In Re: Adoption of D.A.P., minor, Appeal of D.J.S. ( 2017 )


Menu:
  • J-A21045-17
    NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
    IN RE: ADOPTION OF D.A.P., II, A           :   IN THE SUPERIOR COURT OF
    MINOR                                      :        PENNSYLVANIA
    :
    :
    APPEAL OF: D.J.S., NATURAL                 :
    MOTHER                                     :
    :
    :
    :   No. 614 WDA 2017
    Appeal from the Order entered March 8, 2017
    In the Court of Common Pleas of Cambria County
    Orphans’ Court at No: No. 2016-964-IVT
    BEFORE:      BENDER, P.J.E., OLSON, and STABILE, JJ.
    MEMORANDUM BY STABILE, J.:                            FILED OCTOBER 16, 2017
    D.J.S. (“Mother”) appeals from the March 8, 2017 decree in the Court
    of Common Pleas of Cambria County that involuntarily terminated her
    parental rights to her son, D.A.P., II (“Child”), born in February of 2006.1
    Upon careful review, we affirm.
    We summarize the relevant facts and procedural history as follows. In
    April of 2015, Cambria County Children and Youth Services (“CYS”) received
    a report alleging that Child, who resided with Mother, had not been enrolled
    in school since February of 2013. N.T., 1/17/17, at 9; Petitioner’s Exhibit 5,
    at 2. Following a hearing on June 6, 2015, the trial court adjudicated Child
    dependent and placed him in foster care. N.T., 1/17/17, at 11. In addition,
    ____________________________________________
    1
    The March 8, 2017 decree also involuntarily terminated the parental rights
    of Child’s father, D.A.P. D.A.P. did not file a notice of appeal.
    J-A21045-17
    the court appointed an educational decision maker and a CASA worker for
    this family. Petitioner’s Exhibit 5, at 2.
    Child is diagnosed with Attention Deficit Hyperactivity Disorder
    (“ADHD”) and autism. N.T., 1/17/17, at 38; N.T., 2/28/17, at 48, 63. At
    the time of his placement, Child was nine years old. The CYS caseworker,
    Carol Crouse, testified as follows regarding Child’s condition at that time.
    [Child] was not able to drink from a straw. He could not hold a
    pencil. He could not navigate stairs. He didn’t know what a
    sliding board was. He didn’t know what a swing was for. He
    was afraid of everything, afraid to go outside, afraid to
    participate in any kind of group activities, was not willing to try
    new foods of any kind.
    N.T., 1/17/17, at 16. Ms. Crouse testified that Child would only eat chicken
    nuggets. Id. Further, Ms. Crouse testified that Child “had a very unusual
    way of speaking.” Id. at 17. She explained:
    If [Child] wanted to do something, he would ask a teacher, me
    do that? Or he would say, what that? It was as if he was very
    sheltered and he lacked a lot of social skills. He had informed
    me that he spent a lot of his time sitting on his bed while his
    mother was on the computer.
    Id.
    John Jubas, Ph.D., the court-appointed educational decision maker,
    explained that, in the fall of 2015, Child was chronologically in third grade,
    but he was assessed by the Richland School District as being two years
    behind academically. N.T., 2/28/17, at 41-42. The school district developed
    an Individual Education Program (“IEP”) for Child, and assigned specialists to
    -2-
    J-A21045-17
    him, including professional educators, an emotional support teacher, and
    speech and occupational therapists. Id. at 42.
    The court established Child’s placement goal as reunification. Mother
    was required to complete the following Family Service Plan (“FSP”)
    objectives: cooperate with the Richland School District and Dr. Jubas; enroll
    in and complete parenting classes; cooperate with Independent Family
    Services (“IFS”), which supervised Mother’s visits with Child; and participate
    in a psychiatric evaluation. N.T., 1/17/17, at 12.
