In the Int. of: S.H., Appeal of: T.H.

Superior Court of Pennsylvania·Decided August 6, 2024·No. 29 EDA 2024·Unpublished

Opinion

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN THE INTEREST OF: S.H., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA :

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APPEAL OF: T.H., MOTHER :

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:

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: No. 29 EDA 2024

Appeal from the Order Entered November 29, 2023 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-DP-0000141-2022

IN THE INTEREST OF: S.H., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA :

:

APPEAL OF: T.H., MOTHER :

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:

:

: No. 30 EDA 2024

Appeal from the Decree Entered November 29, 2023 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-AP-0000295-2023

BEFORE: LAZARUS, P.J., NICHOLS, J., and MURRAY, J. MEMORANDUM BY MURRAY, J.: FILED AUGUST 6, 2024 T.H. (Mother) appeals from the decree terminating her parental rights to her minor daughter, S.H. (Child) (born in February 2022), and from the order changing Child’s permanency goal from reunification to adoption. We affirm the decree and order.

Mother’s involvement with the Department of Human Services (DHS)

began prior to Child’s birth, in connection with Mother’s first child. See N.T., 11/29/23, at 27.1 In February 2022, Mother “had a mental breakdown in the hospital” after giving birth to Child. Id. at 27-28. DHS filed an application for emergency protective custody. Id.; see also Application for Emergency Protective Custody, 2/15/22; Dependency Petition, 2/24/22, ¶ 5 (alleging Mother “remains hospitalized for mental health treatment.”).

The juvenile court granted the application on February 18, 2022, and adjudicated Child dependent on March 24, 2022. The court appointed Lisa Marie Visco, Esquire, as Child’s guardian ad litem (GAL). The court set a permanency goal of reunification with Mother. See Order, 3/24/22. The court further ordered Mother to undergo mental health treatment and provide treatment records; complete a parenting program; provide proof of housing and allow a housing assessment; and provide proof of employment or income verification. Id.

Following subsequent permanency review hearings, the juvenile court found Mother had made “minimal progress toward alleviating the circumstances which necessitated the original placement.” Orders, 6/15/22,

1 The record indicates Mother’s first child is in the custody of that child’s father

and is no longer subject to dependency proceedings. N.T., 11/29/23, at 52- 53.

5/23/23, and 8/22/23. The court noted ongoing concerns with Mother’s mental health and ordered Mother to submit to drug testing. See id.

On August 9, 2023, DHS filed a petition for involuntary termination of Mother’s parental rights and a petition to change Child’s permanency goal to adoption.2 The juvenile court held a combined termination and goal-change hearing on November 29, 2023. Mother was present and represented by counsel. GAL appeared on Child’s behalf.

DHS presented testimony from Dr. Emily Salema, 3 a licensed psychologist. Dr. Salema testified that she attempted to complete a parental capacity evaluation of Mother on June 29, 2023. N.T., 11/29/23, at 11-12. Dr. Salema spoke with Mother “for about 30 minutes,” during which Mother “provided numerous statements that were illogical and bizarre.” Some of Mother’s statements

focused on issues related to HIV and AIDS, claiming that she and her siblings were able to cure a family member’s AIDS. She

2 DHS also sought termination of Child’s father’s parental rights.Child’s birth certificate identified no father, and Mother initially refused to identify the father on the grounds that he was a married man. See Application for Emergency Protective Custody, 2/15/22, at 2 (unpaginated). Mother eventually disclosed the putative father’s name, but DHS could not locate him. See Petition for Involuntary Termination of Parental Rights, 8/9/23, ¶¶ 4-5. DHS had no evidence the father had ever had contact with Child, and no one came forward to identify himself as Child’s father. N.T., 11/29/23, at 42-43. The father did not appear or otherwise participate in the termination or dependency proceedings.

3 Though her name is spelled “Salima” in the hearing transcript, Dr. Salema’s

curriculum vitae and report set forth her name’s correct spelling. See DHS Exhibits 4 and 5.

discussed what appeared to be a rivalry between police officers and truck drivers in the 1800s. She made numerous statements suggesting that she was going to a mental hospital that day for intravenous medication, not psychotropic medication, but some type of intravenous medication. She also made reference to living in Georgia near a Navy [base,] and having some sort of conflict with an adult male.

Id. at 13-14; see also DHS Exhibit 5 (Dr. Salema’s report, noting Mother claimed “she does not need psychotropic medication and she is not mentally ill.”). Dr. Salema testified Mother demonstrated a lack of “connection with reality” and an inability to “engage in a discussion” or “understand the purpose of the evaluation.” N.T., 11/29/23, at 18. Dr. Salema concluded Mother lacked the ability to parent Child or “make decisions about her [own] wellbeing or the wellbeing of anyone else.” Id. at 16-17.

DHS also presented testimony from Lovedelia Grandoe, the family’s Community Umbrella Agency (CUA) case manager. Ms. Grandoe testified DHS initially placed Child with a family member, but Mother repeatedly went to the family member’s residence and started arguments. Id. at 28. At Mother’s request, DHS placed Child with a different family member, but Mother continued to cause arguments. Id. In one incident, police were called after Mother tried to fight the family member, who was holding Child at the time. Id. Due to Mother’s conduct, DHS removed Child from the family setting and placed her with a foster mother, where she has been since June 2022. Id. Ms. Grandoe testified Mother had difficulty understanding why Child was in foster care and not in Mother’s custody. Id. at 29.

The juvenile court permitted Mother supervised visits with Child twice per week. Id. at 30. Ms. Grandoe testified Mother’s attendance was inconsistent, with approximately 14 missed visits within the previous year. Id. at 30-31, 54-56; see also DHS Exhibit 7 (missed visit logs). Ms. Grandoe described Mother’s concerning behavior during visits: “[E]very single visit[, Mother] is having inappropriate conversation with the [C]hild[,] where [Mother is] telling the [C]hild that [Child] has AIDS[, that the] caseworker gave her AIDS.” N.T., 11/29/23, at 32. Mother also told Child that Child’s older sibling had been sexually abused by family members. Id. Ms. Grandoe described Mother’s visits as involving “just a lot of inappropriate conversation for a 20[-]month[-]old child.” Id.; see also DHS Exhibit 6 at 2 (visitation assessment by CUA stating Mother “has to be told several times to stop using profanity in her visits.”). According to Ms. Grandoe, when she questioned Mother about her behavior during visits, Mother responded, “it’s my daughter, I can do what I want to do or say what I want to say to her.” N.T., 11/29/23, at 33. Ms. Grandoe testified that Mother “really doesn’t acknowledge the fact that what she say[s] is inappropriate.” Id.

Ms. Grandoe testified Mother had received some mental health services at Serenity Safe Haven, but Mother was not consistent with the services. Id. at 35. Moreover, Ms. Grandoe indicated the services offered at Serenity Safe Haven were not sufficient to address Mother’s psychiatric needs. Id. Ms. Grandoe was not aware of Mother completing any mental health treatment

that sufficiently addressed her needs. Id. at 36. Ms. Grandoe testified that, during a supervised visit, Mother stated she did not believe she needed mental health treatment. Id. at 32. According to Ms. Grandoe, Mother asserted that Ms. Grandoe, not Mother, was “the one that needs medication….” Id.

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In the Int. of: S.H., Appeal of: T.H., (Pa. Ct. App. 2024).

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