In the Interest of: S.D.M., a Minor ( 2017 )


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  • J-S65031-17
    NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
    IN THE INTEREST OF: S.D.M., A              :   IN THE SUPERIOR COURT OF
    MINOR                                      :         PENNSYLVANIA
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    APPEAL OF: W.E.M., MOTHER                  :       No. 889 EDA 2017
    Appeal from the Order Entered February 8, 2017
    in the Court of Common Pleas of Philadelphia County
    Family Court at No(s): CP-51-AP-000911-2015,
    CP-51-DP-0000985-2014
    IN THE INTEREST OF: S.M.M.-D., A           :   IN THE SUPERIOR COURT OF
    MINOR                                      :         PENNSYLVANIA
    :
    :
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    APPEAL OF: W.E.M., MOTHER                  :       No. 893 EDA 2017
    Appeal from the Order Entered February 8, 2017
    in the Court of Common Pleas of Philadelphia County
    Family Court at No(s): CP-51-AP-000820-2016,
    CP-51-DP-0001467-2015
    BEFORE: OLSON, J., OTT, J., and MUSMANNO, J.
    MEMORANDUM BY MUSMANNO, J.:                          FILED DECEMBER 12, 2017
    W.E.M. (“Mother”) appeals from the Decrees and Orders1 entered on
    February 8, 2017, granting the Petitions filed by the Philadelphia Department
    of Human Services (“DHS”) to involuntarily terminate her parental rights to
    ____________________________________________
    1Although the consolidated caption refers to “Order,” Mother appeals from the
    Decrees terminating her parental rights to her two children, and the Orders
    changing their placement goals to adoption.
    J-S65031-17
    her dependent female children, S.M.M.-D. a/k/a “S.D.” (born in May of 2015),
    and S.D.M. (born in March 2010) (collectively, “Children”),2 pursuant to the
    Adoption Act, 23 Pa.C.S.A. § 2511(a)(1), (2), (5), (8), and (b), and to change
    Children’s permanency goals to adoption pursuant to the Juvenile Act, 42
    Pa.C.S.A. § 6351.3 Mother’s counsel, Edelina Schuman, Esquire (“Attorney
    Schuman”), has filed with this Court a Motion for leave to withdraw as counsel
    and a brief pursuant to Anders v. California, 
    386 U.S. 738
    , 744 (1967). We
    affirm, and grant Attorney Schuman leave to withdraw.
    In its May 23, 2017 Opinion, the trial court set forth the factual
    background of this appeal, as follows:
    On April 3, 2014, Children’s family became known to [DHS]
    when [it] received a General Protective Services (“GPS”) Report
    that alleged that Mother was unemployed, using drugs and had
    been hospitalized at Friends Hospital. (Statement of Facts[,]
    Petition to Terminate Parental Rights RE S[.]M[.,] Paragraph A).
    On April 7, 2014, DHS received a supplemental report alleging
    Mother[,] on a regular basis[,] would leave S[.]M[.] and her
    siblings with a friend or family member for extended periods of
    time. S[.]M[.]’s [siblings’] father[,] L[.]K[.,] … was incarcerated.
    (Statement of Facts[,] Petition to Terminate Parental Rights RE
    S[.]M[.,] Paragraph A).
    On May 1, 2014, the Honorable Judge Jonathan Irvine
    adjudicated the [c]hild[,] S.M.[,] dependent. (Statement of
    ____________________________________________
    2Children have three siblings, S.M., S.M., and L.K., who were fathered by L.K.
    These siblings are not subjects of this appeal. See N.T., 2/8/17, at 3-8.
    3 In separate Decrees entered on February 8, 2017, the trial court terminated
    the parental rights of K.M., who is the father of S.M.; R.D., who is the father
    of S.D.; and any unknown father. No father, or unknown father, has filed an
    appeal, nor is any such individual a party to the present appeal.
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    Facts[,] Petition to Terminate Parental Rights RE S[.]M[.,]
    Paragraph M)[.] On May 15, 2014, the Community Umbrella
    Agency [(“CUA”)] developed a Single Case Plan (“SCP”). The
    goals for Mother were (1) to participate in parenting classes; and
    (2) to attend supervised visits with S.M. (Statement of Facts
    Petition to Terminate Parental Rights RE S[.]M[.,] Paragraph N).
    On July 25, 2014, the Clinical Evaluation Unit [(“CEU”)] completed
    a Progress Report stating that Mother had tested positive for
    marijuana (“THC”) on May 1, 2014 and May 28, 2014. (Statement
    of Facts[,] Petition to Terminate Parental Rights RE S[.]M[.,]
    Paragraph Q).
