and bonding assessment.

Turning to Father’s compliance with his SCP objectives, he did not just fail to ensure that the children’s medical needs were met, he actively attempted to thwart them. As noted by the trial court, both “children have major health issues and receive significant services. Both children have asthma, attend trauma-based therapy, and M.J.B. receives speech therapy” and has an allergy that requires the use of an EpiPen. See Trial Court Opinion, 11/30/23, at 22 (cleaned up). Father refused to acknowledge that the children have any medical issues requiring treatment, objected to the children

receiving therapy and refused to sign the appropriate releases, and even went so far as to attempt to prevent the usage of M.J.B.’s EpiPen in the event of a life-threatening exposure to his allergen.

In a similar spirit of defiance, Father refused to submit to the court-

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

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