In the Interest of M.C.K., a Minor ( 2018 )

J-S22032-18
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
IN THE INTEREST OF M.C.K., A : IN THE SUPERIOR COURT OF
MINOR : PENNSYLVANIA
:
:
APPEAL OF: J.C.M.K. A/K/A J.K., :
MOTHER :
:
:
: No. 3330 EDA 2017
Appeal from the Decree Entered September 13, 2017
in the Court of Common Pleas of Philadelphia County
Family Court at Nos: CP-51-AP-0000490-2016
CP-51-DP-0002114-2015
BEFORE: BENDER, P.J.E., STABILE, J., and PLATT*, J.
MEMORANDUM BY PLATT, J.: FILED SEPTEMBER 11, 2018
J.C.M.K. a/k/a J.K. (Mother) appeals from the decree of the Court of
Common Pleas of Philadelphia County (trial court), entered September 13,
2017, that terminated her parental rights to her daughter, M.C.K. (Child), born
in July of 2015, and changed Child’s goal to adoption.1
Child came into foster care a few days after her birth in July of 2015
pursuant to a General Protective Services (GPS) report received by the
Department of Human Services (DHS) on July 27, 2015. (See N.T. Hearing,
9/13/17, at 10; DHS Exhibit 4). The GPS report alleged that Mother was not
prepared to care for Child because she was homeless and had diminished
____________________________________________
1The identity of Child’s father is unknown. Three different men were ruled
out through paternity testing. (See N.T. Hearing, 9/13/17, at 9).
____________________________________
* Retired Senior Judge assigned to the Superior Court.
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mental capacity. (See N.T. Hearing, at 12; DHS Exhibit 4, at 2). Mother has
a diagnosed history of schizophrenia, depression, anxiety and post-traumatic
stress disorder. (See DHS Exhibit 4, at 3). Mother’s mental health was so
impaired that the hospital was unable to complete a mental health evaluation.
(See N.T. Hearing, at 12). DHS secured an Order of Protective Custody (OPC)
and placed Child in foster care. (See id. at 12-13).2 The court appointed a
guardian ad litem and legal counsel for Child. On July 31, 2015, the court
referred Mother to the Clinical Evaluation Unit (CEU) for a dual diagnosis
assessment and drug screen. On August 20, 2015, it referred Mother for a
psychiatric evaluation and a parenting capacity evaluation (PCE), and
appointed a guardian ad litem for her. The trial court adjudicated Child
dependent on September 10, 2015, and committed Child to DHS.
Mother’s Single Case Plan (SCP) objectives were to follow all mental
health treatment recommendations; sign consents and release of information
forms; attend Child’s medical appointments; submit to a PCE and follow all
recommendations; comply with court ordered visitation; and continue to
attend Family School. (See id. at 16). Mother attended three of the eight
SCP meetings held in her case. (See id. at 14).
____________________________________________
2 Child remained in the same foster home at the time of the termination
hearing.
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On December 11, 2016, forensic psychiatrist Dr. William Russell issued
his written PCE report on Mother. Dr. Russell conducted a clinical interview of
Mother on October 27, 2016, after conducting psychological tests on Mother
and obtaining and reviewing her records. (See DHS Exhibit 3). He was unable
to obtain Mother’s records from Warren E. Smith Health Center (WES), where
she began treatment in December of 2015. (See N.T. Hearing, at 18, 64).
He conducted the PCE to determine Mother’s capacity to provide safety and
permanency for Child. (See id. at 64).
During her interview with Dr. Russell, Mother presented “a very chaotic
developmental history[,]” including placement in foster care and multiple
psychiatric hospitalizations. (Id. at 66). Mother disclosed a diagnosis of
schizophrenia and a history of auditory and visual hallucinations that she
continued to experience both when on and off her psychotropic medication.
(See id. at 69; DHS Exhibit 3, at 3). Hallucinations and mood issues are at
the top of the list of active psychiatric symptoms. (See N.T. Hearing, at 88).
Mother admitted a history of non-compliance with taking her medication and
was unable to understand the significance of her non-compliance. (See id. at
70). The results of Mother’s Minnesota Multiphasic Personality Inventory
(MMPI-2) testing generated a variety of symptoms consistent with
schizophrenia. (See id. at 70-71). Mother lacked housing, had never
sustained any employment, and subsisted on Social Security Supplemental
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Disability Income she received for her mental health issues. (See id. at 67,
72).