    On August 12, 2014, CUA revised the SCP. The objectives
    identified for Mother were (1) to submit to three random drug
    screens prior to the next court hearing; (2) to attend all
    recommended programs provided at the Achieving Reunification
    Center (“ARC”); and (3) to attend all weekly visitations.
    (Statement of Facts[,] Petition to Terminate Parental Rights RE
    S[.]M[.,] Paragraph S). On January 9, 2015, CEU completed a
    Progress Report stating that Mother had failed to contact CEU and
    that Mother tested positive [THC] on October 23, 2014 and
    December 12, 2014. (Statement of Facts[,] Petition to Terminate
    Parental Rights RE S[.]M[.,] Paragraph V).
    On May 30, 2015, DHS received a GPS report alleging that
    [Mother had given] birth to S.D. (Statement of Facts[,] Petition
    to Terminate Parental Rights RE S[.]M[.,] Paragraph Z). … At that
    time[,] Mother was noncompliant with her SCP objectives and had
    not consistently attended the ARC program. Mother again tested
    positive for [THC] in February 2015. (Statement of Facts[,]
    Petition to Terminate Parental Rights RE S[.]D[.,] Paragraph BB).
    On June 2, 2015, DHS obtained an Order for Protective Custody
    (“OPC”) for S.D.[,] who was placed in foster care. (Statement of
    Facts[,] Petition to Terminate Parental Rights [RE] S[.]D[.,]
    Paragraph CC).      On June 12, 2015, S.D. was adjudicated
    dependent. (Statement of Facts[,] Petition to Terminate Parental
    Rights [RE] S[.]D[.,] Paragraph GG).
    On July 7, 2015, the CEU completed a Progress report
    stating that Mother had tested positive for [THC] on April 16,
    2015, June 4, 2015 and June 12, 2015. (Statement of Facts[,]
    Petition to Terminate Parental Rights RE S[.]D[.,] Paragraph HH).
    On August 7, 2015, CUA revised the SCP. The objectives for
    Mother were (1) to be evaluated by the CEU for dual diagnosis;
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    (2) to submit a pay stub; (3) to comply with all court orders; (4)
    to attend all recommended programs at the ARC program; (5) to
    complete anger management classes; (6) to participate in mental
    health treatment; (7) to participate in a drug and alcohol group;
    [and] (8) to attend weekly visitation. (Statement of Facts[,]
    Petition to Terminate Parental Rights RE S[.]D[.,] Paragraph LL).
    On September 17, 2015, ARC completed a Parent/Caregiver
    Status Report stating that Mother was referred for [a]nger
    [m]anagement[,] but her referral was cancelled due to
    noncompliance[,] and that Mother was inconsistent with receiving
    mental health treatment. (Statement of Facts[,] Petition to
    Terminate Parental Rights RE S[.]D[.,] Paragraph OO).
    On January 20, 2016, DHS received a Child Protective
    Services Report alleging that Mother was unemployed, [and]
    suffering from depression, and that there was a history [of]
    domestic violence between Mother and Father[,] L[.]K.
    (Statement of Facts[,] Petition to Terminate Parental Rights RE
    S[.]D[.,] Paragraph YY). On January 28, 2016, at a permanency
    review hearing[,] the Honorable Jonathan Irvine ruled (1) []
    Children remain committed; (2) a stay away order be entered
    regarding Mother and Father L[.]K[.]; (3) that Mother lacked
    adequate housing and that Mother had failed to attend anger
    management classes and substance abuse treatment. (Statement
    of Facts[,] Petition to Terminate Parental Rights RE S[.]D[.,]
    Paragraph ZZ).
    On or about September 7, 2016, DHS filed the underlying
    Petition to terminate Mother’s Parental Rights to Children. At the
    time of the filing of the [P]etition, Mother had failed to successfully
    complete substance abuse treatment and she had constantly
    rendered positive drug screens.
    Trial Court Opinion, 5/23/17, at 1-5. Moreover, on September 8, 2016, DHS
    filed Petitions to change the permanency goals for Children to adoption.4
    ____________________________________________
    4The trial court docket reflects that DHS filed the termination Petitions on
    September 8, 2016, as well.
