In the Int. of: P.L.R. a Minor

CourtSuperior Court of Pennsylvania
DecidedDecember 22, 2023
Docket946 MDA 2023
StatusUnpublished

This text of In the Int. of: P.L.R. a Minor (In the Int. of: P.L.R. a Minor) 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.L.R. a Minor, (Pa. Ct. App. 2023).

Opinion

J-A27014-23

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN THE INTEREST OF: P.L.R., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: A.A.R., MOTHER : : : : : No. 946 MDA 2023

Appeal from the Order Entered June 9, 2023 In the Court of Common Pleas of Clinton County Juvenile Division at No(s): 2022-00015, CP-18-DP-0000037-2014

IN THE INTEREST OF: P.L.R., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: A.A.R., MOTHER : : : : : No. 947 MDA 2023

Appeal from the Order Entered June 7, 2023 In the Court of Common Pleas of Clinton County Orphans' Court at No(s): 2022-00015

BEFORE: LAZARUS, J., NICHOLS, J., and STEVENS, P.J.E.*

MEMORANDUM BY LAZARUS, J.: FILED: DECEMBER 22, 2023

A.A.R. (Mother) appeals from the orders, entered in the Court of

Common Pleas of Clinton County, terminating her parental rights with respect

to her child, P.L.R. (Child) (born 1/13), and changing the permanency goal

____________________________________________

* Former Justice specially assigned to the Superior Court. J-A27014-23

from reunification to adoption.1 Counsel has filed a petition to withdraw

pursuant to Anders v. California, 386 U.S. 738 (1967), and

Commonwealth v. McClendon, 434 A.2d 1185 (Pa. 1981).2 Due to Mother’s

consistent failure to comply with court-ordered objectives to address long-

standing safety concerns that prevent her from capably parenting Child, we

affirm. We also grant counsel’s petition to withdraw.

Clinton County Children and Youth Social Services Agency (CYS) first

became involved with Child in 2014 following a report that J.W.B (Father)3

had abused child. Following an investigation by CYS, Child was placed in the

custody of his maternal grandmother on May 6, 2015. Pursuant to court order,

1 Mother’s counsel has complied with the dictates of Commonwealth v. Walker, 185 A.3d 960 (Pa. 2018), by filing two separate notices of appeal— one on the dependency docket (946 MDA 2023) and one on the adoption docket (947 MDA 2023). Walker, 185 A.3d at 976 (“Where . . . one or more orders resolves issues arising on more than one docket or relating to more than one judgment, separate notices of appeals must be filed.”); see also In re M.P., 204 A.3d 976, 981 (Pa. Super. 2019) (applying Walker holding to children’s fast track appeals). But see Commonwealth v. Young, 265 A.3d 462, 477 n.19 (expressly overruling holding in Walker that failure to file separate appeals requires appellate court to quash appeal). Mother’s appeals were consolidated sua sponte by our Court on July 27, 2023. See Order, 7/27/23; see also Pa.R.A.P. 513.

2 See In re V.E., 611 A.2d 1267 (Pa. Super. 1992) (extending Anders briefing requirements to termination of parental rights appeals involving indigent parents represented by court-appointed counsel).

3 Father’s rights were also terminated; however, he is not a party to the present appeal. At the time of the termination hearing, Mother and Father were living together, but Mother testified they had not been in a relationship for approximately two years. See N.T. Termination Hearing, 4/12/23, at 53, 99-100.

-2- J-A27014-23

Mother and Father were to have supervised visits with Child. Child remained

in the custody of maternal grandmother until maternal grandmother died on

or about October 9, 2020. After maternal grandmother’s death, the court

granted custody of Child to maternal grandfather and maintained the

conditions requiring Mother’s and Father’s visits to be supervised.

In October of 2021, CYS received a report that maternal grandfather

had been permitting Father to have unsupervised visits with Child, including

overnight visits during which Father and Child shared a bed, in violation of a

court order dated December 4, 2020. See N.T. Termination Hearing, 4/12/23,

at 10-11 (Caseworker Jennifer Weaver testifying that December 4, 2020 order

required Father’s visits be arranged and supervised by CYS). Following that

report, CYS obtained legal and physical custody of Child pursuant to a shelter

care order. See Shelter Care Order, 10/21/21. Child was immediately placed

in foster care and on December 1, 2022, moved to his current foster home.4

On December 3, 2021, following a hearing, the court adjudicated the

Child dependent. Mother was incarcerated at the time of Child’s adjudication

and, pursuant to the court’s order, Mother was to continue to have weekly

one-hour supervised visits with Child, Zoom video visits while incarcerated,

and longer in-person visits following her release. See Order, 12/3/21, at ¶ 7.

