In the Int. of: S.C., Appeal of: J.L.C.

CourtSuperior Court of Pennsylvania
DecidedApril 5, 2023
Docket2373 EDA 2022
StatusUnpublished

This text of In the Int. of: S.C., Appeal of: J.L.C. (In the Int. of: S.C., Appeal of: J.L.C.) 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: S.C., Appeal of: J.L.C., (Pa. Ct. App. 2023).

Opinion

J-A03011-23

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

IN THE INTEREST OF: S.C., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: J.L.C., MOTHER : : : : : No. 2373 EDA 2022

Appeal from the Order Entered August 18, 2022 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-DP-0003393-2017

IN THE INTEREST OF: S.M.C., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: J.L.C., MOTHER : : : : : No. 2374 EDA 2022

Appeal from the Decree Entered August 18, 2022 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-AP-0000600-2019

IN THE INTEREST OF: G.C., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: J.L.C., MOTHER : : : : : No. 2375 EDA 2022

Appeal from the Order Entered August 18, 2022 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-DP-0000848-2021 J-A03011-23

IN THE INTEREST OF: G.A.C., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: J.L.C., MOTHER : : : : : No. 2376 EDA 2022

Appeal from the Decree Entered August 18, 2022 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-AP-0000450-2022

BEFORE: KING, J., SULLIVAN, J., and STEVENS, P.J.E.*

MEMORANDUM BY STEVENS, P.J.E.: FILED APRIL 5, 2023

J.C. (“Mother”) appeals from the August 18, 2022 decrees involuntarily

terminating her parental rights to her sons, S.C., a/k/a S.M.C. (born in

December 2017), and G.C., a/k/a G.A.C. (born in August 2021) (collectively,

“Children”).1 Mother also appeals from the August 18, 2022 orders changing

Children’s permanency goals from reunification to adoption. In addition,

Mother’s appointed counsel, James W. Martin, Esquire (“Counsel”), has filed a

petition to withdraw and accompanying brief, pursuant to Anders v.

California, 386 U.S. 738 (1967), and Commonwealth v. Santiago, 978

____________________________________________

* Former Justice specially assigned to the Superior Court.

1 By separate decrees the same date, the trial court terminated the parental rights to the putative father of S.C., D.C., the putative father of G.C., A.Y., and any unknown fathers to both Children. Neither D.C., A.Y., nor any unknown father filed notices of appeal, and none have participated in this appeal.

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A.2d 349 (Pa. 2009). After careful review, we grant Counsel’s petition to

withdraw, affirm the termination decrees, and dismiss the appeals from the

goal change orders as moot.

The following relevant facts and procedural history are undisputed.2 The

Philadelphia Department of Human Services (“DHS”) first became involved

with this family in 2008 and then again in 2013 and 2014, with respect to her

four children, none of whom are subjects of these appeals. DHS Petition,

8/5/2021, at ¶ a, e, m. On March 17, 2017, the trial court terminated Mother’s

parental rights to three of those children.3 Id. at ¶ ff.

Thereafter, in December 2017, DHS received a general protective

services (“GPS”) report alleging that Mother gave birth to S.C. Id. at ¶ gg.

The report further alleged that Mother did not appear prepared to care for

S.C., and she had a history of using phencyclidine (PCP) and marijuana. Id.

On December 27, 2017, DHS obtained an order of protective custody (“OPC”)

2 During the August 18, 2022 termination hearing, counsel for Mother stipulated to the facts as alleged in the petitions filed by DHS. Notes of testimony, 8/18/22 at 30-35.

3In July 2016, one of Mother’s children died of natural causes. DHS Petition, 8/5/2021, at ¶ dd.

On June 25, 2018, this Court affirmed the decrees involuntarily terminating Mother’s parental rights to two of the children. In the Interest of A.M., 2018 WL 1979123 (Pa.Super. 2018) (unpublished memorandum). This Court vacated the order involuntarily terminating Mother’s parental rights to the third child. Id.

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for S.C. and placed him in the kinship care of his maternal great-cousin, J.S.,

where he currently remains.

At a shelter care hearing on December 28, 2017, the trial court lifted

the OPC, ordered legal custody to DHS, and ordered the temporary

commitment to stand. Subsequently, on January 10, 2018, after a hearing,

the trial court adjudicated S.C. dependent. On April 4, 2018, the trial court

issued an order finding that aggravated circumstances exist as to Mother due

to the termination of her parental rights to other children.

Nevertheless, the court maintained a permanency plan of reunification.

In furtherance of this goal, Mother was required to comply with the following

objectives: (1) comply with mental health services, sign releases, and comply

with all recommendations; (2) attend visitation; (3) report for random drug

screens; (4) attend family school; (5) maintain stable employment; (6) obtain

appropriate housing; (7) complete a parenting capacity evaluation and comply

with the recommendations; and (8) attend Achieving Reunification Center

(“ARC”) for anger management, housing, and employment services. DHS

petition, 8/5/2021, at ¶ pp; DHS petition, 7/25/2022, at ¶ q; Notes of

testimony, 8/18/22 at 26-27.

In August 2021, DHS received another GPS report alleging that Mother

gave birth to G.C.; she was homeless; she did not have infant supplies; and

S.C. and one other child were in placement. On August 16, 2021, DHS

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obtained an OPC for G.C., and placed him in the kinship care of a family friend,

S.M., where he currently remains.

At a shelter care hearing on August 18, 2021, the trial court lifted the

OPC, ordered legal custody to DHS, and ordered the temporary commitment

to stand. On September 21, 2021, after a hearing, the trial court adjudicated

G.C. dependent. On the same date, the trial court issued an order finding that

aggravated circumstances exist as to Mother due to the termination of her

parental rights to other children. The trial court established a permanency

plan of reunification and provided Mother with largely the same objectives.

The record does not contain significant detail, but provides that over the

course of the dependencies, Mother failed to consistently attend mental health

services. In February 2022, JFK Behavioral Health discharged Mother due to

lack of attendance. Notes of testimony, 8/18/22 at 20. Mother has also failed

to consistently visit with and care for Children. DHS petition, 8/5/2021, ¶ nnn;

DHS petition, 7/25/2022 ¶ u; Notes of testimony, 8/18/22 at 38-40, 44-47.

Mother also failed to obtain suitable housing and maintain stable employment.

8/5/2021, ¶ nnn; DHS petition, 7/25/2022 ¶ u. Furthermore, as best we can

discern from the record, Mother did not complete her ARC objective. DHS

petition, 8/5/2021, ¶ uu.

On August 5, 2021, DHS filed a petition for the involuntary termination

of Mother’s parental rights to S.C. pursuant to 23 Pa.C.S.A § 2511(a)(1), (2),

(5), (8), and (b), along with a petition to change S.C.’s permanency goal from

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reunification to adoption.4 Thereafter, on July 25, 2022, DHS filed a petition

for the involuntary termination of Mother’s parental rights to G.C., then almost

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

with a petition to change G.C.’s permanency goal from reunification to

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