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    On February 8, 2017, the trial court held a hearing on the
    termination/goal change Petitions.       At the hearing, DHS presented the
    testimony of Natasha Triplett (“Triplett”), the CUA Wordsworth case manager
    assigned to the family. N.T., 2/8/7, at 3, 10. Mother, who was present at the
    hearing and represented by Attorney Schuman, testified on her own behalf.
    court-appointed   child    advocate[,]   Lawrence   Bistany,   Esquire   (“Child
    Advocate”), was also present and participated at the hearing. Child Advocate
    cross-examined Triplett.    Id. at 28-29.   After the hearing, the trial court
    entered its Decrees and Orders involuntarily terminating Mother’s parental
    rights to Children, and changing Children’s permanency goals to adoption. Id.
    at 33-34.
    On March 10, 2017, Mother simultaneously filed Notices of appeal and
    Pa.R.A.P. 1925(b) Concise Statements of matters complained of on appeal,
    from the termination Decrees and goal change Orders. On April 7, 2017, this
    Court, acting sua sponte, consolidated the appeals.
    On August 3, 2017, Attorney Schuman filed her Motion for leave to
    withdraw as counsel and an Anders brief.       In the Anders brief, Attorney
    Schuman raises the following issues:
    1. Whether the trial court committed reversible error, when it
    involuntarily terminated [M]other’s parental rights where such
    determination was not supported by clear and convincing evidence
    under the adoption act, 23 P[a].C.S.A. § 2511(a)(1), (2), (5) and
    (8)[?]
    2. Whether the trial court committed reversible error when it
    involuntarily terminated [M]other’s parental rights without giving
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    primary consideration to the effect that the termination would
    have on the developmental, physical and emotional needs of
    [Children,] as required by the [A]doption [A]ct, 23 P[a].C.S.A.
    § 2511(b)[?]
    3. Whether[] the trial court erred because the evidence was
    overwhelming and undisputed that [M]other demonstrated a
    genuine interest and sincere, persistent, and unrelenting effort to
    maintain a parent-child relationship with [Children?]
    Anders Brief at 5 (unpaginated).
    Pursuant to Anders, when counsel believes an appeal is frivolous and
    wishes to withdraw from representation, he or she must do the following:
    (1) petition the court for leave to withdraw stating that after
    making a conscientious examination of the record . . ., counsel
    has determined the appeal would be frivolous;
    (2) file a brief referring to anything that might arguably support
    the appeal. . .; and
    (3) furnish a copy of the brief to defendant and advise him of his
    right to retain new counsel, proceed pro se, or raise any additional
    points he deems worthy of the court’s attention.
    In re S.M.B., 
    856 A.2d 1235
    , 1237 (Pa. Super. 2004) (citation omitted).5
    In Commonwealth v. Santiago, 
    978 A.2d 349
     (Pa. 2009), our
    Supreme Court addressed the second requirement of Anders, i.e., the
    contents of an Anders brief, and required that the brief
    (1)    provide a summary of the procedural history and facts, with
    citations to the record;
    ____________________________________________
    5 In In re V.E., 
    611 A.2d 1267
    , 1274-75 (Pa. Super. 1992), this Court
    extended the Anders principles to appeals involving the termination of
    parental rights. “When considering an Anders brief, this Court may not
    review the merits of the underlying issues until we address counsel’s request
    to withdraw.” In re S.M.B., 
    856 A.2d at 1237
    .
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    (2)   refer to anything in the record that counsel believes
    arguably supports the appeal;
    (3)   set forth counsel’s conclusion that the appeal is frivolous;
    and
    (4)   state counsel’s reasons for concluding that the appeal is
    frivolous. Counsel should articulate the relevant facts of
    record, controlling case law, and/or statutes on point that
    have led to the conclusion that the appeal is frivolous.
    Santiago, 978 A.2d at 361. “After an appellate court receives an Anders
    brief and is satisfied that counsel has complied with the aforementioned
    requirements, the Court then must undertake an independent examination of
    the record to determine whether the appeal is wholly frivolous.” In re S.M.B.,
    
    856 A.2d at 1237
    .
    Attorney Schuman has complied with each of the requirements of
    Anders. Attorney Schuman indicates that she has conscientiously examined
    the record and determined that an appeal would be frivolous.         Further,
    Attorney Schuman’s Anders brief comports with the requirements set forth
    by the Supreme Court of Pennsylvania in Santiago.        Finally, attached to
    Attorney Schuman’s Motion for leave to withdraw is a copy of her letter to
    Mother, dated August 3, 2017, advising Mother of her right to proceed pro se
    or retain alternate counsel, and stating Attorney Schuman’s intention to seek
    permission to withdraw. Accordingly, Attorney Schuman has complied with
    the procedural requirements for withdrawing from representation, and we will
    proceed with our own independent review.