    On October 25, 2016, CYS filed a petition for the involuntary
    termination of Mother’s parental rights pursuant to 23 Pa.C.S. § 2511(a)(1),
    (2), (5), (8), and (b). A hearing occurred on January 17 and February 28,
    2017.     CYS presented the testimony of its caseworker, Ms. Crouse, who
    testified that Child’s progress “amazes” her and his teachers. N.T., 1/17/17,
    at 48-49.     In addition, CYS presented the testimony of Dr. Jubas, who
    testified that Child’s progress “has been strongly so encouraging.”      N.T.,
    2/28/17, at 47.    He testified that, at the time of the subject proceedings,
    Child was in the fourth grade classroom and only one year behind
    academically.     Id. at 46-47.   Further, CYS presented the testimony of
    Jessica Quist, the IFS therapist, who supervised Mother’s visits with Child
    and worked with Mother on her parenting skills from approximately August
    of 2015, through June of 2016. Finally, CYS presented the testimony of
    -3-
    J-A21045-17
    Dennis Kashurba, a licensed psychologist, who performed a psychological
    evaluation of Mother in May of 2016. Mother testified on her own behalf.
    By decree dated March 8, 2017, and entered on March 9, 2017, the
    orphans’ court granted the involuntary termination petition. On March 23,
    2017, Mother’s court-appointed counsel, Suzann M. Lehmier, Esquire,
    requested the withdrawal of her appearance. On March 24, 2017, the court
    granted her request and appointed Gregory Neugebauer, Esquire, to
    represent Mother in any appeal proceedings.      On April 13, 2017, Attorney
    Neugebauer filed a petition to file a notice of appeal nunc pro tunc, which
    the orphans’ court granted on April 18, 2017. Mother timely filed a notice of
    appeal and a concise statement of errors complained of on appeal pursuant
    to Pa.R.A.P. 1925(a)(2)(i) and (b). On May 1, 2017, the orphans’ court filed
    an opinion pursuant to Rule 1925(b), wherein the court relied on its findings
    set forth in the subject decree.
    On appeal, Mother raises the following issue for our review:
    1. Whether the [c]ourt either abused its discretion or committed
    an error of law when it granted the [p]etition for [i]nvoluntary
    [t]ermination of [p]arental [r]ights, thereby terminating the
    parental rights of [Mother] to [Child][?]
    Mother’s Brief at 2.
    We consider Mother’s issue according to the following standard.
    The standard of review in termination of parental rights cases
    requires appellate courts to accept the findings of fact and
    credibility determinations of the trial court if they are supported
    by the record. If the factual findings are supported, appellate
    courts review to determine if the trial court made an error of law
    -4-
    J-A21045-17
    or abused its discretion. A decision may be reversed for an
    abuse of discretion only upon demonstration of manifest
    unreasonableness, partiality, prejudice, bias, or ill-will. The trial
    court’s decision, however, should not be reversed merely
    because the record would support a different result. We have
    previously emphasized our deference to trial courts that often
    have first-hand observations of the parties spanning multiple
    hearings.
    In re T.S.M., 
    71 A.3d 251
    , 267 (Pa. 2013) (citations and quotation marks
    omitted).
    Termination of parental rights is governed by Section 2511 of the
    Adoption Act, 23 Pa.C.S. §§ 2101-2938, which requires a bifurcated
    analysis.
    Initially, the focus is on the conduct of the parent. The party
    seeking termination must prove by clear and convincing
    evidence that the parent’s conduct satisfies the statutory
    grounds for termination delineated in Section 2511(a). Only if
    the court determines that the parent’s conduct warrants
    termination of his or her parental rights does the court engage in
    the second part of the analysis pursuant to Section 2511(b):
    determination of the needs and welfare of the child under the
    standard of best interests of the child. One major aspect of the
    needs and welfare analysis concerns the nature and status of the
    emotional bond between parent and child, with close attention
    paid to the effect on the child of permanently severing any such
    bond.
