In the Int. of: W.O., Appeal of: W.R.

CourtSuperior Court of Pennsylvania
DecidedJuly 31, 2023
Docket31 EDA 2023
StatusUnpublished

This text of In the Int. of: W.O., Appeal of: W.R. (In the Int. of: W.O., Appeal of: W.R.) 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: W.O., Appeal of: W.R., (Pa. Ct. App. 2023).

Opinion

J-S20031-23

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT OP 65.37

IN THE INTEREST OF: W.O., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: W.R., FATHER : : : : : No. 31 EDA 2023

Appeal from the Order Entered December 6, 2022 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-DP-0001575-2019

IN THE INTEREST OF: W.A.O., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: W.R., FATHER : : : : : No. 32 EDA 2023

Appeal from the Decree Entered December 6, 2022 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-AP-0000129-2021

IN THE INTEREST OF: W.O., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: W.R., FATHER : : : : : No. 33 EDA 2023

Appeal from the Order Entered December 6, 2022 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-DP-0001576-2019 J-S20031-23

IN THE INTEREST OF: W.O., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: W.R., FATHER : : : : : No. 34 EDA 2023

Appeal from the Decree Entered December 6, 2022 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-AP-0000128-2021

IN THE INTEREST OF: X.R., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: W.R., FATHER : : : : : No. 35 EDA 2023

Appeal from the Order Entered December 6, 2022 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-DP-0001577-2019

IN THE INTEREST OF: X.R., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: W.R., FATHER : : : : : No. 36 EDA 2023

Appeal from the Decree Entered December 6, 2022 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-AP-0000130-2021

-2- J-S20031-23

BEFORE: DUBOW, J., KUNSELMAN, J., and COLINS, J.*

MEMORANDUM BY COLINS, J.: FILED JULY 31, 2023

W.R. (“Father”) appeals from the December 6, 2022 decrees that

terminated his parental rights with respect to his biological sons, W.A.O., born

in October 2012, W.O., born in August 2014, and X.R., born in September

2019 (collectively, “the Children”).1, 2 Father has also appealed the December

6, 2022 orders that changed the respective permanency goals of the Children

from reunification to adoption. After careful review, we affirm the termination

decrees and dismiss Father’s appeals from the goal change orders as moot.

The trial court has authored an apt summary of the lengthy factual and

procedural history of this matter, as follows:

[In October 2012], the Philadelphia Department of Human Services (“DHS”) received a General Protective Services (“GPS”) report which alleged that [J.O. (“Mother”)] was suffering from uncontrollable depression which resulted in her using cocaine and marijuana [during her pregnancy and] that she had been diagnosed with depression and bipolar disorder. The report also alleged that W.A.O. was born full term [in October 2012], and that W.A.O. and Mother were expected to be discharged from the ____________________________________________

* Retired Senior Judge assigned to the Superior Court.

1 The trial court’s December 6, 2022 decrees also terminated the parental rights of the Children’s mother, J.O., who did not file any notice of appeal with respect to these decrees, nor has she otherwise participated in this appeal.

2 Although Father is listed on X.R.’s birth certificate, he does not appear on the birth certificates of either W.A.O. or W.O. See N.T., 12/6/22, at 35-36. However, he has consistently held himself out as the biological father of the Children throughout these proceedings. Id. Accordingly, the trial court’s decrees also terminated the parental rights of any putative, unknown fathers. No other individual has ever sought to exercise such rights in this case.

-3- J-S20031-23

hospital on October 18, 2012. Mother claimed not to know the identity of W.A.O.’s father.

On October 17, 2012, W.A.O. was released from the hospital into Mother’s care. . . .

[In August 2014], Mother gave birth to W.O. at Temple University Hospital. . . . He was hospitalized in the neonatal intensive care unit due to being born prematurely.

Mother was also the guardian of two other older biological children at this time and those two children, as well as well as W.A.O. and W.O., resided with her. . . .

On May 2, 2019, DHS received a GPS report alleging that one of the older children brought a vial of crack cocaine to school and showed it to a classmate. [When questioned by school staff, the older child averred that the vial of cocaine had been in a purse she received from Mother.]

....

[In late September 2019], DHS received a GPS report alleging that one day earlier, Mother and X.R. both tested positive for cocaine at the time of X.R.’s birth . . . .

The same day, DHS visited the home of X.R.’s paternal uncle where he, Mother, the Children, and the two older children were present. DHS learned that Father also resided at the home but was not present at the time of their first visit. . . . DHS developed a single case plan (“SCP”) . . .

On September 25, 2019, X.R. was discharged from the hospital into the care of Mother and Father (collectively, “Parents”). The Children remained in Mother’s and Father’s care. . . .

DHS noticed that W.O. was not meeting developmental milestones and did not behave in an age-appropriate manner.

The Children were adjudicated dependent by the court on October 16, 2019. It was ordered that Mother be referred for monitoring, a forthwith drug screen, and three random drug screens prior to the next court listing . . . . Parents were both ordered to sign releases and consents. Father was ordered to avail himself to [the

-4- J-S20031-23

Community Umbrella Agency (“CUA”)] for an interview, schedule an appointment with CUA, and be incorporated into the written safety plan. The court also ordered Father to provide verification of his employment. . . .

On November 20, 2019, CUA received Mother’s drug screen results from October 16, 2019, and October 25, 2019. Both tests were positive for illegal substances. On November 21, 2019, DHS obtained an order of protective custody (“OPC”) for the Children and placed them in foster care[.] Father remained in the family residence with Mother and the two older children. At the shelter care hearing held on November 22, 2019, the court . . . committed the Children to CUA. . . .

On December 14, 2020, CUA revised the single case plan (“SCP”) for this case. . . .

The SCP objectives identified for Father were to contact the resource parent to be engaged in medical appointments, to contact the school to be engaged in educational planning, to attend parenting classes on a weekly basis, to complete parenting classes and receive a certification of completion, to participate in visitations with the Children weekly or as scheduled, to demonstrate emotional and physical support towards the Children during contact with them, to complete housing applications and to attend a housing program. Father signed the document identifying these objectives.

A permanency review hearing was held for the Children before the court on March 16, 2020. It was ordered that the Children remain as committed and that Parents receive twice weekly supervised visits with the Children at the provider agency. . . .

Another permanency review hearing for the Children was held before the court on November 10, 2020. It was ordered that Parents be referred for dual diagnosis assessments (mental health and substance abuse) . . ., that CUA conduct a home assessment of the family home, that Parents comply with the home assessment, . . .

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re D.A.
801 A.2d 614 (Superior Court of Pennsylvania, 2002)
In re B.L.W.
843 A.2d 380 (Superior Court of Pennsylvania, 2004)
In the Interest of K.Z.S.
946 A.2d 753 (Superior Court of Pennsylvania, 2008)
In re Z.P.
994 A.2d 1108 (Superior Court of Pennsylvania, 2010)
In re T.S.M.
71 A.3d 251 (Supreme Court of Pennsylvania, 2013)
In re E.M.
620 A.2d 481 (Supreme Court of Pennsylvania, 1993)
In the Int. of: D.R.-W., a Minor Appeal of: D.W.
2020 Pa. Super. 15 (Superior Court of Pennsylvania, 2020)
In Re: Adopt of: A.H., Appeal of: C.W.
2021 Pa. Super. 33 (Superior Court of Pennsylvania, 2021)

Cite This Page — Counsel Stack

Bluebook (online)
In the Int. of: W.O., Appeal of: W.R., Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-int-of-wo-appeal-of-wr-pasuperct-2023.