In the Interest of: K.B., Appeal of: S.S.

CourtSuperior Court of Pennsylvania
DecidedMay 28, 2020
Docket1831 WDA 2019
StatusUnpublished

This text of In the Interest of: K.B., Appeal of: S.S. (In the Interest of: K.B., Appeal of: S.S.) 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: K.B., Appeal of: S.S., (Pa. Ct. App. 2020).

Opinion

J-A12015-20

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

IN THE INTEREST OF: K.M.B., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: S.S. : : : : : No. 1831 WDA 2019

Appeal from the Order Entered November 13, 2019 In the Court of Common Pleas of Allegheny County Orphans' Court at No(s): CP-02-AP-0000054-2019

IN THE INTEREST OF: D.M.S., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: S.S. : : : : : No. 1832 WDA 2019

Appeal from the Order Entered November 13, 2019 In the Court of Common Pleas of Allegheny County Civil Division at No(s): CP-02-AP-0000055-2019

IN THE INTEREST OF: A.S., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: S.S. : : : : : No. 1833 WDA 2019

Appeal from the Order Entered November 13, 2019 In the Court of Common Pleas of Allegheny County Orphans' Court at No(s): CP-02-AP-0000056-2019 J-A12015-20

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

MEMORANDUM BY COLINS, J.: FILED MAY 28, 2020

Appellant, S.S. (“Mother”), files this appeal from the orders dated

November 13, 2019, and entered November 21, 2019, in the Allegheny

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

Office of Children, Youth and Families (“CYF”) and involuntarily terminating

her parental rights to her children, K.M.B., born June 2003, D.M.S., born

September 2006, and A.S., born September 2011 (collectively, “Children”),

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

we affirm.

In its opinion, the trial court fully and correctly set forth the relevant

facts and procedural history of this case. Orphans’ Ct. Op., filed January 24,

2020, pp. 1-6. For the convenience of the reader, we note that Mother, who

has nine children, has a lengthy history with agencies in both the

Commonwealth of Pennsylvania and the State of Ohio. Id. at 2; Joint Ex. A.

Mother’s parental rights were terminated to one of the children, who was

____________________________________________

* Retired Senior Judge assigned to the Superior Court.

1 By separate decree dated and entered same date, the orphans’ court also involuntarily terminated the parental rights of K.B., the father of K.M.B., pursuant to 23 Pa.C.S. § 2511(a)(1), (2), (5), (8), and (b); the parental rights of K.B., L.D., and an unknown Father to D.M.S., pursuant to 23 Pa.C.S. § 2511(a)(1), (2), (5), (8) and (b); and the parental rights of Q.B. and an unknown Father to A.S., pursuant to 23 Pa.C.S. § 2511(a)(1), (2), (5), (8), and (b). No father to any of the Children has filed an appeal from these orders or participated in the instant appeal.

-2- J-A12015-20

subsequently adopted; four other children, not the subjects of the instant

appeal, were removed from her care. Orphans’ Ct. Op., pp. 1-6.

The three Children who are the subjects of the instant appeal were

adjudicated dependent on August 14, 2017, following reports that Mother

lacked safe, clean, and stable housing; that Mother was not providing

adequate sustenance for Children, and that Children were truant. Id.

Specifically, Mother’s housing was uninhabitable, such that she was forced

from the home due to code violations which included structural problems, a

leaking roof, and malfunctioning electrical fixtures. Id. In addition to the

structural issues, the home was filthy, with food, trash, dog feces, and piles

of clothing strewn throughout the living area. Id. Services were offered to

Mother; specifically, it was recommended that Mother engage in intensive

outpatient services for drug and alcohol treatment. Id.

At the dependency adjudication, Mother was ordered to work with the

family team and various services offered; attend drug and alcohol treatment

and sign releases; schedule well-child visits for Children; allow an Alliance for

Infants appointment; cooperate with CYF; and ensure that Children attended

school. Joint Ex. A.

At a permanency review hearing in November 2017, Mother had made

some progress and was moderately compliant with her goals. Orphans’ Ct.

Op., pp. 1-6. The home conditions were greatly improved, but Mother

continued to test positive for tetrahydrocannabinol (“THC”). Joint Ex. A.

Mother was incarcerated on charges relating to drunkenness and endangering

-3- J-A12015-20

the welfare of a child following an alleged assault on an adult daughter and

grandchild. Orphans’ Ct. Op., pp. 1-6.

On December 5, 2017, CYF obtained an order for emergency protective

custody of Children, who were removed from Mother’s care and placed in a

foster home. Id. Mother’s goals for reunification were to remain employed,

undergo drug and alcohol treatment, including cooperating with random drug

screens; attend mental health treatment for her bipolar disorder and treat

with a psychiatrist; obtain stable housing; address issues of domestic

violence; and work on parenting skills. Id.

Additional permanency review hearings were held in January 2018, May

2018, September 2018, January 2019, and March 2019. In January 2018,

Mother was making moderate progress towards reunification and was

moderately compliant with the permanency plan. See Permanency Review

Order, 1/26/18, at 1. In May 2018, Mother was making moderate progress

towards reunification but was minimally compliant with the permanency plan.

See Permanency Review Order, 5/4/18, at 1-2. She had not done intensive

outpatient for dual diagnosis, and had attended one drug screen and tested

positive for THC. Joint Ex. A. Mother was attending anger management

through Three Rivers Adoption Council (“TRAC”). Id. Mother was ordered to

attend drug and alcohol and submit to two screens a month; test negative for

illegal substances; follow dual diagnosis recommendations; attend parenting

classes; visit with Children through TRAC only; refrain from contacting the

-4- J-A12015-20

foster mother directly; and avoid discussing the case with those not involved.

Id.

In September 2018, Mother was making moderate progress towards

reunification and was moderately compliant with the permanency plan. See

Permanency Review Order, 9/21/18, at 1. Mother was attending visits at

TRAC and attending Mon Yough for mental health and drug and alcohol

treatment. Joint Ex. A. Although intensive outpatient dual diagnosis

treatment had been recommended, Mother stated that she would not go. Id.

Mother was on probation for a year. Id. Mother was ordered to implement all

of Gregory Lobb, Ph.D.’s, recommendations; get dual diagnosis treatment and

attend screens twice per month; visit with Children once a week at TRAC and

twice a week at CYF. Id.

In January 2019, Mother was making minimal progress towards

reunification and was moderately compliant with the permanency plan. See

Permanency Review Order, 1/11/19, at 1. Mother was not attending intensive

dual diagnosis treatment, and one of Mother’s adult children, L., was living in

the home and had been found by a criminal court in Ohio to be a sexual

predator. Joint Ex. A. Mother was ordered to attend intensive outpatient dual

diagnosis treatment and attend two drug screens per month; continue

visitation as ordered; and that L. was not to be around Children. Id.

On March 15, 2019, CYF filed petitions to terminate Mother’s parental

rights to Children pursuant to 23 Pa.C.S. § 2511(a)(1), (2), (5), (8) and (b).

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