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

CourtSuperior Court of Pennsylvania
DecidedAugust 6, 2024
Docket29 EDA 2024
StatusUnpublished

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

Opinion

J-S21045-24

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN THE INTEREST OF: S.H., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: T.H., MOTHER : : : : : 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 : : : : : 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. J-S21045-24

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.

-2- J-S21045-24

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.

-3- J-S21045-24

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.

-4- J-S21045-24

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.

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