Dr. Russell stated as his professional opinion that Mother lacked the
capacity to provide safety and permanency for Child. According to Dr. Russell,
Mother lacked stability in every area of her life. The deficits in her day-to-day
functioning and her history of debilitating mental health impaired her insight
and judgment. (See id. at 72-73). Even with treatment and medication,
Mother’s mental illness “impacted her ability to function appropriately in day
to day activities[,]” precluding the capacity to parent or care for Child. (Id.
at 73; see id. at 74-75). Dr. Russell recommended that Mother follow all
medication protocols, comply with her therapy routine, follow the directions
of her case manager regarding obtaining appropriate housing, develop a
financial plan, and continue to participate in visitation with Child.3 (See id. at
81-85; DHS Exhibit 3, at 11).
DHS filed its petitions to involuntarily terminate Mother’s parental rights
to Child and to change Child’s goal to adoption on May 26, 2016. The trial
court held a hearing on those petitions on September 13, 2017. At the
hearing, DHS presented the testimony of Community Umbrella Agency (CUA)
Turning Points for Children case manager Chaunteria Flowers and Dr. Russell.
____________________________________________
3 Dr. Russell did not opine as to the relationship between Mother and Child.
(See N.T. Hearing, at 85).
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Mother was present, but did not testify on her own behalf nor did she present
any evidence in her defense.
Ms. Flowers testified that Mother had begun mental health treatment at
WES in December of 2015 and remained in the program as of September 13,
2017. (See N.T. Hearing, at 17-18). Mother had a history of not being
compliant with taking her pill form of medication, either failing to take it or to
renew her prescription, resulting in her psychiatrist switching her to monthly
injections as of July 28, 2016. (See id. at 18-19). The facility did not provide
Ms. Flowers with documentation of Mother’s compliance with the monthly
shots. (See id. at 55).
Child has various medical issues requiring ongoing medical
appointments with her primary care physician; gastrointestinal specialist;
pulmonary specialist for her asthma; and an ear, nose and throat specialist
for her Lingual Malacia and acid reflux. (See id. at 21, 46). Prior to Ms.
Flowers assuming the case in March 2016, Mother was not attending Child’s
medical appointments. (See id. at 22). Since March 2016, Mother only
attended medical appointments when Ms. Flowers transported her to them;
otherwise, on her own, Mother was unable to figure out how to get there.
(See id. at 22-24). At the appointments, Mother could not identify the doctor
after having been introduced already, and was unable to process the
information provided at the visits, looking to Ms. Flowers for explanations.
(See id. at 25-26). Mother’s lack of understanding of Child’s medical condition
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severely limited her ability to parent Child. (See id. at 26). Further, Mother
failed to inquire as to Child’s well-being. (See id. at 38). Ms. Flowers
expressed concerns regarding Mother’s capacity to parent because of her
inability to comprehend Child’s medical conditions, failure to take her own
medication, continuing hallucinations, lack of housing, and her arrest for
dancing naked on the highway, thereby posing a safety threat to Child’s well-
being. (See id. at 28-30, 39-40).
Mother lacked an understanding of her finances and was unable to
budget. Upon leaving a shelter in January 2017 with $2,400.00 for housing,
Mother gave a majority of the money to her son’s grandmother with whom
she was then living. (See id. at 32-33). Mother then moved into her maternal
grandmother’s home which was inappropriate for Child as it lacked appropriate
space. Mother continued to give money to her son’s grandmother and, as a
result, Mother was unable to save for appropriate housing and expressed no
intention of moving from her grandmother’s home, notwithstanding her
apparent awareness that her housing situation precluded reunification with
Child. Providing Mother with a security deposit for a home would not alter the
fact that her inability to budget would render her unable to make rent
payments. (See id. at 37). Mother failed to comply with the
recommendations of her PCE. (See id. at 53).
Mother has always had supervised visits with Child and only started to
be consistent with her visitation as of March of 2016. (See id. at 20-21).
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Child gets upset when first dropped off for the visits, and cries for an extended
period. She is distressed when she must separate from her foster mother.
(See id. at 41). However, Mother acts appropriately during the visits, other
than not knowing how to handle Child’s crying, and Child is getting used to
seeing her. (See id. at 41, 60).
