In the Int. of: N.G. Appeal of: L.H.

CourtSuperior Court of Pennsylvania
DecidedMay 14, 2024
Docket1420 WDA 2023
StatusUnpublished

This text of In the Int. of: N.G. Appeal of: L.H. (In the Int. of: N.G. Appeal of: L.H.) 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: N.G. Appeal of: L.H., (Pa. Ct. App. 2024).

Opinion

J-S13004-24

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN THE INTEREST OF: N.G., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: L.H., MOTHER : : : : : No. 1420 WDA 2023

Appeal from the Order Entered September 19, 2023 In the Court of Common Pleas of Allegheny County Orphans' Court at No(s): CP-02-AP-067-2022

BEFORE: KUNSELMAN, J., BECK, J., and STEVENS, P.J.E.*

MEMORANDUM BY STEVENS, P.J.E.: FILED: May 14, 2024

L.H. (“Mother”) appeals from the September 19, 2023 order entered by

the Court of Common Pleas of Allegheny County granting the petition filed by

the Allegheny Office of Children, Youth and Families (“CYF”) seeking the

involuntary termination of Mother’s parental rights to her biological daughter,

N.G. (“Child”), born in December 2016.1 After careful review, we affirm.

From the time of her birth in December 2016 to May 2020, Child was in

Mother’s sole custody. Notes of Testimony (N.T.), Termination Hr’g, 9/15/23,

at 81. CYF has an extensive history of involvement with Mother as a result of

numerous referrals regarding Child and her three half-siblings beginning as

____________________________________________

* Former Justice specially assigned to the Superior Court. 1 The same order involuntarily terminated the parental rights of Child’s biological father, W.G. (“Father”). Father has also filed an appeal which this Court has resolved in a separate decision docketed at 1294 WDA 2023. J-S13004-24

early as 2014.2 N.T. at 82-83. Although Child was removed from Mother’s

care by CYF for a short period of time at the time of her birth, Child was

returned to Mother’s care. N.T. at 83.

On May 29, 2020, CYF obtained an emergency custody authorization

(ECA) for Child after police found Mother intoxicated while caring for Child.

N.T. at 86-87. Mother admitted she had shaken Child and threatened her.

N.T. at 86-87, 125. Mother told caseworkers that she did not want Child back

if she had been placed in foster care, likening these circumstances to a mother

animal who rejects her young after it has come into contact with humans.

N.T. at 87. CYF placed Child into kinship care with T.W. (“Foster Mother”).3

Child was adjudicated dependent on June 17, 2020. N.T. at 88. Foster

Mother was appointed Child’s secondary medical and dental decision maker

on September 23, 2020. N.T. at 88. After Child’s removal from Mother’s

custody, Child remained in the same placement with Foster Mother, who

wishes to adopt Child. N.T. at 88.

2 Child’s three half-siblings through Mother are J.P. (born in 2011), K.B. (born

in 2014), and X.G. (born in 2022). N.T. at 82. In 2014, CYF became involved with Mother after newborn K.B. was brought to a local hospital with an unexplained femur fracture. N.T. at 83. Mother’s parental rights to K.B. were subsequently terminated in 2016. N.T. at 83. In 2018, another referral led to J.P. being placed in kinship care; J.P. has been placed with a permanent legal guardian. N.T. at 83-84. In 2022, CYF received a referral for X.G. at the time of his birth, reporting concerns that Mother lacked an ability to care for the child and had substance abuse issues. N.T. at 84-85. 3 While Father’s whereabouts were initially unknown, CYF later ascertained

that Father was incarcerated. N.T. at 87, 115. CYF staff reported that on July 7, 2022, Father was sentenced to thirty-five to seventy years’ imprisonment on felony drug charges. N.T. at 115-116.

-2- J-S13004-24

Mother was given several court-ordered goals including participating in

mental health treatment, undergoing substance abuse treatment, submitting

to drug screenings, participating in visitation, obtaining appropriate housing,

and cooperating with CYF. N.T. at 91. Mother was also required to submit to

the recommendations of Dr. Patricia Pepe, Ph.D., a licensed psychologist who

conducts forensic evaluations of parents and children in dependency

proceedings. N.T. at 4, 91.

