In the Interest of: R.W., a Minor, Appeal of: WCCB

169 A.3d 129
Superior Court of Pennsylvania·Decided August 18, 2017·No. In the Interest of: R.W., a Minor, Appeal of: WCCB No. 24 WDA 2017·Published·Cited by 7 cases

Opinions

OPINION BY

STABILE, J.:

In these related appeals, the Westmore-land County Children’s Bureau (“WCCB” or “Agency”) and J.R.M. (“Mother”) (collectively, “Appellants”) appeal from the November 2, 2016 permanency review order, as amended on December 12, 2016,1, 2 that changed the placement goal with respect to the male child, R.W. (“Child”), born in June of 2014. In addition, the order [131] directed the WCCB to file a petition for the involuntary termination of parental rights, and, inter alia, reduced Mother’s visitation with Child. Upon careful review, we affirm.

The trial court set forth the following factual and procedural background.

On June 17, 2014, ... days after the minor child’s birth, an application for Shelter Care was requested by the [WCCB], and was granted. An Adjudicatory Hearing was held on July 2, 2014, and [C]hild was adjudicated dependent. Aggravated circumstances were found, in that child’s half-sibling and Mother’s child, A.M., was found to be the victim of Mother’s aggravated physical neglect.[3]
The Pennsylvania Juvenile Act defines aggravated physical neglect as “[a]ny omission in the care of a child which results in a life-threatening condition or seriously impairs the child’s functioning.” 42 Pa.C.S.A. § 6302. In this case, A.M. suffered from horrific and life-threatening injuries perpetrated by the biological father of [Child],[4] and Mother was found to have neglected to provide appropriate prevention of and care for these injuries. At the time of [Child’s] adjudication, Mother was incarcerated for the same. ... At the time of the Order at issue, [C]hild had been in placement for twenty-nine (29) months.

Trial Court Opinion, 1/30/17, at 2 (unpagi-nated).

The record reveals that the above-described criminal conduct by Father and Mother relating to A.M. occurred in February of 2014, at which time Mother was pregnant with Child. Aggravated Circumstances Order, 7/2/14, at ¶ 14. Mother pled guilty to the charge of endangering the welfare of children. By order dated February 20, 2015, Mother was sentenced to a term of incarceration of 6 to 23 months. Certified Docket # 55, Child’s Permanency Plan. Mother was incarcerated for three months in the Westmoreland County Prison, during which time the court granted her visits with Child twice per month. See Certified Record at # 74 (Order of Court/Sentence); Order, 3/5/15. Thereafter, Mother was placed on Home Electronic Monitoring (“HEM”) for three months. See Certified Record at #74 (Order of Court/Sentence). The revised Family Service Plan (“FSP”) dated October 7, 2015, reflects that Mother was exercising visitation with Child in her home three times per week.5 Mother remained on probation up through and including the time of the subject proceedings described below.

[132] Permanency review hearings occurred at regular intervals throughout the underlying dependency matter. Mother’s FSP goals were, in part, to participate in and successfully complete non-offender parenting treatment; attain and maintain a legal and verifiable source of income; and maintain appropriate housing. N.T., 5/18/16, at 17.

By way of background, on May 2, 2016, when Child had been in.placement for 23 months, the Agency filed a petition for a permanency review hearing. The Agency asserted that it did not intend to file a petition for the involuntary termination of Mother’s parental rights because it “would not' serve the needs and welfare of the child: the mother has been making a lot of progress toward reunification.” Petition, 5/2/16, at 4 (unpaginated).

The court held a permanency review hearing on May 18, 2016, at which time Mother exercised visitation with Child in her home for five days and four overnights per week. Id. at 13. The Agency recommended a “trial home visit” commencing at the conclusion of the hearing, which would involve Mother having physical custody of Child “24/7 for a three-month span” until the next review hearing, when the Agency would recommend reunification between Mother and Child. Id. at 19.

However, the testimonial evidence revealed that Mother, since November of 2015, had a new paramour, G.B., who- did not reside with her. Id. at 51. On cross-examination, the Guardian ad litem (“GAL”) inquired of the Agency caseworker, Rachel Skovira, whether the Agency performed an interstate criminal background check on G.B. The GAL stated, “[T]he reason I’m asking ... is my recollection is [Father] had problems in North Carolina but none [in Pennsylvania] at the time that would have alerted Mother or others [that Father posed a risk of harm to her children.] [Father had. a criminal background] in another state, and that’s the reason I’m asking that question.” N.T., 5/18/16, and 51. Ms. Skovira testified, “[T]he prior caseworker did the background checks [on G.B.], I don’t know if she did the interstate checks.” Id.

At the conclusion of the May 18, 2016 hearing, on the record and in open court, the trial court denied the Agency’s recommendation for a “trial home visit.” Id. at 57. The court ordered the Agency to conduct an interstate criminal background check on G.B. Thereafter, on May 23, 2016, the court issued a permanency review order after learning'that G.B. had a criminal charge pending against him in Allegheny County involving possession of a controlled substance. The court maintained Mother’s current visitation schedule, but it prohibited unsupervised contact between Child and G.B. Order, 5/23/16, at 3.

On October 13, 2016, when Child had been in placement for 27 months, the Agency filed another petition for a permanency review hearing, wherein it again asserted Mother “has been’making a'lot of progress toward reunification,” Petition, 10/13/16, at 4 (unpaginated). The Agency asserted that it has not filed an involuntary termination petition because terminating Mother’s parental rights would not serve the needs and welfare of Child. Id.

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

In the Interest of: R.W., a Minor, Appeal of: WCCB, 169 A.3d 129 (Pa. Ct. App. 2017).

169 A.3d 129 (In the Interest of: R.W., a Minor, Appeal of: WCCB) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Belansky, A. v. Zabelski, W.
Superior Court of Pennsylvania, 2019
In the Interest of: R.F.D.R.C., A Minor
Superior Court of Pennsylvania, 2019
In the Interest of J.A., Appeal of: M.R.
Superior Court of Pennsylvania, 2019
In the Interest of: A.C., Appeal of: A.C.
Superior Court of Pennsylvania, 2018
In the Interest of: A.W., JR., a Minor
187 A.3d 247 (Superior Court of Pennsylvania, 2018)
In the Matter of: R.W. A Minor Appeal of: W.C.C.B.
Superior Court of Pennsylvania, 2018