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    In the Anders brief, Attorney Schuman contends that the trial court
    abused its discretion or erred as a matter of law in concluding that DHS
    presented clear and convincing evidence that was sufficient to support the
    involuntary termination of Mother’s parental rights under section 2511(a)(1),
    (2), (5), (8), and (b). Anders Brief at 13-16, 21-22 (unpaginated). Attorney
    Schuman likewise contends that there was insufficient evidence to support the
    change of the permanency goal to adoption.              Id. at 13-14, 21-22
    (unpaginated).6
    ____________________________________________
    6 Mother has waived any challenge to the change of Children’s permanency
    goal to adoption under 42 Pa.C.S.A. § 6351 by failing to raise the issue in her
    Concise Statement and Statement of Questions Involved in her brief. See
    Krebs v. United Ref. Co. of PA, 
    893 A.2d 776
    , 797 (Pa. Super. 2006)
    (holding that an appellant waives issues that are not raised in both his concise
    statement of errors complained of on appeal and the Statement of Questions
    Involved in his brief on appeal). However, Attorney Schuman challenges
    whether DHS made reasonable efforts to reunify Children with Mother, and
    challenges the goal change in the Summary of Statement in Support of
    Withdrawal of Counsel portion of the Anders brief. See Anders Brief at 10.
    Even if Mother had not waived the issue for this reason, this Court has stated,
    “[o]nce counsel has satisfied the above requirements [for a motion to
    withdraw and Anders brief], it is then this Court’s duty to conduct its own
    review of the trial court’s proceedings and render an independent judgment
    as to whether the appeal is, in fact, wholly frivolous.” Commonwealth v.
    Goodwin, 
    928 A.2d 287
    , 291 (Pa. Super. 2007) (en banc) (quoting
    Commonwealth v. Wright, 
    846 A.2d 730
    , 736 (Pa. Super. 2004)). See
    Commonwealth v. Flowers, 
    113 A.3d 1246
    , 1250 (Pa. Super. 2015)
    (following Goodwin). Thus, we may address whether DHS established the
    grounds for the termination and the goal change to adoption, and the related
    argument concerning whether DHS used reasonable efforts to reunify Mother
    with Children, raised by Attorney Schuman in her Anders brief, as part of our
    independent review.
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    We will review the Decrees and Orders together, as did the trial court in
    its Opinion. In reviewing an appeal from a decree terminating parental rights,
    we adhere to the following standard:
    [A]ppellate courts must apply an abuse of discretion
    standard when considering a trial court’s determination of a
    petition for termination of parental rights. As in dependency
    cases, our standard of review requires an appellate court to accept
    the findings of fact and credibility determinations of the trial court
    if they are supported by the record. In re: R.J.T., 
    608 Pa. 9
    , 
    9 A.3d 1179
    , 1190 (Pa. 2010). If the factual findings are supported,
    appellate courts review to determine if the trial court made an
    error of law or abused its discretion. Id.; [In re:] R.I.S., 36 A.3d
    [567,] 572 [(Pa. 2011) (plurality opinion)]. As has been often
    stated, an abuse of discretion does not result merely because the
    reviewing court might have reached a different conclusion. Id.;
    see also Samuel Bassett v. Kia Motors America, Inc., 
    613 Pa. 371
    [, 455], 
    34 A.3d 1
    , 51 (Pa. 2011); Christianson v. Ely, 
    838 A.2d 630
    , 634 (Pa. 2003). Instead, a decision may be reversed
    for an abuse of discretion only upon demonstration of manifest
    unreasonableness, partiality, prejudice, bias, or ill-will. 
    Id.
    As we discussed in R.J.T., there are clear reasons for
    applying an abuse of discretion standard of review in these cases.
    We observed that, unlike trial courts, appellate courts are not
    equipped to make the fact-specific determinations on a cold
    record, where the trial judges are observing the parties during the
    relevant hearing and often presiding over numerous other
    hearings regarding the child and parents. R.J.T., 9 A.3d at 1190.
    Therefore, even where the facts could support an opposite result,
    as is often the case in dependency and termination cases, an
    appellate court must resist the urge to second guess the trial court
    and impose its own credibility determinations and judgment;
    instead we must defer to the trial judges so long as the factual
    findings are supported by the record and the court’s legal
    conclusions are not the result of an error of law or an abuse of
    discretion. In re Adoption of Atencio, 
    650 A.2d 1064
    , 1066
    (Pa. 1994).
