In the Interest of: D.J.-J.D., Jr., a Minor

CourtSuperior Court of Pennsylvania
DecidedOctober 3, 2017
Docket596 EDA 2017
StatusUnpublished

This text of In the Interest of: D.J.-J.D., Jr., a Minor (In the Interest of: D.J.-J.D., Jr., 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 Interest of: D.J.-J.D., Jr., a Minor, (Pa. Ct. App. 2017).

Opinion

J-S50034-17

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

IN THE INTEREST OF: D.J.-J.D., : IN THE SUPERIOR COURT OF JR., A MINOR : PENNSYLVANIA : : APPEAL OF: V.C., MOTHER : : : : : No. 596 EDA 2017

Appeal from the Order Entered January 19, 2017 In the Court of Common Pleas of Philadelphia County Family Court at No(s): CP-51-AP-0001218-2016, CP-51-DP-0001911-2014

IN THE INTEREST OF: L.S.A.C., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: V.C., MOTHER : : : : : No. 603 EDA 2017

Appeal from the Order Entered January 19, 2017 In the Court of Common Pleas of Philadelphia County Family Court at No(s): CP-51-AP-0001220-2016, CP-51-DP-0001912-2014 J-S50034-17

IN THE INTEREST OF: S.-A.V.C., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: V.C., MOTHER : : : : : No. 605 EDA 2017

Appeal from the Order Entered January 19, 2017 In the Court of Common Pleas of Philadelphia County Family Court at No(s): CP-51-0001295-2012, CP-51-AP-0001219-2016

BEFORE: PANELLA, MOULTON, and RANSOM, JJ.

MEMORANDUM BY RANSOM, J.: FILED OCTOBER 03, 2017

V.C. (“Mother”) appeals from the decrees dated and entered on January

19, 2017, granting the petitions filed by the Philadelphia County Department

of Human Services (“DHS” or the “Agency”), to involuntarily terminate her

parental rights to her dependent children, S.C., a/k/a S.-A.V.C. (a female born

in June of 2011) and L.C., a/k/a L.S.A.C. (a female born in January of 2014),

pursuant to the Adoption Act, 23 Pa.C.S. § 2511(a)(1), (2), (5), (8), and (b).

Mother also appeals the orders dated and entered on January 19, 2017,

granting the petition filed by DHS to involuntarily terminate her parental rights

to her dependent male child, D.J.-J.D., Jr., a/k/a D.D. (born in January 2013),

-2- J-S50034-17

whose biological father, D.D., is deceased, pursuant to the Adoption Act, 23

Pa.C.S. § 2511(a)(1), (2), (5), (8), and (b).1 We affirm.

The trial court set forth the factual background of Mother’s appeal as

follows.

***

Prior to the birth of the Children, on October 23, 2010, the family became known to the Department of Human Services (“DHS”) through a Child Protective Services (“CPS”) report alleging Father caused the death of the Children’s sibling, [S.]2. An autopsy of [S.] revealed evidence of pre-existing trauma and injuries. On October 25, 2010, DHS learned that the Philadelphia Police Department’s Homicide Unit had begun investigating [S.’s] death. On October 25, 2010, DHS met with Mother and Father in their home and interviewed them separately. Mother stated that she was at work when [S.] died. Father stated that he found [S.] in the shower in a distressed physical condition. DHS determined that Father’s account was not credible.

On October 26, 2010, the Medical Examiner’s Office informed DHS that [S.’s] death was deemed a homicide and the cause of death was multiple blunt impact injuries.3 The same day DHS obtained an Order for Protective Custody (“OPC”) for two other children [Ny.] and [Sy.], the biological children of Mother but not Father. [Ny.] and [Sy.] were in the care of Mother and Father when [S.] died.

On June [ ], 2011, Mother gave birth to SC, the biological daughter of Father[,] E.D. On July 31, 2012, the Honorable Jonathan Irvine ____________________________________________

1 We refer to S.C., L.C., and D.D. collectively as the “Children”. In decrees dated and entered on January 9, 2017, the trial court granted the petitions to involuntarily terminate the parental rights of E.D., the biological father of L.C. and S.C. (“Father”), to L.C. and S.C. Father has filed an appeal from the termination of his parental rights, which is assigned Docket Nos. 514, 515, 516, and 518 EDA 2017, and is pending before this panel for decision. We will dispose of Father’s appeal in a separate Memorandum. D.D.’s father, D.D., died in September of 2014.

-3- J-S50034-17

adjudicated SC dependent and issued a stay away order against Father and also ruled that aggravated circumstances existed as to Mother and Father and that no efforts need be made to reunify SC with Father[.] Thereafter, Father was found guilty on drug related offenses4.

On January [ ], 2013, DD was born. On September 11, 2014, a stay away order was issued against Father in reference to DD. On September 21, 2014, DD’s biological father, [D.D.], was murdered.

On January [ ], 2014, LC was born.5 On June 21, 2014, DHS made an unannounced visit to Mother’s home and found Father at the home in violation of the stay away order. At the adjudicatory hearing on March 12, 2015, LC was adjudicated dependent by the Honorable Jonathan Irvine and Father was ordered to stay away from LC.

