In the Int. of: P.K.R.C., Appeal of: K.H.

CourtSuperior Court of Pennsylvania
DecidedSeptember 14, 2022
Docket720 EDA 2022
StatusUnpublished

This text of In the Int. of: P.K.R.C., Appeal of: K.H. (In the Int. of: P.K.R.C., Appeal of: K.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: P.K.R.C., Appeal of: K.H., (Pa. Ct. App. 2022).

Opinion

J-A20017-22

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

IN THE INTEREST OF P.K.R.C. IN THE SUPERIOR COURT OF PENNSYLVANIA

APPEAL OF K.H.

No. 720 EDA 2022

Appeal from the Decree Entered February 22, 2022 In the Court of Common Pleas of Philadelphia County Juvenile Division at No: CP-51-AP-0000442-2021

IN THE INTEREST OF K.M.C. IN THE SUPERIOR COURT OF PENNSYLVANIA

No. 721 EDA 2022

Appeal from the Decree Entered February 22, 2022 In the Court of Common Pleas of Philadelphia County Juvenile Division at No: CP-51-AP-0000443-2021

BEFORE: STABILE, J., MCCAFFERY, J. and PELLEGRINI, J.*

____________________________________________

* Retired Senior Judge assigned to the Superior Court. J-A20017-22

MEMORANDUM BY STABILE, J.: FILED SEPTEMBER 14, 2022

K.H. (“Mother”) appeals from two decrees granting the petitions of the

Department of Human Services (“DHS”) to involuntarily terminate her

parental rights over her two children, K.M.C. (born July 31, 2011) and

P.K.R.C. (born April 1, 2014).1 We affirm.

Mother raises the following issues in her brief:

1. Whether the Trial Court erred in terminating [Mother]’s parental rights under 23 Pa.C.S.A. § 2511(a)(1), the evidence having been insufficient to establish [Mother] had evidenced a settled purpose of relinquishing her parental claim, or having refused or failed to perform parental duties.

2. Whether the evidence was sufficient to establish that [Mother] had refused or failed to perform parental duties, caused Child to be without essential parental care, that conditions having led to placement had continued to exist, or finally that any of above could not have been remedied under 23 Pa.C.S.A. §§ 2511(a)(1), 2511(a)(5), and 2511(a)(8).

3. Whether the evidence was sufficient to establish that termination of parental rights would best serve the needs and welfare of the Minor Child, under 23 Pa.C.S.A. § 2511(b).

4. Whether the Trial Court erred in disallowing [Mother] to call to testify her Therapist John Radcliffe.

Mother’s Brief at 5.

We review the first three issues together, because they all concern the

same question: whether termination of Mother’s parental rights was proper

1 In the same decrees, the court also terminated the parental rights of the children’s father, R.J.C. (“Father”). Father did not appeal from either decree.

-2- J-A20017-22

under Section 2511(a) and (b). We review an order terminating parental

rights in accordance with the following standard:

When reviewing an appeal from a decree terminating parental rights, we are limited to determining whether the decision of the trial court is supported by competent evidence. Absent an abuse of discretion, an error of law, or insufficient evidentiary support for the trial court’s decision, the decree must stand. Where a trial court has granted a petition to involuntarily terminate parental rights, this Court must accord the hearing judge’s decision the same deference that we would give to a jury verdict. We must employ a broad, comprehensive review of the record in order to determine whether the trial court’s decision is supported by competent evidence.

In re R.N.J., 985 A.2d 273, 276 (Pa. Super. 2009). We apply the standard

of clear and convincing evidence, which is defined as testimony that is so

“clear, direct, weighty and convincing as to enable the trier of fact to come

to a clear conviction, without hesitance, of the truth of the precise facts in

issue.” Id. The trial court is free to believe all, part, or none of the

evidence presented and is likewise free to make all credibility determinations

and resolve conflicts in the evidence. In re M.G., 855 A.2d 68, 73-74 (Pa.

Super. 2004). If competent evidence supports the trial court’s findings, we

will affirm even if the record could also support the opposite result. In re

Adoption of T.B.B., 835 A.2d 387, 394 (Pa. Super. 2003).

