In the Int. of: O.M., Appeal of: J.M.

CourtSuperior Court of Pennsylvania
DecidedFebruary 18, 2026
Docket1013 WDA 2025
StatusUnpublished
AuthorStevens

This text of In the Int. of: O.M., Appeal of: J.M. (In the Int. of: O.M., Appeal of: J.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: O.M., Appeal of: J.M., (Pa. Ct. App. 2026).

Opinion

J-S01032-26

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN THE INTEREST OF: O.M., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: J.M., FATHER : : : : : No. 1013 WDA 2025

Appeal from the Order Entered July 11, 2025 In the Court of Common Pleas of Clarion County Juvenile Division at No(s): 37 DP 2023

IN THE INTEREST OF: L.M., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: J.M., FATHER : : : : : No. 1014 WDA 2025

Appeal from the Order Entered July 11, 2025 In the Court of Common Pleas of Clarion County Juvenile Division at No(s): 36 DP 2023

IN THE INTEREST OF: O.M., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: J.M., FATHER : : : : : No. 1020 WDA 2025

Appeal from the Order Entered July 10, 2025 In the Court of Common Pleas of Clarion County Orphans’ Court at No(s): 121 OC 2025

IN THE INTEREST OF: L.M., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA J-S01032-26

: : APPEAL OF: J.M., FATHER : : : : : No. 1021 WDA 2025

Appeal from the Order Entered July 10, 2025 In the Court of Common Pleas of Clarion County Orphans’ Court at No(s): 120 OC 2025

BEFORE: BOWES, J., PANELLA, P.J.E., and STEVENS, P.J.E.*

MEMORANDUM BY STEVENS, P.J.E.: FILED: February 18, 2026

J.M. (“Father”) appeals from the orders entered in the Court of Common

Pleas of Clarion County changing the placement goal of L.M. (born in January

of 2018) and O.M. (born in September of 2021) (collectively “the Children”)

from reunification with biological parents to adoption, as well as involuntarily

terminating his parental rights to the Children pursuant to Section 2511 of the

Adoption Act, 23 Pa.C.S.A. §§ 2101-2938.1 After our careful review, we affirm

the orders.

The relevant facts and procedural history are as follows: On August 30,

2023, Clarion County Children and Youth Services (“CYS”) filed dependency

petitions as to the Children. Therein, CYS alleged that, since January 21, 2016,

____________________________________________

* Former Justice specially assigned to the Superior Court.

1 Mother’s parental rights were also involuntarily terminated as to the Children, and she filed appeals to this Court, which are docketed at 1031 WDA 2025 and 1032 WDA 2025. Mother’s appeals are addressed in a separate decision.

-2- J-S01032-26

CYS had received seventeen referrals on the family for various issues,

including truancy, lack of healthcare, and mental health concerns related to

the Children, as well as the parents’ substance use and homelessness. The

most recent referrals occurred on July 14, 2023, and August 21, 2023, and

after investigation, the referrals were found to be valid.

Specifically, CYS alleged the family was homeless, the Children had not

received routine medical care, and Father, as well as J.M., had unaddressed

mental health concerns. CYS indicated that it referred the family for various

services; however, Mother and Father (collectively “the parents”) would not

cooperate or communicate with CYS. The juvenile court appointed counsel for

Father and Mother, as well as a guardian ad litem for the Children.

Following a hearing, on September 22, 2023, the juvenile court found

the Children to be dependent and transferred legal custody to CYS. The

parents retained physical custody of the Children, and the juvenile court set

various goals for the parents. Specifically, the juvenile court directed them to

cooperate with CYS, meet regularly with CYS, permit CYS access to their home

upon CYS’s request, and participate/cooperate with all recommended services,

including drug and alcohol treatment. The juvenile court also directed the

parents to cooperate with CYS to explore kinship resources for the Children in

the event it became necessary to place them with a relative.

On March 11, 2024, following a permanency review hearing, the juvenile

court found the Children to be dependent and placed the Children in foster

-3- J-S01032-26

care. The juvenile court found that, on January 19, 2024, the Children had

been left in a hotel room under the care of Father, who was under the influence

of a substance to the point he was rendered unconscious. Father was arrested

in connection with this incident and convicted of endangering the welfare of

children. The juvenile court noted Mother, despite being aware of Father’s

condition, left the Children in Father’s care.

Further, in placing the Children in foster care, the juvenile Court found

Mother and Father had both tested positive for methamphetamine; Father

admitted he continued to use methamphetamine; and Mother began

treatment for her drug addiction but did not participate regularly therein. The

juvenile court determined L.M.’s educational, mental health, and dental needs

had not been addressed by the parents. The juvenile court noted the Children

did not have beds. The juvenile court found the parents had been minimally

compliant with their permanency plan goals. The placement goal for the

Children was return to parents with a concurrent goal of adoption.

On August 23, 2024, following a permanency review hearing, the

juvenile court retained the placement of the Children in foster care. The

juvenile court found the parents had been minimally compliant with their

permanency plan goals. The juvenile court noted the parents were living in a

shed, which lacked electricity, heat, and restroom facilities. Neither Father

nor Mother successfully completed their drug and alcohol treatment programs.

CYS had difficulty locating and communicating with the parents. Father was

-4- J-S01032-26

unemployed while Mother worked at a gas station. The placement goal for

the Children was reunification with the parents with a concurrent goal of

adoption.

On January 10, 2025, following a permanency review hearing, the

juvenile court retained the placement of the Children in foster care. The

juvenile court found the parents had been minimally compliant with their

permanency plan goals. Neither Father nor Mother successfully completed

their drug and alcohol treatment programs. Father admitted that he continued

to use methamphetamine. The parents did not have stable housing and did

not communicate with CYS. In the January 10, 2025, orders, the juvenile

court retained the placement goal for the Children as return to parents with a

concurrent goal of adoption.

CYS filed petitions in the juvenile court to change the Children’s goal to

adoption. Further, on May 2, 2025, CYS filed in the orphans’ court petitions

to involuntarily terminate the parental rights of Father and Mother as to the

Children pursuant to 23 Pa.C.S.A. § 2511(a)(1), (2), (5), (8), and (b).

On July 8, 2025, the matter proceeded to an evidentiary hearing at

which Father and Mother, as well as their respective attorneys, were present.

Further, the Children were represented by their guardian ad litem, Zachary

Shekell, Esquire, and separate legal counsel, Levieta Lerch, Esquire.

Sherry Casher, the acting director of CenClear’s substance use disorder

(“SUD”) treatment program, testified it is the regular business practice of

-5- J-S01032-26

CenClear to keep records of attendance. N.T., 7/8/25, at 7. She testified

Mother was a client of the SUD treatment program during 2024 and 2025. Id.

at 8. Specifically, she testified Mother entered the SUD treatment program

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