    In re Adoption of S.P., 
    47 A.3d 817
    , 826-27 (Pa. 2012).
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    The burden is upon the petitioner to prove by clear and convincing
    evidence that the asserted grounds for seeking the termination of parental
    rights are valid. In re R.N.J., 
    985 A.2d 273
    , 276 (Pa. Super. 2009). “The
    standard of clear and convincing evidence is defined as testimony that is so
    clear, direct, weighty and convincing as to enable the trier of fact to come to
    a clear conviction, without hesitance, of the truth of the precise facts in issue.”
    
    Id.
     (citation and internal quotation marks omitted).
    This Court may affirm the trial court’s decision regarding the termination
    of parental rights with regard to any one subsection of section 2511(a). See
    In re B.L.W., 
    843 A.2d 380
    , 384 (Pa. Super. 2004) (en banc). Section 2511
    provides, in relevant part, as follows:
    § 2511. Grounds for involuntary termination
    (a) General rule.—The rights of a parent in regard to a child may
    be terminated after a petition filed on any of the following
    grounds:
    ***
    (2) The repeated and continued incapacity, abuse, neglect
    or refusal of the parent has caused the child to be without
    essential parental care, control or subsistence necessary
    for his physical or mental well-being and the conditions and
    causes of the incapacity, abuse, neglect or refusal cannot
    or will not be remedied by the parent.
    ***
    (b) Other considerations.—The court in terminating the rights
    of a parent shall give primary consideration to the developmental,
    physical and emotional needs and welfare of the child. The rights
    of a parent shall not be terminated solely on the basis of
    environmental factors such as inadequate housing, furnishings,
    income, clothing and medical care if found to be beyond the
    control of the parent. With respect to any petition filed pursuant
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    to subsection (a)(1), (6) or (8), the court shall not consider any
    efforts by the parent to remedy the conditions described therein
    which are first initiated subsequent to the giving of notice of the
    filing of the petition.
    23 Pa.C.S.A. § 2511(a)(2), (b).
    The Supreme Court set forth our inquiry under section 2511(a)(2) as
    follows.
    As stated above, § 2511(a)(2) provides statutory grounds
    for termination of parental rights where it is demonstrated by clear
    and convincing evidence that “[t]he repeated and continued
    incapacity, abuse, neglect or refusal of the parent has caused the
    child to be without essential parental care, control or subsistence
    necessary for his physical or mental well-being and the conditions
    and causes of the incapacity, abuse, neglect or refusal cannot or
    will not be remedied by the parent.” . . .
    …
    A decision to terminate parental rights, never to be made
    lightly or without a sense of compassion for the parent, can
    seldom be more difficult than when termination is based
    upon parental incapacity. The legislature, however, in
    enacting the 1970 Adoption Act, concluded that a parent
    who is incapable of performing parental duties is just as
    parentally unfit as one who refuses to perform the duties.
    In re Adoption of S.P., 47 A.3d at 827 (citations omitted).
    This Court has long recognized that a parent is required to make diligent
    efforts    towards   the   reasonably    prompt   assumption   of   full   parental
    responsibilities.    In re A.L.D. 
    797 A.2d 326
    , 337 (Pa. Super. 2002).           A
    parent’s vow to cooperate, after a long period of uncooperativeness regarding
    the necessity or availability of services, may properly be rejected as untimely
    or disingenuous. Id. at 340.
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    This Court has stated that the focus in terminating parental rights under
    section 2511(a) is on the parent, but it is on the child pursuant to section
    2511(b). See In re Adoption of C.L.G., 
    956 A.2d 999
    , 1008 (Pa. Super
    2008) (en banc). In reviewing the evidence in support of termination under
    section 2511(b), our Supreme Court has stated as follows:
    [I]f the grounds for termination under subsection (a) are
    met, a court “shall give primary consideration to the
    developmental, physical and emotional needs and welfare of the
    child.” 23 Pa.C.S.[A.] § 2511(b). The emotional needs and
    welfare of the child have been properly interpreted to include
    “[i]ntangibles such as love, comfort, security, and stability.” In
    re K.M., 
    53 A.3d 781
    , 791 (Pa. Super. 2012). In In re E.M., 620
    A.2d [481,] 485 [(Pa. 1993)], this Court held that the
    determination of the child’s “needs and welfare” requires
    consideration of the emotional bonds between the parent and
    child. The “utmost attention” should be paid to discerning the
    effect on the child of permanently severing the parental bond. In
    re K.M., 
    53 A.3d at 791
    .
