In the Interest of: D.W., a Minor

CourtSuperior Court of Pennsylvania
DecidedApril 10, 2017
DocketIn the Interest of: D.W., a Minor No. 2757 EDA 2016
StatusUnpublished

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

Opinion

J-S18002-17

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

IN THE INTEREST OF: D.W., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: K.W., FATHER : : : : : No. 2757 EDA 2016

Appeal from the Decree and Order Entered July 27, 2016 In the Court of Common Pleas of Philadelphia County Domestic Relations at No(s): CP-51-AP-0000796-2015, CP-51-DP-0001269-2012

BEFORE: PANELLA, J., SOLANO, J., and FITZGERALD, J.*

MEMORANDUM BY PANELLA, J. FILED APRIL 10, 2017

K.W. (“Father”) appeals from the decree entered July 27, 2016, in the

Philadelphia County Court of Common Pleas, granting the petition of the

Philadelphia County Department of Human Services (“DHS”) and

involuntarily terminating his parental rights to his minor, dependent son,

D.W., born in July 2012 (“Child”), pursuant to the Adoption Act, 23 Pa.C.S. §

2511(a)(1), (2), and (b). Father further appeals the order entered July 27,

2016, changing Child’s permanency goal to adoption pursuant to the

Juvenile Act, 42 Pa.C.S. § 6351.1 We affirm. ____________________________________________

* Former Justice specially assigned to the Superior Court. 1 As Father did not raise the change of Child’s permanency goal to adoption in his concise statement of errors complained of on appeal, we find the issue is waived. See Dietrich v. Dietrich, 923 A.2d 461, 463 (Pa. Super. 2007) (Footnote Continued Next Page) J-S18002-17

The trial court summarized the relevant procedural and factual history,

including as related to Mother, in part, as follows:2

On January 17, 2006, [DHS] received a General Protective Services (GPS) [r]eport alleging that [c]hildren’s [m]other, T.J., suffered from depression and anxiety. Mother attempted to stab herself in the stomach prior to giving birth. Mother stated that she did not want to give birth to her third child. Mother tested positive for marijuana and benzodiazepines. Mother stated that the [c]hildren’s [m]aternal [a]unt, A.D., would care for the newborn child. This [r]eport was substantiated.

On May 18, 2006, DHS implemented Services to Children in Their Own Homes (SCOH) Level II through Jewish Family and Children Services (JFCS). This service was discharged on June 26, 2008.

On February 4, 2008, DHS received a Child Protective Services (CPS) [r]eport alleging that Mother’s fourth child, a daughter, suffered from hand tremors due to nerve disorders. The [c]hild had difficulty holding a pencil and she was not meeting age appropriate milestones. The [c]hildren’s [m]aternal [g]randmother, D.P., escorted the [c]hild to the Philadelphia District Health Center #5. The [c]hild was referred to see a neurologist in 2007. School staff made numerous outreach attempts to reach Mother. Mother stated that her hands would tremble also; however, she did not say whether she planned to take the [c]hild to the neurologist. This report was indicated due to medical evidence and Mother was named as the perpetrator.

On May 13, 2010, DHS received a GPS [r]eport alleging that Mother was talking on the telephone and her daughter was being disrespectful. Mother placed the phone down and punched her daughter in her mouth. It was unknown if the daughter sustained any injuries, pain or impairment as a result. Mother _______________________ (Footnote Continued)

(stating any issues not raised in Rule 1925(b) statement are waived on appeal). 2 As the trial court addressed Mother’s behaviors, and given the significance of the response and reaction of Father, we include this background.

-2- J-S18002-17

was abusing drugs and not providing adequate care for [c]hildren. There was no running water in the home and the [c]hildren were rotating between sleeping on the floor and a mattress. The [c]hildren wore the same clothing and appeared dirty and unkempt. Mother had not taken daughter to see a neurologist. Mother was abusing wet[3] and pills. This [r]eport was substantiated.

On July 16, 2012, DHS received a GPS [r]eport alleging that T.J., Mother, gave birth to D.W., the [c]hild in this case. Mother tested positive for marijuana, benzodiazepines and PCP at Temple University Hospital. The [c]hild’s drug test was pending.[4] Mother stated that she relapsed on July 13, 2012. Mother stated that she used cocaine, Xanax, and PCP because she was stressed. Mother stated that she had been smoking marijuana since she was 16 years old and actively using PCP since 2010. Mother resided with the paternal side of the family and stated that she planned to move. The [c]hild’s [f]ather, K.W., was visiting the [c]hild and giving support to the family. The [r]eport was substantiated.

On July 17, 2012, DHS met with Mother at Temple University Hospital. DHS learned that Mother tested negative for marijuana. Mother admitted to using drugs and stated that she wanted to begin treatment. DHS suggested that Mother receive inpatient drug and alcohol treatment; however, she stated that she did not have medical insurance.

On July 17, 2012, DHS visited Father at the address where he was temporarily residing. Father became irate and DHS was unable to conduct a home assessment. ____________________________________________

3 “‘Wet,’ one of the mixture’s street names, can be used to refer both to a marijuana cigarette dipped in liquid PCP and to the PCP component on its own, which is also used to coat ordinary cigarettes and other substances.” What is Wet? Dangerous Drug Cocktail, available at http://www.livescience.com/22917-wet-pcp-marijuana.html (last visited March 20, 2017). 4 DHS social worker Rimoini Peace testified that Mother tested positive for cocaine, benzodiazepines, and opiates—and Child tested positive for cocaine and benzodiazepines. N.T., 7/27/16, at 8. Ms. Peace also stated that Child was “exposed to a life-threatening illness.” Id., at 6-7.

-3- J-S18002-17

On July 18, 2012, DHS learned that Mother and Child were ready for discharge from Temple University Hospital.

On July 18, 2012, DHS obtained an Order of Protective Custody (OPC) for this [c]hild and placed him in a foster care home through Children’s Choice, Inc. (CCI), where he currently remains.

A Shelter Care Hearing was held on July 19, 2012, before the Honorable Thomas M. Nocella. The [c]ourt lifted the OPC and found that legal custody of the [c]hild would remain with [DHS]. The [c]hild’s placement to remain in [f]oster [c]are. Child receives medical treatment at St. Christopher’s Hospital for a health condition. Father’s address is [on] Braddock St., Philadelphia, PA 19134. DHS to conduct a home assessment of Father’s home. Both Mother and Father are referred to CEU forthwith for drug screen, assessment, and dual diagnosis. Child safe as of 7/18/2012.

An Adjudicatory Hearing was held on August 27, 2012, before the Honorable Thomas M. Nocella. The [c]ourt found legal custody of the Child remains with DHS, and the [d]ependent [c]hild is to be placed by DHS in [f]oster [c]are through [CCI]. Mother to comply with all CEU recommendations. Father referred to CEU for evaluation, full drug and alcohol screen dual diagnosis. DHS to apply for Child’s birth certificate, FSP meeting within 30 days. Parents permitted supervised visits as arranged by the parties.

On October 8, 2012, Father completed an evaluation at CEU. CEU recommended that Father attend his intake appointment at the Wedge Medical Center on October 12, 2012, and follow through with treatment.

Trial Court Opinion, 11/1/16, at 2-5 (citations to record omitted).

The trial court held regular permanency review hearings in this matter.

Throughout these reviews, the court maintained Child’s commitment and

placement.

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