In the Int. of: W.P., a Minor

CourtSuperior Court of Pennsylvania
DecidedNovember 6, 2023
Docket633 MDA 2023
StatusUnpublished

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

Opinion

J-S32017-23

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN THE INTEREST OF: W.P., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: D.F., MOTHER : : : : : No. 633 MDA 2023

Appeal from the Order Entered March 29, 2023 In the Court of Common Pleas of York County Juvenile Division at No(s): CP-67-DP-0000251-2021

IN THE INTEREST OF: T.P., A MINOR : IN THE SUPERIOR COURT OF : PENNSYLVANIA : APPEAL OF: D.F., MOTHER : : : : : : No. 634 MDA 2023

Appeal from the Order Entered March 29, 2023 In the Court of Common Pleas of York County Juvenile Division at No(s): CP-67-DP-0000252-2021

BEFORE: DUBOW, J., KUNSELMAN, J., and NICHOLS, J.

MEMORANDUM BY KUNSELMAN, J.: FILED: NOVEMBER 6, 2023

In this consolidated matter, D.F. (Mother) appeals the orders of the York

County Court of Common Pleas (the juvenile court) to change the permanency

goal of the dependency proceedings involving Mother’s two children: five-

year-old daughter, W.P.; and three-year-old son, T.P. The orders changed

the primary goal of the family’s permanency plan from reunification to

adoption, pursuant to the Juvenile Act. See generally 42 Pa.C.S.A. § 6351. J-S32017-23

On appeal, Mother argues that the juvenile court abused its discretion,

because the record demonstrates Mother’s substantial progress under the

permanency plan and thus does not support a goal change. After careful

review, we conclude that the court acted within its broad discretion, and we

affirm.

The relevant factual and procedural history is as follows: The family

came to the attention of the York County Office of Children, Youth and Families

(the Agency) in May 2021. Mother was involved in a car accident in the early

hours of the morning with her daughter in the car. It was later determined

that Mother had been driving under the influence of drugs. The Agency initially

created a safety plan involving a kinship placement, but when the plan failed

several weeks later, the Agency filed dependency petitions. In June 2021, the

juvenile court adjudicated the Children dependent and placed them in the

home of a foster parent.

During the 21 months between the dependency adjudication in June

2021 and the goal change hearing in March 2023, the juvenile court

acknowledged that Mother made significant progress with the reunification

plan; however, in the months immediately leading up to the goal change

decision, the court also concluded that Mother’s progress had plateaued. The

record provides the following timeline:

• The November 2021 permanency review order noted that Mother had begun substance abuse treatment, was employed, had attended supervised visitation with the Children, and that she resolved her criminal case by pleading guilty to

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DUI, for which she was sentenced to 270 days of house arrest and five years of probation.

• In February 2022, Father died from a suspected drug overdose.

• In March 2022, Mother had tested positive on a drug screen and thus violated a condition of her sentence. Although she was briefly incarcerated, she soon returned to house arrest.

• In its May 2022 permanency review order, the court determined that Mother’s progress was moderate. Mother tested negative for illicit substances, maintained her employment, and visited the Children.

• In August 2022, the supervised visits were moved to Mother’s home.

• By October 2022, Mother had maintained housing and employment; her drug test results were “appropriate;” and she did not miss any visits. The Agency indicated that Mother had made significant progress, and thus was not immediately seeking termination of Mother’s rights, even though the Children had been in placement for 15 months.

• In December 2022, however, Mother was placed back on house arrest after she tested positive for phentermine, a prescription weight-loss drug. Mother claimed she received the pill from a friend without realizing that it was a prescription drug. As a result of this positive test, the Agency did not move forward with its plan to afford Mother unsupervised visits or overnight visits with the Children. Around this time, Mother was prescribed Adderall for ADHD [(Attention-Deficient/ Hyperactivity Disorder)].

• In January 2023, Mother’s visits returned to fully supervised. The court heard testimony that Mother’s boyfriend was living in the home, which was particularly problematic because the boyfriend had a criminal history for drug offenses. Mother had missed three visits. The service provider,

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Catholic Charities, was also concerned that Mother’s levels of Adderall would fluctuate and were not consistent. Mother had also initially tested positive for methamphetamines, but one of those tests was ultimately deemed a false positive; another test was awaiting confirmation.

• In March 2023, the court learned that Mother had again tested positive for methamphetamines, but that these tests were confirmed and were not false positives. The court further concluded that Mother did not sufficiently course-correct since the January 2023 permanency review hearing, as we explain in detail infra.

Although the Children’s guardian ad litem (GAL) opposed the goal

change, the court nevertheless determined that reunification could not be

achieved within a reasonable timeframe.1 Technically speaking, the court kept

concurrent goals in the permanency plan, but the court changed the primary

goal to adoption and the secondary goal to reunification.

Mother timely filed this appeal. She presents the following issues for

our review:

1. Did the trial court err as a matter of law and/or abuse its discretion in accepting the report and testimony of the caseworker despite testimony from other sources that disputed that caseworker and the caseworker’s own testimony on [the] failure to investigate the stated concerns?

2. Did the trial court err as a matter of law and/or abuse its discretion when it changed the court ordered goal from reunification to adoption without clear and

____________________________________________

1 Given that the GAL was not in agreement with the juvenile court, we are

disappointed that the GAL did not file a brief to assist us in this appeal.

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convincing evidence that a change of goal would serve the best interests of the Children?

Mother’s Brief at 5.

We address Mother’s issues contemporaneously.2 We begin by

observing the relevant standard of review. “[T]he standard of review in

dependency cases requires an appellate court to accept the findings of fact

and credibility determinations of the trial court if they are supported by the

record, but does not require the appellate court to accept the lower court’s

inferences or conclusions of law. Accordingly, we review for an abuse of

discretion.” In re R.J.T., 9 A.3d 1179, 1190 (Pa. 2010) (citations omitted).

We have explained:

Placement of and custody issues pertaining to dependent children are controlled by the Juvenile Act [42 Pa.C.S.A. §§ 6301-6365], which was amended in 1998 to conform to the federal Adoption and Safe Families Act (“ASFA”). The policy underlying these statutes is to prevent children from languishing indefinitely in foster care, with its inherent lack of permanency, normalcy, and long-term parental commitment.

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Related

In Re Adoption of R.J.S.
901 A.2d 502 (Superior Court of Pennsylvania, 2006)
In re N.C.
909 A.2d 818 (Superior Court of Pennsylvania, 2006)
In the Interest of R.J.T.
9 A.3d 1179 (Supreme Court of Pennsylvania, 2010)
In the Interest of A.B.
19 A.3d 1084 (Superior Court of Pennsylvania, 2011)

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