In the Int. of: J.D. & A.D. Appeal of: J.D & P.D. ( 2015 )

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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
IN THE INTEREST OF: J.D. & : IN THE SUPERIOR COURT OF
A.D., MINORS : PENNSYLVANIA
:
APPEAL OF: J.D. & P.D., :
MATERNAL GRANDPARENTS : No. 1124 MDA 2014
Appeal from the Order Entered June 20, 2014,
In the Court of Common Pleas of Cumberland County,
Juvenile Division, at Nos. CP-21-DP-0000122-2011
and CP-21-DP-0000124-2011.
IN RE: ADOPTION OF J.D., A MINOR : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
APPEAL OF: J.D. & P.D., :
MATERNAL GRANDPARENTS : No. 1209 MDA 2014
Appeal from the Order Entered June 20, 2014,
In the Court of Common Pleas of Cumberland County,
Orphans’ Court, at No. 5 Adoptions 2013.
IN RE: ADOPTION OF A.D., A MINOR : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
APPEAL OF: J.D. & P.D., :
MATERNAL GRANDPARENTS : No. 1210 MDA 2014
Appeal from the Order Entered June 20, 2014,
In the Court of Common Pleas of Cumberland County,
Orphans’ Court, at No. 6 Adoptions 2013.
J-A34024-14
J-A34025-14
J-A34026-14
IN THE INTEREST OF: J.D., A MINOR : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
APPEAL OF: K.D. : No. 1201 MDA 2014
Appeal from the Order Entered June 20, 2014,
In the Court of Common Pleas of Cumberland County,
Juvenile Division, at No. CP-21-DP-0000124-2011.
IN THE INTEREST OF: A.D., A MINOR : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
APPEAL OF: K.D. : No. 1202 MDA 2014
Appeal from the Order Entered June 20, 2014,
In the Court of Common Pleas of Cumberland County,
Juvenile Division, at No. CP-21-DP-0000122-2011.
IN RE: ADOPTION OF J.D., A MINOR : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
APPEAL OF: K.D. : No. 1211 MDA 2014
Appeal from the Order Entered June 20, 2014,
In the Court of Common Pleas of Cumberland County,
Orphans’ Court, at No. 5 Adoptions 2013.
IN RE: ADOPTION OF A.D., A MINOR : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
APPEAL OF: K.D., MOTHER : No. 1212 MDA 2014
Appeal from the Order Entered June 20, 2014,
In the Court of Common Pleas of Cumberland County,
Orphans’ Court, at No. 6 Adoptions 2013.
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J-A34025-14
J-A34026-14
IN RE: ADOPTION OF J.D., A MINOR : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
APPEAL OF: J.O., BIOLOGICAL FATHER : No. 1213 MDA 2014
Appeal from the Order Entered June 20, 2014,
In the Court of Common Pleas of Cumberland County,
Orphans’ Division, at No. 5 Adoptions 2013.
IN RE: ADOPTION OF A.D., A MINOR : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
APPEAL OF: J.O., BIOLOGICAL FATHER : No. 1214 MDA 2014
Appeal from the Order Entered June 20, 2014,
In the Court of Common Pleas of Cumberland County,
Orphans’ Court, at No. 6 Adoptions 2013.
IN THE INTEREST OF J.D., A MINOR : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
APPEAL OF: J.O., BIOLOGICAL FATHER : No. 1219 MDA 2014
Appeal from the Order Entered June 20, 2014,
In the Court of Common Pleas of Cumberland County,
Juvenile Division, at No. CP-21-DP-000124-2011.
IN THE INTEREST OF A.D., A MINOR : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
APPEAL OF: J.O., BIOLOGICAL FATHER : No. 1220 MDA 2014
Appeal from the Order Entered June 20, 2014,
In the Court of Common Pleas of Cumberland County,
Juvenile Division, at No. CP-21-DP-000122-2011.
BEFORE: FORD ELLIOTT, P.J.E., SHOGAN, J., and STABILE, J.
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MEMORANDUM BY SHOGAN, J.: FILED JANUARY 16, 2015
We have consolidated these three appeals sua sponte for ease of
disposition. This case began when Cumberland County Children and Youth
Services (“CYS”) filed a petition for a permanency goal change for A.D. and
J.D. (“the Children”) from reunification to adoption, and a petition for
termination of the parental rights of K.D. (“Mother”) and J.O. (“Father”).