    In re: T.S.M., 
    71 A.3d 251
    , 267 (Pa. 2013).
    When evaluating a parental bond, “the court is not required to use
    expert testimony. Social workers and caseworkers can offer evaluations as
    well.    Additionally, section 2511(b) does not require a formal bonding
    evaluation.” In re Z.P., 
    994 A.2d 1108
    , 1121 (Pa. Super. 2010) (internal
    citations omitted). Although it is often wise to have a bonding evaluation and
    make it part of the certified record, “[t]here are some instances … where direct
    observation of the interaction between the parent and the child is not
    necessary and may even be detrimental to the child.” In re K.Z.S., 
    946 A.2d 753
    , 762 (Pa. Super. 2008).
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    J-S65031-17
    A parent’s abuse and neglect are likewise a relevant part of this analysis:
    [C]oncluding a child has a beneficial bond with a parent simply
    because the child harbors affection for the parent is not only
    dangerous, it is logically unsound. If a child’s feelings were the
    dispositive factor in the bonding analysis, the analysis would be
    reduced to an exercise in semantics as it is the rare child who,
    after being subject to neglect and abuse, is able to sift through
    the emotional wreckage and completely disavow a parent …. Nor
    are we of the opinion that the biological connection between [the
    parent] and the children is sufficient in of itself, or when
    considered in connection with a child’s feeling toward a parent, to
    establish a de facto beneficial bond exists. The psychological
    aspect of parenthood is more important in terms of the
    development of the child and [his or her] mental and emotional
    health than the coincidence of biological or natural parenthood.
    In re K.K.R.-S., 
    958 A.2d 529
    , 535 (Pa. Super. 2008) (internal citations and
    quotation marks omitted). Thus, the court may emphasize the safety needs
    of the child. See In re K.Z.S., 946 A.2d at 763-64 (affirming the involuntary
    termination of the mother’s parental rights, despite the existence of some
    bond, where placement with the mother would be contrary to the child’s best
    interests, and any bond with the mother would be fairly attenuated when the
    child was separated from her, almost constantly, for four years).
    Our standard of review in a dependency case is as follows:
    “The standard of review in dependency cases requires an appellate
    court to accept findings of fact and credibility determinations of
    the trial court if they are supported by the record, but does not
    require the appellate court to accept the lower court’s inferences
    or conclusions of law.” In re R.J.T., 
    608 Pa. 9
    , [27], 
    9 A.3d 1179
    ,
    1190 (Pa. 2010). We review for abuse of discretion[.]
    In Interest of: L.Z., A Minor Child, 
    111 A.3d 1164
    , 1174 (Pa. 2015).
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    J-S65031-17
    Regarding the disposition of a dependent child, section 6351(e), (f),
    (f.1), and (g) of the Juvenile Act provides the trial court with the criteria for
    its permanency plan for the subject child. Pursuant to those subsections of
    the Juvenile Act, the trial court is to determine the disposition that is best
    suited to the safety, protection and physical, mental and moral welfare of the
    child.
    When considering a petition for goal change for a dependent child, the
    trial court considers
    the continuing necessity for and appropriateness of the
    placement; the extent of compliance with the service plan
    developed for the child; the extent of progress made
    towards alleviating the circumstances which necessitated
    the original placement; the appropriateness and feasibility
    of the current placement goal for the child; and, a likely date
    by which the goal for the child might be achieved.
    In re A.K., 
    936 A.2d 528
    , 533 (Pa. Super. 2007) (citing 42 Pa.C.S.A.
    § 6351(f)).
    Additionally, Section 6351(f.1) requires the trial court to make the
    following additional determination regarding the child’s placement goal:
    (f.1) Additional determination.—Based upon the
    determinations made under subsection (f) and all relevant
    evidence presented at the hearing, the court shall determine
    one of the following:
    *     *      *
    (2) If and when the child will be placed for adoption, and
    the county agency will file for termination of parental
    rights in cases where return to the child’s parent,
    guardian or custodian is not best suited to the safety,
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    protection and physical, mental and moral welfare of the
    child.