    In re L.M., 
    923 A.2d 505
    , 511 (Pa. Super. 2007) (citations omitted).
    We need only agree with the trial court as to any one subsection of
    Section 2511(a), as well as Section 2511(b), in order to affirm. See In re
    B.L.W., 
    843 A.2d 380
    , 384 (Pa. Super. 2004) (en banc). In this case, we
    -5-
    J-A21045-17
    conclude that the certified record supports the decree pursuant to Section
    2511(a)(2) and (b), which provides as follows.2
    (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 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. § 2511(a)(2), (b).
    This Court has stated as follows.
    In order to terminate parental rights pursuant to 23 Pa.C.S.A. §
    2511(a)(2), the following three elements must be met: (1)
    repeated and continued incapacity, abuse, neglect or refusal; (2)
    ____________________________________________
    2
    Based on this disposition, we need not consider Mother’s issues with
    respect to Section 2511(a)(1), (5), and (8).
    -6-
    J-A21045-17
    such incapacity, abuse, neglect or refusal has caused the child to
    be without essential parental care, control or subsistence
    necessary for his physical or mental well-being; and (3) the
    causes of the incapacity, abuse, neglect or refusal cannot or will
    not be remedied.
    In re Adoption of M.E.P., 
    825 A.2d 1266
    , 1272 (Pa. Super. 2003) (citation
    omitted)). Further, we have stated, “[t]he grounds for termination due to
    parental incapacity that cannot be remedied are not limited to affirmative
    misconduct. To the contrary, those grounds may include acts of refusal as
    well as incapacity to perform parental duties.” In re A.L.D., 
    797 A.2d 326
    ,
    337 (Pa. Super. 2002) (citations omitted).
    With respect    to   Section 2511(b),   this    Court has   stated   that,
    “[i]ntangibles such as love, comfort, security, and stability are involved in
    the inquiry into the needs and welfare of the child.” In re C.M.S., 
    884 A.2d 1284
    , 1287 (Pa. Super. 2005) (citation omitted).      Further, the trial court
    “must also discern the nature and status of the parent-child bond, with
    utmost attention to the effect on the child of permanently severing that
    bond.”   
    Id.
     (citation omitted).   However, “[i]n cases where there is no
    evidence of any bond between the parent and child, it is reasonable to infer
    that no bond exists. The extent of any bond analysis, therefore, necessarily
    depends on the circumstances of the particular case.” In re K.Z.S., 946 2d
    753, 762-763 (Pa. Super. 2008) (citation omitted).
    On appeal, Mother argues that the orphans’ court abused its discretion
    pursuant to Section 2511(a)(2) because Child’s educational needs can be
    -7-
    J-A21045-17
    met without terminating her parental rights.          In essence, she asserts the
    only concerns keeping Child in placement is his schooling. Mother asserts
    the schooling concerns have been remedied with the assistance of Dr. Jubas,
    the court-appointed educational decision maker, with whom she promises to
    cooperate. The competent record evidence belies Mother’s argument.
    Contrary to Mother’s assertions, the certified record demonstrates that
    Mother’s repeated and continued incapacity due to her mental health has
    caused Child to be without essential parental care, control, or subsistence
    necessary for his physical and mental well-being.             Further, the record
    demonstrates that the causes of Mother’s incapacity cannot or will not be
    remedied.
    Dennis Kashurba, who performed a psychological evaluation of Mother,
    testified that Mother is diagnosed with bipolar disorder; anxiety disorder not
    otherwise    specified;      depressive    disorder    not   otherwise   specified;
    parent/child relational problem and             relational problem not otherwise
    specified; and paranoid personality disorder with schizotypal features. N.T.,
    1/17/17, at 76.
    The orphans’ court found significant the prognosis of Jessica Quist, the
    IFS therapist, as follows.
    The prognosis of the . . . family continues to remain very
    questionable due to [Mother’s] mental health symptoms.
