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

Superior Court of Pennsylvania·Decided March 31, 2025·No. 1508 WDA 2024·Unpublished

Opinion

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN THE INTEREST OF: K.L., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA :

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APPEAL OF: S.C., MOTHER :

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: 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 :

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APPEAL OF: S.C., MOTHER :

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:

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: 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

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.

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)

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.

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:

[K.L.’s] biggest concern [she expressed] was going back home [with Mother], not having enough at [Mother’s] home, whether that was in terms of various items, [such as] food, and being concern[ed] that [Mother] would leave [Children] again and just [Mother’s] overall safety.

Id. at 34; see also id. at 42 (Ms. Diana testifying that K.L. experienced anxiety concerning visits and phone calls with Mother, and “around any conversation regarding [Mother] and any conversation [regarding] leaving [Foster Parents].”).

Ms. Jackson testified that she supervised Mother’s random drug screens.

Id. at 56. Ms. Jackson indicated that Mother submitted to 23 drug screens, but failed to appear for 33. Id. Ms. Jackson testified that, of Mother’s 23 drug screens, two tested positive for cocaine. Id. at 60.

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

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