Child has lived in her pre-adoptive home since birth and is completely
bonded with her foster mother with whom she shares a loving relationship and
a parent-child bond. (See id. at 41-42). According to Ms. Flowers, the
termination of Mother’s parental rights and a goal change for Child to adoption
are in Child’s best interest. (See id. at 42). She also opined that, although
severance of Child’s relationship with Mother will not cause Child irreparable
harm, severance of Child’s relationship with her foster mother would. (See
id. at 42-43).
The trial court entered its decree terminating Mother’s parental rights to
Child and changing Child’s goal to adoption on September 13, 2017. Mother
filed her notice of appeal and concise statement of errors complained of on
appeal on October 6, 2017. See Pa.R.A.P. 1925(a)(2)(i). The court filed an
opinion on December 21, 2017. See Pa.R.A.P. 1925(a)(2)(ii).
Mother raises the following questions for our consideration:
1. Did the trial court abuse its discretion by granting [DHS’]
Petition to Change the Goal to Adoption pursuant to the Juvenile
Act 42 Pa.C.S.[A.] §6301 because Mother was still a viable
reunification resource?
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2. Did the trial court err and abuse its discretion by finding that
DHS proved by clear and convincing evidence that Mother failed
to rehabilitate herself pursuant to 23 Pa.C.S.[A.] Section[s]
2511(a)(1), (2), (5), (8) in that she attained mental health
stability by regularly attending therapy and consistently taking her
medication?
3. Did the trial court abuse its discretion by giving too much weight
to Dr. Russell’s testimony that Mother could not safely parent her
child because Dr. Russell’s opinion was based on his interview and
other information from 11 months prior to the trial, and since that
time Mother had been stabilized on new medication and was
consistently attending therapy?
4. Did the trial court err by finding that Mother failed to comply
with her mental health goal despite the fact that she had been
stabilized on medication and attending outpatient therapy three
days per week since approximately December, 2015?
(Mother’s Brief, at 4).
Our standard of review is as follows:
In an appeal from an order terminating parental rights, our scope
of review is comprehensive: we consider all the evidence
presented as well as the trial court’s factual findings and legal
conclusions. However, our standard of review is narrow: we will
reverse the trial court’s order only if we conclude that the trial
court abused its discretion, made an error of law, or lacked
competent evidence to support its findings. The trial judge’s
decision is entitled to the same deference as a jury verdict.
In re L.M., 923 A.2d 505, 511 (Pa. Super. 2007) (citations omitted).
Further, we have stated:
Where the hearing court’s findings are supported by
competent evidence of record, we must affirm the hearing court
even though the record could support an opposite result.
We are bound by the findings of the trial court
which have adequate support in the record so long as
the findings do not evidence capricious disregard for
competent and credible evidence. The trial court is
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free to believe all, part, or none of the evidence
presented, and is likewise free to make all credibility
determinations and resolve conflicts in the evidence.
Though we are not bound by the trial court’s
inferences and deductions, we may reject its
conclusions only if they involve errors of law or are
clearly unreasonable in light of the trial court’s
sustainable findings.
In re M.G., 855 A.2d 68, 73-74 (Pa. Super. 2004) (citations omitted).
We note our standard of review of a change of goal:
When we review a trial court’s order to change the
placement goal for a dependent child to adoption, our standard is
abuse of discretion. In order to conclude that the trial court
abused its discretion, we must determine that the court’s
judgment was manifestly unreasonable, that the court did not
apply the law, or that the court’s action was a result of partiality,
prejudice, bias or ill will, as shown by the record. . . .
In the Interest of S.G., 922 A.2d 943, 946 (Pa. Super. 2007) (citation
omitted).
Here, the trial court terminated Mother’s parental rights pursuant to 23
Pa.C.S.A. § 2511(a)(1), (2), (5), (8), and (b). In order to affirm the
termination of parental rights, this Court need only agree with any one
subsection of Section 2511(a). See In re B.L.W., 843 A.2d 380, 384 (Pa.
Super. 2004) (en banc), appeal denied, 863 A.2d 1141 (Pa. 2004). Requests
to have a natural parent’s parental rights terminated are governed by 23
Pa.C.S.A. § 2511, which provides, in pertinent part:
§ 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:
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* * *
(8) The child has been removed from the care of the
parent by the court or under a voluntary agreement with
an agency, 12 months or more have elapsed from the date
of removal or placement, the conditions which led to the
removal or placement of the child continue to exist and
termination of parental rights would best serve the needs
and welfare of the child.
* * *
(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.A. § 2511(a)(8), (b).