    [Mother’s] ongoing lack of insight into her mental health
    [symptoms] continues to be a major barrier for the family.
    . . .[Mother’s] continued inability to acknowledge/recognize the
    need for change of her parenting for [Child’s] needs and her
    -8-
    J-A21045-17
    continued lack of developing positive relationships with
    educational providers [sic]. . . . [Mother] continues to make
    comments during the visits with [Child] that ‘I was doing a
    better job with teaching him while he was at home.’[3] . . .
    [Mother’s] mental health symptomology is also a concern with
    regards to having any insight into [Child’s] needs. [Mother] has
    stated irrational ideas regarding [Child] and the others involved
    in his care. [Mother’s] preoccupation with these ideas makes it
    difficult to redirect her into focusing on developing her parenting
    skills.
    Decree, 3/8/17, at ¶ 10 (quoting Petitioner’s Exhibit 13, at 3 (unpaginated)).
    Ms. Quist testified that, in addition to supervising Mother’s visits with
    Child, she tried to help Mother improve her communication skills with Child
    and with the Richland School District.           N.T., 2/28/17, at 6.   Ms. Quist
    testified that Mother had “delusional conspiracy” theories regarding Child’s
    elementary school and his teachers. Id. at 10. Further, she testified that
    Mother “had a negative attitude with regard to [Child’s] education.” Id. at
    9. She testified that Mother “criticized a lot of things that [Child] would like
    to share with her about how the week went with school. That basically she
    didn’t appear to think that the way the classes were at Richland School
    District were appropriate to meet [Child’s] needs.” Id. Moreover, Ms. Quist
    testified that Mother did not recognize the progress that Child was making.
    She testified on direct examination as follows.
    ____________________________________________
    3
    Ms. Crouse, the CYS caseworker, acknowledged on cross-examination by
    the Guardian Ad Litem that she was unaware of any state-mandated
    homeschooling lesson plan that Mother followed during the years that Child
    was not in school. N.T., 1/17/17, 50.
    -9-
    J-A21045-17
    Q. You indicated that [Mother] would make comments about
    [Child’s] comprehension and things like that to him and that he
    would appear to be upset. What would his demeanor be like?
    A. He would appear to be almost defeated. [Mother] would say
    his comprehension is not what it should be. [She would say,]
    [ ]
    “ I was teaching him much better when he was at home.[”] . . .
    [T]he longer I worked with [Child], the better you saw his
    socialization. He needed a little more time to express what he
    was trying to say. He needed to think about it. But you could
    tell he was improving and talking a lot more. But [Mother] did
    not appear to see that as any kind of progress with [Child]. . . .
    Id. at 11-12.
    In addition, Ms. Quist testified that Mother had “irrational ideas”
    involving Child’s foster family. Specifically, she testified that Mother thought
    the foster family was “trying to ruin [Child], and she would say that directly
    in front of [Child], and criticize the foster family repeatedly for not taking
    care of him.” Id. at 13. She testified that Child “was actually very hurt by
    [Mother’s] statements about the foster family because he had grown to care
    for them. . . .” Id. Further, the foster family was meeting Child’s needs.
    Id. at 36-37.
    Importantly, with respect to Mother’s parenting skills, Ms. Quist
    testified that her skills had declined during the approximately nine months
    she worked with her. N.T., 2/28/17, at 14-15.
    Q. Was [Mother] open to suggestions – or would you give her
    suggestions on how to improve her parenting?
    A. I would politely make suggestions, but [Mother] would politely
    decline any suggestions. We did suggest some activities and
    things like that to do. And she would never be mean, but she
    would politely decline and say she had plans for things to do with
    - 10 -
    J-A21045-17
    [Child]. But as far as school, the situation with his education,
    [Mother] did not want to take any [suggestions regarding]
    getting along with the school district, even improve the
    relationship so she could even talk to the educators more, she
    didn’t wish to do that.
