In the Interest of: L.R., a Minor ( 2017 )


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  • J-S71001-17
    NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
    IN THE INTEREST OF: L.R.                  :     IN THE SUPERIOR COURT OF
    :           PENNSYLVANIA
    :
    APPEAL OF: D.L., MOTHER                   :
    :          No. 1855 EDA 2017
    Appeal from the order entered May 12, 2017
    in the Court of Common Pleas of Monroe County
    Orphans’ Court Division, at No(s) CP-45-DP-0000001-2015
    No. 18 OCA 2017
    BEFORE: PANELLA, J., STABILE, J., and PLATT, J.
    JUDGMENT ORDER BY PANELLA, J.                     FILED DECEMBER 19, 2017
    D.L. (“Mother”) appeals the order of the Court of Common Pleas of
    Monroe County that involuntarily terminated her parental rights to her son,
    L.R. (“Child”) (born 12/14). We affirm.
    The court found CYS presented sufficient evidence to permit it to
    terminate Mother’s parental rights pursuant to 23 Pa.S.C.A. § 2511(a)(1), (2),
    and (8) and (b). The court summarized its reasoning as follows:
    In summary, we issued the order terminating Mother’s
    rights because [Child] has been dependent and in care for two and
    one-half years, from the time he was released from the hospital,
    and Mother has never been a part of his life. She purposely
    absented herself at the beginning of his life and, later, when
    incarcerated, neither utilized available resources nor took
    affirmative steps to support a parent-child relationship. In fact,
    even when Mother was not incarcerated she did not take steps to
    support a parent-child relationship with [Child] or develop a bond
    with him. Most tellingly, after the most recent release from prison,
    Mother did not take advantage of the opportunity she was given
    when the first TPR petition was denied to contact [CYS] to inquire
       Retired Senior Judge assigned to Superior Court.
    J-S71001-17
    about [Child’s] well-being, visit with him, or even request visits.
    Further, Parental Grandparents have provided the care, comfort,
    companionship, nurturing and parenting for [Child] that Mother
    did not and could not. [Child’s] needs, welfare, and best interests
    will be served by the termination of Mother’s parental rights.
    Trial Court Opinion, 7/7/17, at 13.
    On appeal, Mother maintains there was insufficient evidence presented
    to sustain the termination of her parental rights. See Mother’s Brief, at 7.
    Mother’s statement of the facts is a little over a page in length and fails
    to contain any citation to the notes of testimony. See 
    id., at 8-9.
    The brief
    itself does not contain any citations to the record. Mother’s brief sets out the
    relevant case law about termination and the statutes at issue, but her
    argument consists of just three sentences:
    As it relates to [Mother’s] rights, she was released from prison at
    the time of the second hearing. Her circumstances had improved
    greatly since the first termination hearing in which the termination
    of parental rights petition was denied. [Mother] stated she was
    working and still in outpatient treatment, thus moving towards
    any goals the agency would have laid out for her.
    
    Id., 13. That
    is it.
    Mother’s brief is woefully deficient. She makes no effort whatsoever to
    link the facts of her case to the law. Simply put, she does not attempt to
    develop a coherent legal argument to support her conclusion that the trial
    court erred in terminating her parental rights. “[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.” In re W.H., 
    25 A.3d 330
    , 339 n.3 (citations omitted;
    -2-
    J-S71001-17
    brackets in original). See also Pa.R.A.P. 2119(a). Accordingly, we find
    Mother’s two issues on appeal waived.
    In any event, had we addressed this appeal on the merits we would not
    have hesitated to affirm the court’s finding that the termination of Mother’s
    parental rights was in Child’s best interests. Frankly, as the court found,
    Mother has never been a part of Child’s life.
    Order affirmed.
    Judgment Entered.
    Joseph D. Seletyn, Esq.
    Prothonotary
    Date: 12/19/2017
    -3-
    

Document Info

Docket Number: 1855 EDA 2017

Filed Date: 12/19/2017

Precedential Status: Precedential

Modified Date: 4/17/2021