On May 22, 2022, CYF filed petitions to terminate the parental rights of

both Mother and Father pursuant to 23 Pa.C.S.A. § 2511(a)(2), (5), (8) and

(b). On August 4, 2022, the trial court entered an order appointing Andrea

Spurr, Esq. as Child’s counsel to represent her legal interests in the

termination hearing. See Order, 8/4/22, at 1.4

4 Section 2313 of the Adoption Act provides that:

The court shall appoint counsel to represent the child in an involuntary termination proceeding when the proceeding is being contested by one or both of the parents. The court may appoint counsel or a guardian ad litem to represent any child who has not reached the age of 18 years and is subject to any other proceeding under this part whenever it is in the best interests of the child.

23 Pa.C.S.A. § 2313(a). Our Supreme Court has held that with respect to contested involuntary termination of parental rights (“TPR”) proceedings, Section 2313 requires a trial court to “appoint an attorney to represent the Child’s legal interests, i.e., the child’s preferred outcome.” In re T.S., 648 Pa. 236, 239–40, 192 A.3d 1080, 1082 (2018) (citing In re Adoption of L.B.M., 639 Pa. 428, 161 A.3d 172 (2017)). Further, the Supreme Court has provided that “appellate courts should engage in limited sua sponte review of whether children have been afforded their statutory right to legal counsel (Footnote Continued Next Page)

-3- J-S13004-24

At the September 15, 2023 termination hearing, Mother and Father

testified telephonically and were represented by separate counsel. Child, who

was six years old at the time of the hearing, was not present but was

represented by her legal counsel, Atty. Spurr.

CYF presented the testimony of Rachael Alanskas, CYF caseworker, who

admitted that Mother complied with some of her goals by attending the

permanency review hearings and CYF conferences, completing parenting

programs, and participating in dual diagnosis programs for drug and alcohol

treatment and mental health treatment. N.T. at 89-96.

While Mother initially was given unsupervised visits with Child in her

home, in February 2022, Mother was restricted to having supervised visits at

CYF. N.T. at 110-12. Ms. Alanskas reported that Mother’s visitation rights

were restricted for multiple reasons including reports of Mother allowing

unknown males to be present for visitation, Mother’s resistance to having her

home assessed, and continued drug and alcohol concerns. N.T. at 111. On

one occasion, Mother complained about having to feed Child during the

when facing the potential termination of their parents’ parental rights.” In re Adoption of K.M.G., 663 Pa. 53, 87, 240 A.3d 1218, 1238 (2020). In this case, the orphans’ court appointed conflict counsel Andrea Spurr to represent Child’s legal interests in the termination hearing. Atty. Spurr did not previously serve in this case as a guardian ad litem or in any other capacity which would present a potential conflict in her role as legal counsel. We also observe that the Supreme Court has noted that the Adoption Act does not require the appointment of a guardian ad litem in contested TPR proceedings, as “per the General Assembly's directive [in Section 2313], no attorney is assigned to represent the child's best interests.” In re Adoption of L.B.M., 639 Pa. at 443 n. 14, 161 A.3d at 181, n. 14.

-4- J-S13004-24

visitation period. N.T. at 111.

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Related

In Re Adoption of M.E.P.
825 A.2d 1266 (Superior Court of Pennsylvania, 2003)
In Re: M.M., Appeal of: R.H.
106 A.3d 114 (Superior Court of Pennsylvania, 2014)
In Re: Adoption of: L.B.M., A Minor
161 A.3d 172 (Supreme Court of Pennsylvania, 2017)
In Re: D.L.B., minor child, Appeal of: T.L.S.
166 A.3d 322 (Superior Court of Pennsylvania, 2017)
In re T.S.M.
71 A.3d 251 (Supreme Court of Pennsylvania, 2013)
In re T.S.
192 A.3d 1080 (Supreme Court of Pennsylvania, 2018)

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