In the Interest of: L.R.J.P., a Minor

CourtSuperior Court of Pennsylvania
DecidedFebruary 9, 2018
Docket1742 EDA 2017
StatusUnpublished

This text of In the Interest of: L.R.J.P., a Minor (In the Interest of: L.R.J.P., 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: L.R.J.P., a Minor, (Pa. Ct. App. 2018).

Opinion

J-A31042-17

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

IN THE INTEREST OF: L.R.J.P., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: B.P., FATHER : : : : : No. 1742 EDA 2017

Appeal from the Order Entered May 2, 2017 in the Court of Common Pleas of Philadelphia County Family Court at No(s): CP-51-AP-0001013-2016, CP-51-DP-0003316-2015

IN THE INTEREST OF: J.M.C.P., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: B.P., FATHER : : : : : No. 1744 EDA 2017

Appeal from the Order Entered May 2, 2017 in the Court of Common Pleas of Philadelphia County Family Court at No(s): CP-51-AP-0001014-2016, CP-51-DP-0003317-2015

BEFORE: PANELLA, J., OLSON, J., and STEVENS, P.J.E.*

MEMORANDUM BY STEVENS, P.J.E.: FILED FEBRUARY 09, 2018

Appellant, B.P. (“Father”), files this appeal from the orders entered May

2, 2017, in the Philadelphia County Court of Common Pleas by the Honorable

Joseph Fernandes, granting the petitions of the Philadelphia Department of

Human Services (“DHS”) to involuntarily terminate his parental rights to his

____________________________________ * Former Justice specially assigned to the Superior Court. J-A31042-17

minor children, L.R.J.P., born in August of 2007, and J.M.C.P., born in

December of 2011, (collectively, the “Children”), pursuant to 23 Pa.C.S.A. §

2511(a)(1), (2), (5), (8), and (b).1 Father further appeals the orders entered

May 2, 2017, changing the Children’s permanency goal to adoption pursuant

to the Juvenile Act, 42 Pa.C.S.A. § 6351.2 After review, we affirm the trial

court’s orders.

The trial court summarized the relevant procedural and factual history,

in part, as follows:

The family in this case became known to DHS on June 8, 2014, when DHS received a Child Protective Services (“CPS”) report which alleged that the Children’s then sixteen-year-old brother (“Sibling 1”) forced his sister (“Sibling 2”) and her friend to perform oral sex on him. . . The Children, at the time, were living in a home with Mother, Father, Sibling 2, and two brothers ____________________________________________

1 By separate orders entered the same date, the trial court involuntarily terminated the parental rights of T.T. (“Mother”) with respect to the Children. Mother filed appeals at Superior Court Docket Nos. 1664 EDA 2017 and 1666 EDA 2017, which this Court consolidated. We shall address Mother’s appeal in a separate decision.

2 Father, however, failed to preserve a challenge related to the goal change by failing to raise the issue in the statement of questions involved section of his brief and by failing to present argument related thereto in his brief. As such, we find that Father has waived any claim regarding the goal change. See Krebs v. United Refining Co. of Pennsylvania, 893 A.2d 776, 797 (Pa.Super. 2006) (stating that a failure to preserve issues by raising them both in the concise statement of errors complained of on appeal and statement of questions involved portion of the brief on appeal results in a waiver of those issues); In re W.H., 25 A.3d 330, 339 n.3 (Pa.Super. 2011), appeal denied, 24 A.3d 364 (Pa. 2011) (quoting In re A.C., 991 A.2d 884, 897 (Pa.Super. 2010)) (“[W]here an appellate brief fails to provide any discussion of a claim with citation to relevant authority or fails to develop the issue in any other meaningful fashion capable of review, that claim is waived.”).

-2- J-A31042-17

(“Sibling 3” and “Sibling 4”). . . . In January 2015, DHS received a General Protective Services (“GPS”) report alleging that the Children’s sibling (“Sibling 5”) disclosed that Father was physically abusive to Mother; that Father last abused Mother in August 2014 and Sibling 5 intervened; that Father attacked Sibling 5 when he intervened; that Father had a history of hitting the Children and their siblings; and that Sibling 5 lives with his father and spends weekends at Mother and Father’s home. The report was substantiated. On November 5, 2015, DHS visited [the home] and learned that there was no gas service in the home; that the refrigerator did not function properly; that the home was dirty; and that there was insufficient food in the home. . . . On December 18, 2015, DHS filed urgent dependency petitions for the Children, Sibling 3, and Sibling 4. On December 24, 2015, the Children were adjudicated dependent. The court ordered DHS to supervise, but cautioned parents that the [C]hildren would be placed if parents did not comply with all of the court’s orders. The court ordered [Community Umbrella Agency (“CUA”)] to assist with a house cleaning service and exterminator for the family; to provide beds and bedding for the family; to order a refrigerator; to conduct pop-up visits; parents to comply with safety plans and all social workers. The court also [o]rdered . . . Father to complete a [Parental Capacity Evaluation (“PCE”)]; and . . . Father to be referred to the [Clinical Evaluation Unit “CEU”)] for forthwith drug screens, assessments, and random screens. At a review hearing on March 22, 2016, CUA testified that the home had been exterminated and cleaned and that the new bunk bed and refrigerator were provided. The court found that the Children, Sibling 3, and Sibling 4 were not safe in . . . Father’s care, discharged supervision, and ordered all four children to be committed to DHS . . . . Father [was] granted weekly supervised visits . . . . Following phone calls with . . . Father, the Children’s negative behaviors would increase. CUA testified that there were concerns during supervised visitation, as Father would inappropriately whisper things to the Children behind the cover of a newspaper. The court ordered all visitation to be supervised at the agency, line of sight and line of hearing. The court also ordered no more phone calls between the parents and the Children until further order of the court, and . . . Father [was] ordered not to contact the foster parents directly. . . . On July 1, 2016, at a permanency review hearing, the court found . . . Father to be minimally compliant with [his] respective [Single

-3- J-A31042-17

Case Plan (“SCP”)] objectives. . . . The court ordered Father to be re-referred to [Behavioral Health Services (“BHS”)] for consultation and evaluation; to be re-referred for domestic violence counseling; to be referred to Menergy; to comply with the PCE scheduled for July 19, 2016; and to comply with all services and recommendations. The court found that Father was a grave threat to the Children and suspended his visitation with the Children based on testimony regarding Father’s failure to participate in the Children’s trauma treatment and Father’s attempt to influence the Children by saying inappropriate things to them about the case during visits. . . . On October 26, 2016, DHS filed petitions to terminate Mother’s and Father’s parental rights and change the permanency goal for the Children from reunification to adoption. At the time, the Children had been in care for eight months at the start of the termination trial and fourteen months at the conclusion. The Children have been active with DHS for twenty-six months.

Trial Court Opinion (“T.C.O.”), 7/25/17, at 1-3.

The trial court held hearings on the petitions on November 14, 2016,

February 1, 2017, February 16, 2017, March 10, 2017, and May 2, 2017. In

support thereof, DHS presented the testimony of the following: Dr. William

Russell, a forensic psychologist; Jennifer Rollins, CUA case manager

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In the Interest of: L.R.J.P., a Minor, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-lrjp-a-minor-pasuperct-2018.