Termination of parental rights is governed by Section 2511 of the

Adoption Act, 23 Pa.C.S.A. §§ 2101-2938, which requires a bifurcated

analysis. Initially, the focus is on the conduct of the parent. The party

seeking termination must prove by clear and convincing evidence that the

-3- J-A20017-22

parent’s conduct satisfies the statutory grounds for termination delineated in

Section 2511(a). Only if the court determines that the parent’s conduct

warrants termination of his or her parental rights does the court engage in

the second part of the analysis pursuant to Section 2511(b): determination

of the needs and welfare of the child under the standard of best interests of

the child. One major aspect of the needs and welfare analysis concerns the

nature and status of the emotional bond between parent and child with close

attention paid to the effect on the child of permanently severing any such

bond. In re L.M., 923 A.2d 505, 511 (Pa. Super. 2007). This Court need

only agree with the lower court as to any one subsection of Section 2511(a)

and any one section of Section 2511(b) in order to affirm. In re Adoption

of C.J.J.P., 114 A.3d 1046, 1050 (2015).

We have reviewed the certified record, the briefs of the parties, the

applicable law, and the extensive and comprehensive opinion authored by

Judge Tereshko, dated October 8, 2021. Following a detailed factual and

procedural history of this case in pages 2-28 of his opinion, Judge Tereshko

found that Mother’s conduct satisfied statutory grounds for termination

under Sections 2511(a)(1), (a)(5), and (a)(8).2 Judge Tereshko reasoned:

2 Section 2511(a)(1) requires proof of “conduct continuing for a period of at least six months immediately preceding the filing of the petition either has evidenced a settled purpose of relinquishing parental claim to a child or has refused or failed to perform parental duties.” Section 2511(a)(5) requires proof that “[t]he child has been removed from the care of the parent by the (Footnote Continued Next Page)

-4- J-A20017-22

This Court heard clear and convincing evidence from Taylor Gore, APM/CUA2 Case Manager, who testified the family first became known to DHS when Mother gave birth on April 1, 2014, to P.K.R.C., and she tested positive for cocaine with no prenatal care. A GPS Report dated 4/2/2014 was created that reflected that information, and APM provided in-home services to the family. On July 5, 2015, another GPS report occurred when K.M.C. was found wandering the streets alone without shoes or a shirt. He was left alone with no food in the house. He also had cognitive delays and there was potential drug use by his parents. On July 15, 2014. K.M.C. was again found wandering alone blocks away from the home. At that time Mother was working seven days per week and Father was always under the influence of substances. Ms. Gore testified that in-home services again were implemented to try to remediate these concerns.

Ms. Gore stated the next GPS report received for the family was March 28, 2016, where the allegations were lack of supervision and Father was arrested. There was another GPS report dated November 14, 2016, when K.M.C. had a head lice problem and was diagnosed with ADHD and was not receiving services.

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Related

In Re Adoption of Steven S.
612 A.2d 465 (Superior Court of Pennsylvania, 1992)
In Re Julissa O.
746 A.2d 1137 (Superior Court of Pennsylvania, 2000)
In Re Adoption of T.B.B.
835 A.2d 387 (Superior Court of Pennsylvania, 2003)
In re D.J.S.
737 A.2d 283 (Superior Court of Pennsylvania, 1999)
In re M.G.
855 A.2d 68 (Superior Court of Pennsylvania, 2004)
In re L.M.
923 A.2d 505 (Superior Court of Pennsylvania, 2007)
In re I.G.
939 A.2d 950 (Superior Court of Pennsylvania, 2007)
In re K.K.R.-S.
958 A.2d 529 (Superior Court of Pennsylvania, 2008)
In re R.N.J.
985 A.2d 273 (Superior Court of Pennsylvania, 2009)
In re K.M.
53 A.3d 781 (Superior Court of Pennsylvania, 2012)
In re T.S.M.
71 A.3d 251 (Supreme Court of Pennsylvania, 2013)
In re the Adoption of R.K.Y.
72 A.3d 669 (Superior Court of Pennsylvania, 2013)

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