In the Interest of: K.L. Appeal of: S.C.

CourtSuperior Court of Pennsylvania
DecidedMarch 31, 2025
Docket1508 WDA 2024
StatusUnpublished

This text of In the Interest of: K.L. Appeal of: S.C. (In the Interest of: K.L. Appeal of: S.C.) 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.L. Appeal of: S.C., (Pa. Ct. App. 2025).

Opinion

J-S11001-25

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN THE INTEREST OF: K.L., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: S.C., MOTHER : : : : : No. 1508 WDA 2024

Appeal from the Order Entered November 6, 2024 In the Court of Common Pleas of Allegheny County Orphans' Court at No(s): CP-02-AP-0000239-2023

IN THE INTEREST OF: M.M., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: S.C., MOTHER : : : : : No. 1509 WDA 2024

Appeal from the Order Entered November 6, 2024 In the Court of Common Pleas of Allegheny County Orphans' Court at No(s): CP-02-AP-0000238-2023

BEFORE: MURRAY, J., KING, J., and LANE, J.

MEMORANDUM BY MURRAY, J.: FILED: MARCH 31, 2025

S.C. (Mother) appeals from the orders granting the petitions filed by the

Allegheny County Office of Children, Youth, and Families (CYF), and

involuntarily terminating Mother’s parental rights to her daughters, K.L. (born J-S11001-25

in April 2015) and M.M. (born in October 2022) (collectively, Children).1 Upon

careful review, we affirm.

The family came to CYF’s attention in October 2022, after receiving a

report that M.M. tested positive for fentanyl and methadone at birth. N.T.,

10/31/24, at 19-20. During her initial assessment with a CYF case worker,

Mother admitted to consuming illicit substances during her pregnancy,

although she denied using fentanyl. Id. at 20, 22. CYF obtained an

emergency custody authorization, and Children were placed in a foster home,2

where they have remained since shortly after M.M.’s birth. Id. at 21.

On November 22, 2022, the trial court adjudicated Children dependent.

The trial court further ordered Mother to undergo a drug and alcohol

assessment and submit to random drug screens. Id. The trial court granted

Mother supervised visitation with Children, which could progress to periods of

unsupervised visitation by agreement of CYF. Order of Adjudication,

11/22/22, at 2.

____________________________________________

1 C.L., biological fatherof K.L., and C.M., putative father of M.M., are both deceased. Mother claimed another individual is the biological father (unknown father) of M.M. The trial court terminated unknown father’s parental rights to M.M., and he is not a party to the instant appeal.

2 Children’s foster parents (Foster Parents) are a pre-adoptive resource. N.T., 10/31/24, at 75.

-2- J-S11001-25

Mother was placed on supervision on an unspecified date, for federal

drug charges.3 On June 9, 2023, Mother’s federal probation was revoked due

to her continued drug use, and Mother was remanded to the Butler County

Jail, until she was released in February 2024. N.T., 10/31/24, at 25, 28, 29.

On December 15, 2023, CYF filed petitions to involuntarily terminate

Mother’s parental rights to Children (TPR petitions), pursuant to 23 Pa.C.S.A.

§ 2511(a)(2), (5), (8), and (b). CYF alleged, inter alia, that “Mother[] is

unable to parent [Children,] as she has failed to comply with, or make

sufficient progress on, the goals/outcomes established for her by []CYF or in

court orders.” TPR Petition (K.L.), 12/15/23, at 3; TPR Petition (M.M.),

12/15/23, at 3-4.

On October 31, 2024, the matter proceeded to a contested TPR hearing.

Mother attended the hearing, represented by counsel. Children were not

present, but were represented by separate legal counsel.4 Pertinently, CYF

3 The October 31, 2024, termination of parental rights (TPR) hearing transcript

discloses that, at various points throughout the life of Children’s dependency cases, Mother was on pretrial supervision, probation, and parole for federal drug charges. See N.T., 10/31/24, at 28, 29, 89, 118, 165.