    42 Pa.C.S.A. § 6351(f.1)(2).
    On the issue of a placement goal change, this Court has stated that,
    [w]hen a child is adjudicated dependent, the child’s
    proper placement turns on what is in the child’s best
    interest, not on what the parent wants or which goals the
    parent has achieved. See In re Sweeney, 
    393 Pa. Super. 437
    , 
    574 A.2d 690
    , 691 (1990) (noting that “[o]nce a child
    is adjudicated dependent . . . the issues of custody and
    continuation of foster care are determined by the child’s
    best interests”). Moreover, although preserving the unity of
    the family is a purpose of [the Juvenile Act], another
    purpose is to “provide for the care, protection, safety, and
    wholesome mental and physical development of children
    coming within the provisions of this chapter.”             42
    Pa.C.S.[A.] § 6301(b)(1.1). Indeed, “[t]he relationship of
    parent and child is a status and not a property right, and
    one in which the state has an interest to protect the best
    interest of the child.” In re E.F.V., 
    315 Pa. Super. 246
    , 
    461 A.2d 1263
    , 1267 (1983) (citation omitted).
    In re K.C., 
    903 A.2d 12
    , 14-15 (Pa. Super. 2006).
    The trial court addressed the sufficiency of the evidence to support the
    termination under section 2511(a)(2) and (b), and the change of permanency
    goal to adoption, as follows:
    S.M. was adjudicated dependent on May 1, 2014. S.D. was
    adjudicated dependent on June 12, 2015.               The record
    demonstrated Mother’s ongoing unwillingness to provide care or
    control for [] Children; [and/or] to perform any parental duties
    and a failure to remedy the conditions that brought [] Children
    into care. The [c]ourt found clear and convincing evidence that
    termination of Mother’s parental rights would be in the best
    interest of [] Children pursuant to 23 Pa.C.S.[A.] §§ 2511(a)(1),
    (2), (5) and (8) and 23 Pa.C.S.[A.] § 2511(b).
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    J-S65031-17
    At the Termination Hearing, the CUA Representative
    testified that the SCP objectives for Mother were that she obtain
    anger management counseling, parenting counseling, alcohol and
    drug treatment[, and] mental health treatment[,] and that she
    regularly visit [] Children. (N.T.[,] February 8, 2017[,] Page 11.)
    The CUA Representative testified that Mother never completed
    anger management courses and that she had been discharged
    from ARC eleven (11) times for non-compliance.              (N.T.[,]
    February 8, 2017[,] Page 13). The CUA Representative testified
    that Mother had failed to complete alcohol and drug treatment
    (N.T.[,] February 8, 2017 Page 16)[,] and consistently provided
    positive drug screens. Mother tested positive for [THC] on April
    18, 2016, August 22, 2016 and August 30, 2016. (N.T.[,]
    February 8, 2017[,] Page 22). Mother testified at the hearing that
    she had not completed drug and alcohol counseling and mental
    health treatment. (N.T.[,] February 8, 2017[,] Page 30).
    Regarding Child S[.]M[.], the CUA Representative testified
    that S[.]M[.] attended behavioral therapy and that S[.]M[.] had
    been moved eight (8) times from foster homes due to behavioral
    issues. (N.T.[,] February 8, 2017[,] Page 24-25). The CUA
    Representative testified that S[.]M[.] attended her individual
    behavioral therapy sessions with her foster parent. The CUA
    Representative testified that S[.]M[.]’s behavior improved as [a]
    result of the care of her foster parent[,] who was actively involved
    with S[.]M[.]’s therapy. As a result, the CUA Representative was
    able to testify that it was in the best interests of [the child] that
    S[.]M[.]’s goal be changed to adoption[,] and that no irreparable
    harm would result to the child if Mother’s parental rights were
    terminated. (N.T.[,] February 8, 2017[,] Page 24-25). Regarding
    S[.]D[.], the CUA Representative also testified that it would be in
    S[.]D[.]’s best interest if S[.]D[.]’s goal was changed to
    adoption[,] and that S[.]D[.,] would not suffer irreparable harm if
    Mother’s parental rights were terminated and that S[.]D[.,] was
    in a suitable pre-adoptive home. (N.T.[,] February 8, 2017[,]
    Pages 24-25).
    This [c]ourt found the testimony of the CUA Representative
    to be credible and accorded it great weight. Based upon this
    testimony and the documents in evidence, this [c]ourt found clear
    and convincing evidence to terminate Mother’s parental rights
    pursuant to 23 Pa.C.S.[A.] §§ 2511(a)(1)[,] (2)[,] (5)[,] and
    (8)[,] as Mother [had] failed to remedy the conditions that
    brought [] Children into care. The [c]ourt further concluded that
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    J-S65031-17
    the termination of [Mother’s] parental rights would be in the best
    interest of Children pursuant to 23 Pa.C.S.[A.] § 2511(b). This
    [c]ourt concluded that the pre-adoptive foster parents were able
    to meet the needs of each child.