On January 7, 2015, DD was adjudicated dependent by the Honorable Jonathan Irvine. On June 29, 2015, CUA held a Single Case Plan (“SCP”) meeting. The objectives identified for Mother were (1) to participate in grief therapy; (2) to seek resources to apply for safe housing; (3) to comply with a Parental Capacity Evaluation (“PCE”); (4) to comply with the stay away order and (5) to visit the Children.

On December 2, 2015, Dr. William Russell, Ph.D., conducted a PCE for Mother. Dr. Russell recommended the following: (1) Mother continue to attend weekly individual therapy with the goal to develop a clear understanding of the events leading to DHS involvement with her children; (2) compliance with mental health treatment; (3) to provide paternity information about Mother’s other children, [Aa.] and [Au.]; (4) to maintain housing and employment; and (5) to increase visitation.

On May 25, 2016 CUA again revised the SCP for Mother, the objectives for Mother were (1) to participate in grief therapy; (2) to visit Children; (3) to be engaged in Child’s (S.C.) mental health treatment; (4) to have no contact with Father; and (5) to establish a long term healthcare plan. On November 17, 2016, DHS received as (“GPS”) report alleging that Mother and Father were still in a relationship despite of a Protection from Abuse Order (“PFA”) and a stay away order. DHS learned that Father had been

-4- J-S50034-17

incarcerated for the offense of Endangering the Welfare of a Child ([S.]) and served two years of incarceration[.] ___________________________________________________

2 Father was not the biological father of [S.] but the Children had the same biological mother, V.C. (“Mother”), Appellant.

3 On October 26, 2010, DHS also learned that [S.] suffered from cardiac arrest.

4 Father plead guilty to Intent to Manufacture/Deliver/Possession of a Controlled Substance pursuant to 35 [P.S.] § 780-113 on October 23[,] 2012.

5 A paternity test determined that Father was the biological parent of L.C.

Trial Court Opinion (“Mother”), 4/4/17, at 2-6 (footnotes in original) (citations

omitted).

On December 9, 2016, DHS filed petitions to terminate Mother and

Father’s parental rights to the Children and to change the Children’s

permanency goal to adoption. On January 9, 2017, the trial court held a

hearing on the termination/goal change petitions. At the hearing, counsel for

DHS, Mother and her counsel, Father and his counsel, and the Child Advocate,

were present. DHS presented the testimony of Tieshima Brown, a case

manager and social worker at the Community Umbrella Agency (“CUA”),

Turning Points for Children; Courtney Ransom, a program analyst for DHS;

Dr. Erica Williams, Psy.D., a psychologist who is the Director of Forensic

Mental Health Services; Dr. William Russell, Ph.D., a forensic psychologist who

works at Forensic Mental Health Services, who evaluated both Mother and

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

Related

In Re Adoption of Atencio
650 A.2d 1064 (Supreme Court of Pennsylvania, 1994)
In Re B.,N.M.
856 A.2d 847 (Superior Court of Pennsylvania, 2004)
Krebs v. United Refining Co. of Pennsylvania
893 A.2d 776 (Superior Court of Pennsylvania, 2006)
Samuel-Bassett v. Kia Motors America, Inc.
34 A.3d 1 (Supreme Court of Pennsylvania, 2011)
In Re Adoption of JJ
515 A.2d 883 (Supreme Court of Pennsylvania, 1986)
In Re William L.
383 A.2d 1228 (Supreme Court of Pennsylvania, 1978)
Christianson v. Ely
838 A.2d 630 (Supreme Court of Pennsylvania, 2003)
In the Interest of A.L.D.
797 A.2d 326 (Superior Court of Pennsylvania, 2002)
In re J.L.C.
837 A.2d 1247 (Superior Court of Pennsylvania, 2003)
In re B.L.W.
843 A.2d 380 (Superior Court of Pennsylvania, 2004)
In re Z.S.W.
946 A.2d 726 (Superior Court of Pennsylvania, 2008)
In the Interest of K.Z.S.
946 A.2d 753 (Superior Court of Pennsylvania, 2008)
In re Adoption of C.L.G.
956 A.2d 999 (Superior Court of Pennsylvania, 2008)
In re K.K.R.-S.
958 A.2d 529 (Superior Court of Pennsylvania, 2008)
In re R.N.J.
985 A.2d 273 (Superior Court of Pennsylvania, 2009)
In re Z.P.
994 A.2d 1108 (Superior Court of Pennsylvania, 2010)
In the Interest of R.J.T.
9 A.3d 1179 (Supreme Court of Pennsylvania, 2010)
In re R.I.S.
36 A.3d 567 (Supreme Court of Pennsylvania, 2011)
In re Adoption of S.P.
47 A.3d 817 (Supreme Court of Pennsylvania, 2012)
In re K.M.
53 A.3d 781 (Superior Court of Pennsylvania, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
In the Interest of: D.J.-J.D., Jr., a Minor, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-dj-jd-jr-a-minor-pasuperct-2017.