    Id. at 14.
    Dr. Jubas testified he had meetings with Mother to share information
    about Child’s IEP and the progress he was making.       N.T., 2/28/17, at 43.
    He described Mother during those meeting as being “very agitated . . . as to
    what we were trying to do. . . .” Id. at 44.       He explained that Mother
    “was just not a real supporter of the Richland School[, but she provided]
    no[] detail as to what was wrong with the school.”4 Id. at 58.
    Moreover, Mr. Kashurba testified with respect to his overall conclusions
    following the psychological evaluation he performed on Mother in May 2016,
    as follows.
    [Mother] had sufficient intellectual ability to learn appropriate
    parenting strategies. However, it does appear that her mental
    health issues are likely to adversely affect her ability to
    implement these independently in the foreseeable future.
    . . . [H]er current psychotropic medication regimen would appear
    to have addressed her primary affective spectrum symptoms of
    anxiety and depression. . . .
    ____________________________________________
    4
    Ms. Crouse testified that Dr. Jubas’ meetings with Mother occurred at the
    CYS office and not on school property because Child “had relayed that his
    mother was not happy with the school district and that she had made
    threats to go blow the school up, so the district was very wary of having her
    come to their school.” N.T., 1/17/17, at 15.
    - 11 -
    J-A21045-17
    [ ] [N]evertheless, her thought processes appear to be
    significantly impaired as evidenced by her tendency to permit
    the events from long ago to dominate the here and now of her
    circumstances and those of her son. At this point, it does not
    appear likely she will be able to ameliorate her mental health
    issues . . . before her son has been in placement for 15
    consecutive months.
    N.T., 1/17/17, at 77-78.      Mr. Kashurba explained that Mother had been
    receiving psychiatric treatment for fifteen years. Id. at 80. Further, when
    he evaluated Mother, Child had been in placement for approximately eleven
    and one-half months.    Id.   Therefore, Mr. Kashurba testified, “I don’t see
    how within a reasonable period of time one could be assured that [Mother’s
    mental] issues could be resolved.” Id. at 79.
    Finally, Ms. Crouse testified on direct examination that Mother’s
    telephone conversations with Child were recently reduced to ten minutes per
    week and to be supervised by the foster parent for the following reason.
    [Mother] was on the phone with [Child] and the foster mother
    had exited the home. She was only in the front yard. And
    [Mother] had told [Child], [‘]the foster mother left you alone,
    she’s not allowed to do that, you should go hide up in the attic
    and call 911.[’] And that greatly frightened [Child].
    N.T., 1/17/17, at 19-20. Ms. Crouse testified that Mother’s parental rights
    should be terminated “due to the longevity and the severity of her mental
    health.” Id. at 33. She continued as follows.
    It’s difficult as adults whenever we talk to [Mother] sometimes.
    It’s extremely difficult to expect a ten-year-old little boy to be
    able to reach his mother and to respond accordingly to her
    because he is afraid that he’s going to make her angry with his
    responses, and he walked on eggshells whenever he’s around
    her.
    - 12 -
    J-A21045-17
    Id.   Based on the foregoing, we conclude that the testimonial evidence
    overwhelmingly   supports   the   termination   of   Mother’s   parental    rights
    pursuant to Section 2511(a)(2).
    With respect to Section 2511(b), Mother argues that the orphans’
    court abused its discretion because there is no record evidence that Mother’s
    “interactions were either unhealthy or harmful to the Child.” Mother’s Brief
    at 14. In addition, Mother asserts, “Child stands to lose . . . an extremely
    important bond.” Id. The competent record evidence again belies Mother’s
    argument.
    This Court has explained as follows.
    Section 2511(b) focuses on whether termination of parental
    rights would best serve the developmental, physical, and
    emotional needs and welfare of the child. As this Court has
    explained, Section 2511(b) does not explicitly require a bonding
    analysis and the term ‘bond’ is not defined in the Adoption Act.