    CONCLUSION
    This [c]ourt, after review of the findings of fact and the
    testimony presented during the Termination Hearing on February
    8, 2017, finds clear and convincing evidence to terminate Mother’s
    parental rights pursuant to 23 Pa.C.S.[A.] [§] 2511(a) … (2) ….
    This [c]ourt further finds[,] pursuant to 23 Pa.C.S.[A.] [§]
    2511(b), [that] termination of [Mother’s] parental rights would
    not have a detrimental effect on [the] Children and would be in []
    Children’s best interest.
    Trial Court Opinion, 5/23/17, at 6-8 (footnotes omitted).
    After a careful review of the record, we agree with the trial court’s
    determination that termination of Mother’s parental rights to Children is
    warranted pursuant to section 2511(a)(2), as Mother clearly lacks parental
    capacity, and the evidence showed that she will be unable to remedy that
    situation within a reasonable period of time, if ever. See In re E.M., 620
    A.2d at 484 (stating that “[a] parent who is incapable of performing parental
    duties is just as parentally unfit as one who refuses to perform the duties.”)
    (citation omitted).
    Additionally, the contention in the Anders brief, i.e., that DHS did not
    make reasonable efforts to reunify Children with Mother, lacks merit. Our
    Supreme Court has rejected the argument that the provision of reasonable
    efforts by the county children’s services agency is a factor in termination of
    the parental rights of a parent to a child. See In the Interest of: D.C.D., a
    - 17 -
    J-S65031-
    17 Minor, 105
     A.3d 662, 673-74, 676 (Pa. 2014) (rejecting the suggestion that
    an agency must provide reasonable efforts to enable a parent to reunify with
    a child prior to the termination of parental rights, and rejecting the suggestion
    that section 2511 of the Adoption Act should be read in conjunction with
    section 6351 of the Juvenile Act, particularly section 6351(f)(9)(iii)).
    Our review further discloses that there is competent evidence in the
    record that supports the trial court’s findings and credibility determinations
    with regard to section 2511(b). The evidence additionally showed that the
    termination   of   Mother’s   parental   rights   will   best   serve   Children’s
    developmental, physical and emotional needs and welfare. Finally, there is
    no evidence of a bond between Mother and Children that is worth preserving,
    or that they will suffer irreparable harm from the termination of Mother’s
    parental rights.
    “[A] parent’s basic constitutional right to the custody and rearing of …
    her child is converted, upon the failure to fulfill … her parental duties, to the
    child’s right to have proper parenting and fulfillment of [the child’s] potential
    in a permanent, healthy, safe environment.” In re B.,N.M., 
    856 A.2d 847
    ,
    856 (Pa. Super. 2004) (internal citations omitted). “[W]e will not toll the well-
    being and permanency of [a child] indefinitely.” In re Adoption of C.L.G.,
    
    956 A.2d at
    1007 (citing In re Z.S.W., 
    946 A.2d 726
    , 732 (Pa. Super. 2008)
    (noting that a child’s life “simply cannot be put on hold in the hope that [a
    parent] will summon the ability to handle the responsibilities of parenting.”)).
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    J-S65031-17
    Further, this Court has held that a parent’s love of his child, alone, does not
    preclude a termination. See In re L.M., 
    923 A.2d 505
    , 512 (Pa. Super. 2007)
    (stating that a parent’s own feelings of love and affection for a child, alone,
    will not preclude termination of parental rights).
    Accordingly, we find no abuse of discretion by the trial court in
    terminating Mother’s parental rights to Children under section 2511(a)(2) and
    (b). In re Adoption of S.P., 47 A.3d at 826-27. We, therefore, affirm the
    termination Decrees. Further, our review discloses sufficient evidence in the
    record to support the trial court’s change of Children’s permanency goals to
    adoption pursuant to section 6351 of the Juvenile Act. Accordingly, we affirm
    the goal change Orders.       Moreover, as we cannot find any additional
    meritorious issues in the record, and we agree with Attorney Schuman that
    Mother’s appeal is frivolous, we grant Attorney Schuman’s Motion for leave to
    withdraw from representation.
    Motion granted. Decrees and Orders affirmed.
    Judgment Entered.
    Joseph D. Seletyn, Esq.
    Prothonotary
    Date: 12/12/2017
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