In the Interest of: S.J., Appeal of: S.F.

Superior Court of Pennsylvania·Decided October 7, 2019·No. 532 WDA 2019·Unpublished

Opinion

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

IN THE INTEREST OF: S.J., A MINOR : IN THE SUPERIOR COURT OF : PENNSYLVANIA :

APPEAL OF: S.F., BIRTH MOTHER :

: : : : : No. 532 WDA 2019

Appeal from the Order Entered March 15, 2019 In the Court of Common Pleas of Allegheny County Civil Division at No(s): No. CP-02-AP-168-2018

BEFORE: SHOGAN, J., McLAUGHLIN, J., and FORD ELLIOTT, P.J.E.

MEMORANDUM BY SHOGAN, J.: FILED OCTOBER 7, 2019

S.F. (“Mother”) appeals from the order filed on March 15, 2019,

involuntarily terminating her parental rights to her daughter, S.J. (“Child”),

who was born in August of 2005, pursuant to the Adoption Act, 23 Pa.C.S.

§ 2511(a)(2), (5), (8), and (b).1 We affirm.

The record reveals that Child was removed from Mother’s care on

January 24, 2017, when Child suffered an injury to her head. The injury was

caused when Mother threw a coffee cup at Child. The cup struck Child in the

head, lacerating her scalp and requiring two staples to close the wound.

Mother was arrested as a result of this incident. N.T., 3/6/19, at 94-95. On

1Child’s father died on June 1, 2007. Trial Court Opinion, 5/10/19, at 1; N.T., 3/6/19, at 49; Supplement To The Petition For Involuntary Termination Of Parental Rights (Exhibit – B) Certificate of Death, 2/13/19.

August 22, 2018, the Allegheny County Office of Children, Youth, and Families

(“CYF”) filed a petition to involuntarily terminate Mother’s parental rights.

On March 6, 2019, and March 13, 2019, the trial court conducted

hearings on CYF’s petition. At these hearings, Jeffrey Eisenberg, Esquire,

represented Mother, and James J. Robertson, Esquire, represented Child.2

CYF first presented the testimony of Child’s foster mother, J.M., (“Foster

Mother”), via telephone. N.T., 3/6/19, at 4. Foster Mother testified to Child’s

fear during an incident when Child was visiting Mother on Thanksgiving of

2018. Id. at 9, 12. During this incident, Mother’s paramour, R.H., punched

Mother in the chest in front of Child. Id. at 12. Foster Mother also testified

that she believed that Mother had been drinking alcohol. Id. at 12. Further,

2 In In re Adoption of L.B.M., 161 A.3d 172 (Pa. 2017), our Supreme Court held that 23 Pa.C.S. § 2313(a) requires courts to appoint counsel to represent the legal interests of any child involved in a contested involuntarily termination proceeding. L.B.M., 161 A.3d at 180. The Court explained that a child’s legal interests are distinct from her best interests. Id. at 174. A child’s legal interests are synonymous with the child’s preferred outcome; a child’s best interests must be determined by the court. Id. at 174-175. It appears from the record that Courtney Potter, Esquire, served as Child’s Guardian Ad litem (“GAL”) in prior proceedings. Motion for Appointment of Separate Counsel, 2/7/19. In the GAL’s motion for the appointment of separate counsel, she noted a potential conflict between Child’s best interests and legal interests. Id. at ¶4. On February 12, 2019, the trial court granted the GAL’s motion, and on February 13, 2019, James J. Robertson, Esquire, entered his appearance as legal counsel for Child. Attorney Robertson has filed a brief in this Court stating that Child, who was thirteen at the time of the hearings, took no position regarding termination of Mother’s parental rights and instead wanted the trial court to decide the matter without Child’s input. See Child’s Brief, at 2-3 (citing N.T., 3/13/19, at 21).