It is well settled that a party seeking termination of a parent’s rights
bears the burden of proving the grounds to so do by “clear and convincing
evidence,” a standard which requires evidence 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.” In re
T.F., 847 A.2d 738, 742 (Pa. Super. 2004) (citation omitted). Further,
[a] parent must utilize all available resources to preserve
the parental relationship, and must exercise reasonable firmness
in resisting obstacles placed in the path of maintaining the parent-
child relationship. Parental rights are not preserved by waiting for
a more suitable or convenient time to perform one’s parental
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responsibilities while others provide the child with his or her
physical and emotional needs.
In the Interest of K.Z.S., 946 A.2d 753, 759 (Pa. Super. 2008) (citation
omitted).
In order to terminate parental rights pursuant to 23 Pa.C.S.A. §
2511(a)(8), DHS must demonstrate: “(1) that the child has been removed
from the care of the parent for at least twelve (12) months; (2) that the
conditions which had led to the removal or placement of the child still exist;
and (3) that termination of parental rights would best serve the needs and
welfare of the child.” In re C.L.G., 956 A.2d 999, 1005 (Pa. Super. 2008)
(citation omitted).
The Adoption Act provides that, a trial 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 T.S.M., 71 A.3d 251, 267 (Pa. 2013)
(citation omitted). The Act does not make specific reference to an evaluation
of the bond between parent and child but our case law requires the evaluation
of any such bond. See In re E.M., 620 A.2d 481, 484 (Pa. 1993). However,
this Court has held that the trial court is not required by statute or precedent
to order a formal bonding evaluation performed by an expert. See In re
K.K.R.-S., 958 A.2d 529, 533 (Pa. Super. 2008).
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Instantly, Mother’s issues claim that the trial court abused its discretion
when it permitted DHS to change Child’s goal from reunification to adoption
and terminated her parental rights.
In addressing the issue of a change of goal, this Court has said:
By allowing [an agency] to change its goal to adoption, the
trial court has decided that [the agency] has provided adequate
services to the parent but that he/she is nonetheless incapable of
caring for the child and that, therefore, adoption is now the
favored disposition. . . .
In the Matter of N.C., 909 A.2d 818, 824 (Pa. Super. 2006) (citation
omitted).
The record before us demonstrates that DHS has provided services to
Mother since July of 2015. In spite of DHS’ efforts, however, the testimony
of Dr. Russell, cited above, makes it clear that Mother is incapable of caring
for Child independently and that a change of goal to adoption is now the
favored disposition in this case. The trial court did not abuse its discretion
when it changed Child’s goal to adoption.
Child has been in placement in excess of twelve months. The trial court
placed Child in DHS’ care because Mother’s mental state rendered her
incapable of parenting Child and Mother lacked stable income and appropriate
housing.
Dr. Russell stated his professional opinion that Mother lacked the
capacity to provide safety and permanency because she lacked stability in
every area of her life, and her history of debilitating mental health impaired
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her insight and judgment. (See N.T. Hearing, at 72-73). Even with treatment
and medication, Dr. Russell found Mother’s mental illness “impacted her ability
to function appropriately in day to day activities,” precluding the capacity to
parent or care for Child. (Id. at 73; see id. at 74-75). Ms. Flowers testified
that Mother has failed to parent Child as a result of her inability to comprehend
Child’s medical conditions, failure to take her own medication, continuing
hallucinations, lack of housing and her inability to earn and budget money,
thereby posing a threat to Child’s well-being. (See id. at 28-30, 39-40).
Despite DHS’ efforts, the conditions that led to Child’s placement continue to
exist more than twelve months after she entered DHS’ care. The trial court
did not abuse its discretion when it terminated Mother’s parental rights
pursuant to 23 Pa.C.S.A. § 2511(a)(8).
Child has lived in her pre-adoptive home since birth and is bonded
completely with her foster mother, with whom she shares a loving relationship
and a parent-child bond. The severance of Child’s relationship with Mother
will not cause Child irreparable harm, but the severance of Child’s relationship
with her foster mother will cause Child irreparable harm. (See id. at 41-43).
The trial court did not abuse its discretion when it terminated Mother’s
parental pursuant to 23 Pa.C.S.A. § 2511(b).
Accordingly, for the reasons stated above, we affirm the decree of the
Court of Common Pleas of Philadelphia County that terminated Mother’s
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parental rights pursuant to 23 Pa.C.S.A. § 2511(a)(8) and (b) and changed
Child’s goal to adoption.
Decree affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 9/11/18
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