Prior to the hearing, CYS submitted a permanency plan for Child to the court.

Mother’s goals were to schedule and attend supervised visits with Child, have

4 Maternal grandfather died on or about November 6, 2022.

-3- J-A27014-23

appropriate conversations and interactions with Child, follow court orders,

follow the recommendations of CYS, maintain contact with CYS and notify of

any phone or address changes, sign requested releases of information, and

participate in a drug and alcohol evaluation and follow recommendations of

said evaluation. See Child Permanency Plan, 11/30/21, at 3. Mother had

additional objectives while incarcerated, including maintaining her bond with

Child through Zoom visits and practicing positive parenting skills. Id. at 8.

During permanency review hearings held on January 3, 2022, April 4, 2022,

June 3, 2022, September 22, 2022, December 23, 2022, and March 21, 2023,

Mother’s compliance and progress was initially moderate in January, but

minimal at each hearing that followed.

Mother has acknowledged she suffers from addiction and substance

abuse problems. Since Child’s birth, Mother has attended inpatient treatment

on at least six different occasions in 2015, 2016, 2021, and 2022. Mother has

been unable to maintain her sobriety for a significant amount of time while

Child has been in placement. Mother has also been incarcerated for significant

periods of time since CYS’s involvement. From the date of Child’s placement

until the date of the termination hearing, Mother had been incarcerated for

more than 300 days.

Throughout Child’s placement, Mother has had supervised visits with

Child. Those visits were held at either CYS’s offices or at the correctional

facility where Mother was incarcerated. Due to COVID restrictions, many of

the visits while Mother was incarcerated were Zoom video visits. Mother

-4- J-A27014-23

averaged two visits (video or in-person) per month during the period between

Child’s shelter care hearing and the date of the filing of the termination of

parental rights petition.

In December 2022, Pursuant to court order, Mother’s visits with Child

were suspended due to Child exhibiting negative behaviors during and

following visits with Mother.5 The court directed Mother to meet with a

psychologist to implement a plan to re-engage with Child. However, Mother

failed to follow through with additional meetings required to create and

implement a successful plan.

Child has been diagnosed with autism, attention deficit hyperactivity

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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
In Re Involuntary Termination of Parental Rights of Burns
379 A.2d 535 (Supreme Court of Pennsylvania, 1977)
Commonwealth v. McClendon
434 A.2d 1185 (Supreme Court of Pennsylvania, 1981)
In Re Adoption of R. I.
312 A.2d 601 (Supreme Court of Pennsylvania, 1973)
In Re Adoption of V.G.
751 A.2d 1174 (Superior Court of Pennsylvania, 2000)
Commonwealth v. Santiago
978 A.2d 349 (Supreme Court of Pennsylvania, 2009)
In Re: Adoption of C.D.R., Appeal of: R.R.
111 A.3d 1212 (Superior Court of Pennsylvania, 2015)
In the Matter of: M.P., Appeal of: S.M.
204 A.3d 976 (Superior Court of Pennsylvania, 2019)
In re B.L.W.
843 A.2d 380 (Superior Court of Pennsylvania, 2004)
Commonwealth v. Millisock
873 A.2d 748 (Superior Court of Pennsylvania, 2005)
In re L.M.
923 A.2d 505 (Superior Court of Pennsylvania, 2007)
In the Interest of K.Z.S.
946 A.2d 753 (Superior Court of Pennsylvania, 2008)
In re I.J.
972 A.2d 5 (Superior Court of Pennsylvania, 2009)
In the Interest of J.T.
983 A.2d 771 (Superior Court of Pennsylvania, 2009)
In the Interest of A.B.
19 A.3d 1084 (Superior Court of Pennsylvania, 2011)
In re T.S.M.
71 A.3d 251 (Supreme Court of Pennsylvania, 2013)
Commonwealth v. Cartrette
83 A.3d 1030 (Superior Court of Pennsylvania, 2013)
Commonwealth v. Flowers
113 A.3d 1246 (Superior Court of Pennsylvania, 2015)
In re V.E.
611 A.2d 1267 (Superior Court of Pennsylvania, 1992)
State v. Kosch
185 A.3d 959 (New Jersey Superior Court App Division, 2018)

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In the Int. of: P.L.R. a Minor, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-int-of-plr-a-minor-pasuperct-2023.