when Child attempted to join Mother at Child’s maternal grandmother’s house

in December of 2018 for Christmas, Mother upset Child by blaming Child for

“f’ing everything up” and “ruining everything.” Id. at 10, 40. As a result of

this December 2018 incident, Child’s visits with Mother became supervised

and occurred only once per week. Id. at 7-8, 10-11. Foster Mother testified

that Child is concerned about the constant court involvement in her life and

that Child is unwilling to take a position on whether she wishes to be adopted

because she is concerned about Mother’s reaction. Id. at 13-15. Foster

Mother stated that Child carries guilt over her fear that Mother could relapse

into alcohol abuse or kill herself if her parental rights are terminated. Id. at

14-15. Foster Mother testified that Child had been cutting herself and

contemplating suicide, which led to Foster Mother taking Child to the Western

Psychiatric Hospital. Id. at 15-17. Child was hospitalized, and she was

released from the hospital on the day prior to the hearing. Id.

CYF then presented the testimony of Neil Rosenblum, Ph.D., a

psychologist licensed in Pennsylvania, who testified as an expert in child

psychology. Id. at 43-44. Dr. Rosenblum opined that a Subsidized

Permanency Legal Custodianship (“SPLC”) was appropriate in this case. N.T.,

3/6/19, at 80.3 He noted that Mother is serving a criminal sentence of

3In In re Adoption of J.N.M., 177 A.3d 937, 946 n.9 (Pa. Super. 2018), this Court stated that SPLC is one of the permanency goals the juvenile court may consider at each permanency review hearing. 42 Pa.C.S. § 6351(f.1)(3).

probation until October of 2019. Id. at 55. Dr. Rosenblum testified that

Mother continued to live with R.H. as a roommate, but Mother represented

that she would be moving into an apartment without R.H. on April 1, 2019.

Id. at 56-57. He also stated that the loss of Mother from Child’s life could

cause trauma to Child. Id. at 60-62.

Next, CYF presented the testimony of Lindsey Hern, the CYF caseworker

assigned to the family. N.T., 3/6/19, at 93. Ms. Hern testified that Mother’s

goals included visiting Child, maintaining sobriety, addressing her involvement

in relationships with domestic violence, and improving her parenting skills.

Id. at 96-98. Ms. Hern testified that although Mother claimed she had

attended Alcoholics Anonymous, she had not provided proof of her

attendance. Id. at 101, 104, 123. Mother also failed to provide

SPLC is a program that was created in 2001, in which financial support is provided to families willing to become permanent legal custodians under 42 Pa.C.S. § 6351(f.1)(3), whereby permanent legal custody is transferred to the dependent child’s legal custodian without requiring the termination of the parents’ parental rights, and, where deemed appropriate, the trial court may permit the continued visitation by the dependent child’s parents. J.N.M., 177 A.3d at 946 n.9 (quoting In re B.S., 861 A.2d 974, 977 (Pa. Super. 2004)). The legal custodian must meet all of the requirements for foster parenthood, submit to an annual eligibility evaluation, and have the ability to provide for the child without court supervision. The panel in J.N.M. stated that alternative permanency arrangements such as an SPLC offer less stability than adoption because parents may petition the court to attempt to re-gain custody at any time, but an SPLC may be appropriate in cases where reunification or adoption is not in the best interest of the child. J.N.M., 177 A.3d at 946 n.9 (citing In re S.H., 71 A.3d 973, 978 (Pa. Super. 2013)).

documentation of her attendance at psychological counseling or evidence of

treatment for alcohol abuse. Id. at 101, 104, 124-125.

Finally, Mother testified. N.T., 3/6/19, at 146. Mother claimed that she

was no longer romantically involved with R.H., and the two were merely

roommates. Id. at 156, 158, 178. Mother testified she has remained sober

since a relapse in April of 2018. Id. at 163-165. Mother confirmed that she

remains on probation until October of 2019. Id. at 170. Mother testified that

she found an apartment but had not yet signed a lease. Id. at 157. Mother

also asserted that she sent CYF certificates demonstrating her completion of

classes regarding parenting skills and that she wants to be a parent to Child.

Id. at 169, 175.

On March 13, 2019, the trial court held a second day of evidentiary

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