    Case law, however, provides that analysis of the emotional bond,
    if any, between parent and child is a factor to be considered as
    part of our analysis. While a parent’s emotional bond with his or
    her child is a major aspect of the subsection 2511(b) best-
    interest analysis, it is nonetheless only one of many factors to be
    considered by the court when determining what is in the best
    interest of the child.
    [I]n addition to a bond examination, the trial court
    can equally emphasize the safety needs of the child,
    and should also consider the intangibles, such as the
    love, comfort, security, and stability the child might
    have with the foster parent. Additionally, this Court
    stated that the trial court should consider the
    importance of continuity of relationships and whether
    any existing parent-child bond can be severed
    without detrimental effects on the child.
    - 13 -
    J-A21045-17
    In re Adoption of C.D.R., 
    111 A.3d 1212
    , 1219 (Pa. Super. 2015) (quoting
    In re N.A.M., 
    33 A.3d 95
    , 103 (Pa. Super. 2011)) (quotation marks and
    citations omitted).
    The orphans’ court found as follows.
    12. . . . Mother expressed that she does have a bond with
    [Child], and, no doubt, loves her son. However, her actions, or
    failure to act, speak louder than her words. Considering the
    testimony of the caseworker and court-appointed educational
    decision maker, this child has made amazing progress since
    being placed with a foster family and is now in elementary school
    full-time. As testified, he is like a “sponge,” absorbing all that
    his mother kept from him for over two years. . . . The [c]ourt
    placed little weight on [Mother’s] testimony. As the caseworker
    stated . . . “This child deserves to have a family who make sure
    that Child continues to grow and that he reaches his full
    potential.”
    13. In terminating the parental rights of [Mother], this [c]ourt
    has found that this will best meet the development[al], physical
    and emotional needs and welfare of the child.
    Decree, 3/8/17, at ¶ 12 (citing Petitioner’s Exhibit 11).       The testimonial
    evidence supports the court’s findings.
    Dr. Jubas testified, in part:
    Q. . . . Were some of [Child’s] issues [at the time of his
    placement] a result of [his] autism or do you believe that they
    are more [as] a result of an isolated, unstimulated [home]
    environment?
    A. . . . [A]ny child with any disability, if properly schooled in the
    home setting in the early years[,] certainly has time for growth
    and development in those particular skills [that Child was lacking
    at placement]. . . . At this point there was every indication and
    observation that this child wasn’t given a very strong educational
    early setting in the home.
    Q. And that could . . . be a reason for [Child’s developmental] delays?
    - 14 -
    J-A21045-17
    A. It certainly gives a strong approach to it, yes.
    N.T., 2/28/17, at 70-71.5
    Dr. Jubas testified that Child’s progress “is extremely high,” which he
    credits to Child’s teacher and to his comfort level with the Richland School
    District. N.T., 2/28/17, at 60. In addition, Ms. Crouse testified that Child “is
    a very sweet young man.           He adores going to school.   He would become
    very upset whenever he learned it was Friday and that he would be off
    Saturday and Sunday.”         N.T., 1/17/17, at 22.   Ms. Crouse explained that
    Child did not initially “understand that Saturday and Sunday were a weekend
    and that he would be staying at home and not attending school.” 
    Id.
    Ms. Quist, who supervised visits between Mother and Child, testified,
    “[o]ftentimes . . . [Mother] didn’t pay attention to [Child] during the visits.”
    N.T., 2/28/17, at 18.        She testified that Mother had poor communication
    with Child. Id. at 19. Ms. Quist explained on direct examination,
    [Child] would often try to speak and he was often interrupted,
    not allowed to finish what he was saying. . . . [Mother] told
    [Child] she didn’t like to hear certain things that he had to say,
    especially when it came to his interest of dinosaurs and things
    like that. She told him it bothered her and she didn’t want to
    hear it. It wasn’t promoted that [Child] could fully express
    himself to her.