4 On June 24, 2024, the trial court appointed a guardian ad litem (GAL) to represent the legal interests and best interests of M.M. See Order Appointing GAL, 6/24/24, at 1. As M.M.’s legal interests were unascertainable due to M.M.’s young age, no conflict existed between M.M.’s legal interests and best interests. See In re Q.R.D., 214 A.3d 233, 240 (Pa. Super. 2019) (“[I]f the preferred outcome of a child is incapable of ascertainment because the child is very young and pre-verbal, there can be no conflict between the child’s legal interests and his or her best interests.” (citation omitted)). (Footnote Continued Next Page)

-3- J-S11001-25

presented the testimony of CYF case worker Rhianna Diana (Ms. Diana);

Allegheny County Health Department drug and alcohol screening supervisor

Tarraca Jackson (Ms. Jackson); Every Child foster care case worker Kristi

Breighner (Ms. Breighner); and licensed psychologist Terry O’Hara, Ph.D. (Dr.

O’Hara). Mother testified on her own behalf.

Ms. Diana testified that she was the family’s case worker from October

2022 to February 2024. N.T., 10/31/24, at 15, 24. In addition to Mother’s

court-ordered goals of completing drug and alcohol treatment and submitting

to random drug screens, Ms. Diana explained that Mother was ordered to work

with housing services, complete parenting classes, and resolve her criminal

charges. Id. at 21.

Ms. Diana testified that Mother did not complete a parenting program

due to her June 2023 incarceration. Id. at 22. But see id. at 137 (CYF

casework supervisor Patrick Houy (Mr. Houy) testifying that Mother completed

a parenting class in April 2024 – approximately four months after CYF filed its

TPR petitions). Further, although Mother completed a drug and alcohol

evaluation at the onset of Children’s dependency cases, Ms. Diana testified

that Mother declined to participate in the recommended inpatient treatment

because she did not believe she could engage in that level of care and maintain

On June 25, 2024, the trial court appointed counsel to represent the legal interests of K.L. See Order Appointing Legal Counsel, 6/25/24, at 1. The same order also made a finding that “no conflict exists” with respect to K.L.’s interests. Id.

-4- J-S11001-25

employment and consistent visitation with Children. Id. at 23; see also id.

at 23, 48 (Ms. Diana testifying that Mother “accepted a lower level of care[,]”

but did not follow through on treatment); Order, 11/22/22, ¶ 29 (the trial

court requiring Mother to participate in drug treatment at the “recommended

level[] of [] treatment”). Ms. Diana testified that around June 2023, Mother’s

probation officer advised her that Mother had completed a 30-day inpatient

drug and alcohol treatment/rehabilitation program. Id. at 35, 38-39. Ms.

Diana explained, however, that CYF continued to have concerns regarding

Mother’s substance abuse, as Mother relapsed days after completing the

inpatient program. Id. at 46.

Ms. Diana testified that Children view Foster Parents as parental figures,

and rely on Foster Parents for love, care, and support. Id. at 32-33. Ms.

Diana testified that Foster Parents attend to the medical and mental health

needs of Children. See id. at 33 (Ms. Diana testifying Foster Parents

“appropriately manage[]” M.M.’s asthma, and “have done a great job

[e]nsuring that [K.L.] has the therapy that she needs [for treating her

anxiety.]”).

Ms. Diana testified that a primary source of K.L.’s persistent anxiety

centered on Mother:

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

Related

Adoption of: M.A.B., A Minor, Appeal of: Erie OCY
166 A.3d 434 (Superior Court of Pennsylvania, 2017)
In re Adoption of C.L.G.
956 A.2d 999 (Superior Court of Pennsylvania, 2008)
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 Adoption of S.P.
47 A.3d 817 (Supreme Court of Pennsylvania, 2012)
In re J.F.M.
71 A.3d 989 (Superior Court of Pennsylvania, 2013)
In re Adoption of J.N.M.
177 A.3d 937 (Superior Court of Pennsylvania, 2018)
In the Int. of: K.T., Appeal of: K.T.
2024 Pa. Super. 210 (Superior Court of Pennsylvania, 2024)
In the Int. of: R.R.D., a Minor Appeal of: M.L.D.
2023 Pa. Super. 152 (Superior Court of Pennsylvania, 2023)
Adoption of: L.C.J.W. Appeal of: A.M.G.
2024 Pa. Super. 32 (Superior Court of Pennsylvania, 2024)

Cite This Page — Counsel Stack

Bluebook (online)
In the Interest of: K.L. Appeal of: S.C., Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-kl-appeal-of-sc-pasuperct-2025.