In the Interest of: L.B., Appeal of: J.B.

CourtSuperior Court of Pennsylvania
DecidedMay 5, 2023
Docket1351 WDA 2022
StatusUnpublished

This text of In the Interest of: L.B., Appeal of: J.B. (In the Interest of: L.B., Appeal of: J.B.) 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: L.B., Appeal of: J.B., (Pa. Ct. App. 2023).

Opinion

J-S09031-23

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

IN THE INTEREST OF: L.B., A MINOR : IN THE SUPERIOR COURT OF : PENNSYLVANIA : APPEAL OF: J.B., MOTHER : : : : : : No. 1351 WDA 2022

Appeal from the Order Entered October 19, 2022 In the Court of Common Pleas of Allegheny County Orphans' Court at No(s): CP-02-AP-0000148-2021

BEFORE: BENDER, P.J.E., BOWES, J., and SULLIVAN, J.

MEMORANDUM BY SULLIVAN, J.: FILED: May 5, 2023

J.B (“Mother”) appeals the order that involuntarily terminated her

parental rights to L.B. (“Child”), her daughter born in April 2018.1 After careful

review, we affirm.

We glean the relevant factual and procedural history of this matter from

the certified record. The Allegheny County Office of Children, Youth, and

Families (“CYF”) first became involved with this family five days after Child’s

birth when Mother admitted to substance abuse during her pregnancy. See

N.T., 9/12/22, at 99-100. CYF did not seek to remove Child from the home

at that time. Mother and Child’s putative father, C.S. (“Father”), were

undergoing treatment for their substance abuse problems. See id. at 100.

____________________________________________

1 The Orphans’ Court’s October 19, 2022 order also involuntarily terminated the parental rights of C.S. (“Father”) and any “unknown” father. Father did not file a notice of appeal and he has not participated in this matter. J-S09031-23

In August 2019, CYF received a referral regarding allegations of intimate

partner violence (“IPV”) by Father against Mother. See id. at 101-02. CYF

accepted the family for service, referred Mother to an IPV specialist to assist

her in seeking a protection from abuse (“PFA”) order,2 and interviewed

members of Mother’s and Father’s extended families. See id. at 102-03.

In September 2019, Mother contacted CYF and reported that Father held

her against her will in their shared home until she was able to flee to a nearby

police station. See id. at 103-04. On the day of Mother’s report, CYF obtained

an emergency custody authorization placing Child in the physical care of

maternal grandmother (“Grandmother”), where she remained almost three

years later. See id. at 104-07. In October 2019, Child was adjudicated

dependent and ordered that she remain in kinship care with Grandmother.

See id. at 107-08. In the same order, the court directed Mother, inter alia,

to address her ongoing mental health issues and to receive drug screenings.

See id. at 108.

CYF set goals that Mother obtain independent employment and housing,

continue both IPV counseling and substance abuse treatment, participate in

visitations with Child, and address her mental health problems and provide

signed medical information releases to CYF. See id. at 117, 121. Mother

successfully obtained housing in January 2020, and claimed to have found

2 Mother ultimately did so, albeit reluctantly. See N.T., 9/12/22, at 132.

-2- J-S09031-23

employment as an in-home care provider. See id. at 118-19. Mother

completed IPV counseling in September 2020 and continued treatment for

substance abuse. See id. During this initial time period, the court granted

Mother “liberal, unsupervised” visits with Child. See id. at 106, 118-19.

Despite multiple attempts, CYF was unable to confirm Mother’s

employment and she lost her housing when Pennsylvania’s Emergency Rental

Assistance Program (“ERAP”) expired in 2022. Id. at 119-22, 185; see also

N.T., 10/17/22, at 8. Mother experienced relapses in substance abuse in June

2020 and August 2021. See N.T., 9/12/22, at 124-27. In June 2020, Mother

rescinded the releases she had previously signed permitting CYF to obtain

records of her drug treatment; after signing new releases, she rescinded those

releases in April 2022, preventing CYF from assessing her compliance with

drug and alcohol counseling. See id. at 42-43, 86, 123-24, 191. Despite

Mother’s expressed continued fear of violence from Father and her assertion

that he violated the existing PFA in the case, Mother declined to proceed

against Father. See id. at 131-32.

Mother’s mental health increasingly became a concern for CYF and the

court. In 2019, she received a diagnosis of bipolar disorder, post-traumatic

stress disorder (“PTSD”), persecutory delusion disorder, generalized anxiety

disorder, attention deficit hyperactivity disorder (“ADHD”), opioid use

disorder, and cannabis use disorder. See id. at 48, 52, 110. Mother took

several medications in connection with these diagnoses. See id. at 12-13,

-3- J-S09031-23

25. Mother unilaterally ceased participating in medical or psychological

treatment after May 2022. See id. at 12-13, 25.

In August 2021, Mother stated that Child, then three years old, could

make her own medical and dental decisions, which resulted in the court

appointing Grandmother as Child’s medical decisionmaker. See id. at 57-59,

114, 207-08. From March 2022 onward, Mother’s mental health decline

continued to accelerate: she insisted that her case file was fabricated and her

case should be closed, sent rambling, unpunctuated texts to CYF, and evinced

a lack of mental stability. See id. at 194-96, 200, 202. Also in March 2021,

CYF determined that Mother had made no progress toward her mental health

goals and adopted concurrent goals of reunification and adoption. See id. at

148, 180. In April 2022, CYF visited Mother’s apartment and found that she

placed her bed in her living room. Mother explained that the living room was

the best place to be if someone broke into her apartment. See N.T., 9/12/22,

at 183. At that meeting, Mother exhibited paranoia, claimed that her mail

was being stolen and the Freemasons were acting against her, and had great

difficulty focusing. See id. at 53-56, 193; see also N.T., 10/17/22, at 34-

35. Mother had continued to visit Child even after the court’s May 2020 order

that their meetings be supervised after she threatened to abscond with Child.

See id. at 109. However, after April 2022, Mother made only one or two visits

to Child claiming that she had work responsibilities, which CYF was unable to

corroborate. See id. at 111, 151-52, 204-06.

-4- J-S09031-23

The Orphans’ Court issued an order in June 2022 stating that Mother

“continues to have moderate to severe behaviors that are a manifestation of

her mental health because she has refused to engage in meaningful mental

health treatments, the primary and substantial barrier keeping her from

reunification with [Child],” and stated that Mother had made no progress

toward alleviating the circumstances that led to the initial placement. See id.

at 147, 176-77, 199-200.

Since May 2022, Mother has repeatedly stated that she does not need

mental health treatment, does not have mental health issues, and that CYF

forced treatment upon her. See id. at 140-44, 147. Mother has also stated

that CYF is trafficking and making money off of Child. See id. at 144.

Mother’s CYF caseworkers testified that termination of Mother’s parental

rights was in Child’s best interest because neither Mother nor Father had made

progress in resolving the reasons that led to the initial placement and

Grandmother, with whom Child had a strong bond and who wants to adopt

Child, expressed willingness to maintain Child’s relationship with Mother and

paternal grandparents.

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In the Interest of: L.B., Appeal of: J.B., Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-lb-appeal-of-jb-pasuperct-2023.