    ____________________________________________
    5
    Similarly, Ms. Crouse testified on direct examination that Child “had told
    the foster parents that he was not allowed to draw, and he is a very talented
    little artist. He loves to draw. I think that he led a very sheltered life [while
    in Mother’s custody].” N.T., 1/17/17, at 18.
    - 15 -
    J-A21045-17
    Id. As a result, she testified that, over time, Child “didn’t appear to make as
    much effort to try to talk to his mother.” Id.
    Ms. Quist testified with respect to the nature of the bond between
    Mother and Child as follows.
    At times they appeared to get along very well and then it was
    other times it was amiss with, depending on [Mother’s] mood,
    [Child] would often just get his coat and get his stuff and run out
    the door as soon as the visit was over. [Mother] would have to
    ask for a hug goodbye or a kiss goodbye. He did not usually
    offer that freely. I didn’t see any bond actually getting better
    with him over time.
    Id. at 20. In short, she testified on direct examination,
    Q. Do you see a strong parent/child relationship [between
    Mother and Child]?
    A. No.
    Id. Ms. Quist testified that it is in Child’s best interest for Mother’s parental
    rights to be terminated. Id. at 20-21.
    Similarly, Ms. Crouse testified that she personally supervised some
    visits between Mother and Child, and that she did not observe a bond
    between them.      N.T., 1/17/17, at 19, 27.      She described the visits as
    follows.
    The visits were very cold and clinical. [Child] would show
    affection at the end of the visit if he was asked. I did not hear
    [Child] refer to his mother by mom. There were times that he
    would refer to his mom as the foster parent. . . .
    When time was winding down, [Child] would begin gathering up
    anything that he brought with him. He put his coat on, put his
    - 16 -
    J-A21045-17
    hat on, and he would make the announcement[,] [“]I’m ready to
    go home.[”] And by home, he meant the foster home.
    Id.   Further, Ms. Crouse testified, Child “has made statements that, if he
    had to go back home to his mother, he would walk out the door[,] and he
    would walk back to the foster home.” Id. at 25.
    Ms. Crouse testified that Child is doing “extremely well with the foster
    parents.   He has flourished.   He doesn’t leave the foster home unless he
    gives the foster mother a kiss on each cheek and one on her forehead. . . .
    He is affectionate with the foster father.” N.T., 1/17/17, at 23. As such, she
    testified that Child is bonded with his foster family. Id. at 25.
    Importantly, Ms. Crouse testified on direct examination with respect to
    whether the involuntary termination of Mother’s parental rights will serve the
    needs and welfare of Child, as follows.
    Q. Do you believe that . . . if there is any . . . minuscule bond
    [that] does exist [between Mother and Child], that severing that
    bond is in the best interests of [Child]?
    A. Yes, I do.
    Q. Do you believe that severing that bond would promote
    [Child’s] developmental, physical and emotional needs?
    A. Yes, I do.
    Q. Why do you feel that way?
    A. Because of the condition that [Child] was in when he entered
    care and the amount of progress that he’s made since he’s been
    in care[.] [I]f [Child] were to be returned home[,] I would fear
    that he would regress back to the child that he was upon his
    placement.
    - 17 -
    J-A21045-17
    N.T., 1/17/17, at 31.
    Based on the foregoing testimony, and our review of the entire record
    before this Court, we conclude that the evidence overwhelmingly supports
    the termination of Mother’s parental rights pursuant to Section 2511(b).
    Mother’s arguments on appeal are without merit. Accordingly, we affirm the
    decree.
    Decree affirmed.
    Judgment Entered.
    Joseph D. Seletyn, Esq.
    Prothonotary
    Date: 10/16/2017
    - 18 -
    

Document Info

Docket Number: 614 WDA 2017

Filed Date: 10/16/2017

Precedential Status: Non-Precedential

Modified Date: 12/13/2024