After multiple days of hearings, the trial court granted both petitions. J.D.
and P.D. (“Grandparents”),1 who were permitted to intervene as a kinship
resource, appeal from the goal change order. Mother and Father appeal
from both the goal change and termination orders.
The trial court provided a complete summary of the facts and
procedural history in its August 20, 2014 opinion filed pursuant to
Pennsylvania Rule of Appellate Procedure 1925(a). Given that summary and
the parties’ familiarity with these matters, we will not repeat the facts and
procedural history in this memorandum.
On appeal, Grandparents present the following issue for our review:
A. Whether the Trial Court erred in finding that it would be in
the best interest of the children to place the children for adoption
when kinship resources were available, specifically in this case
with the maternal grandparents, who were willing, able, capable,
bonded to and ready to adopt the children at issue and/or have
the children placed with them.
1
J.D. is Mother’s father, and P.D. is Mother’s step-mother.
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Grandparents’ Brief at viii.
Mother raises the following issues in her appeal:
Did the Trial Court err as a matter of law and abuse its discretion
in determining that Cumberland County Children and Youth
Services (“CYS”) presented evidence so clear, direct, weighty,
and convincing as to enable the fact finder to come to a clear
conviction without hesitancy, of the truth of the precise facts in
issue?
Did the Trial Court err as a matter of law and abuse its discretion
in determining the best interests of the children would be served
by changing the permanency goal from reunification to adoption,
when the evidence indicated that Mother could provide for the
children’s needs and appropriately parent the children?
Did the Trial Court err as a matter of law and abuse its discretion
in determining the best interests of the children would be served
by terminating the parental rights of Mother, when the evidence
indicated that the original reasons for placement of the children
no longer exist or had been substantially eliminated?
Did the Trial Court err as a matter of law and abuse its discretion
in determining the best interests of the children would be served
by changing the goal to adoption; terminating Mother’s parental
rights; and placing the children in separate foster care, when the
evidence indicated that maternal grandparents, with whom the
children have a significant bond, presented as an available
resource to care for the children together?
Mother’s Brief at 5–6.
Father submits the following issues for our consideration:
Did the Trial Court err as a matter of law and abused [sic] its
discretion in changing the goal to adoption and terminating
Appellant’s parental rights because a parent’s absence or failure
to support his or her child due to incarceration is not, in itself,
conclusively determinative of the issue of parental
abandonment?
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Did the Trial Court err as a matter of law and abuse its discretion
in changing the goal for the subject children to adoption and
terminating Appellant’s parental rights because Appellant is able
to provide the subject children with the essential parental care,
control and subsistence in the very near future?
Did the Trial Court err as a matter of law and abuse its discretion
in terminating Appellant’s parental rights in that the conditions
which led to the removal or placement of the children no longer
existed or were substantially eliminated?
Did the Trial Court err in determining the best interest of the
children would be served by terminating Appellant’s parental
rights?
Did the Trial Court err in determining the best interests of the
children would be served by changing the goal for the subject
children to adoption, terminating parental rights and placing the
children in foster care, when maternal grandparents have a
significant bond, have presented as a resource for the children
and Father shall be an available resource in the near future?
Father’s Brief at 5.
We employ an abuse-of-discretion standard when reviewing an order
changing the placement of a dependent child. In re D.S., ___ A.3d ___,
2014 WL 5088795 (Pa. Super. filed October 10, 2014). Similarly:
appellate 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.,
614 Pa. 275, 36 A.3d 567, 572 (Pa.2011) (plurality). As has
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been often stated, an abuse of discretion does not result merely
because the reviewing court might have reached a different
conclusion. Id. 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 I.E.P., 87 A.3d 340, 343–344 (Pa. Super. 2014) (quoting In re
Adoption of S.P., 47 A.3d 817, 826–827 (Pa. 2012)).
The statutory requirements for a goal change are found in 42 Pa.C.S.
§ 6351. The trial court must consider the various factors listed therein with
the best interest of the child in mind. In re R.J.T., 9 A.3d at 1183–1184.
The termination of parental rights is governed by 23 Pa.C.S. § 2511, which
requires a bifurcated analysis:
Our case law has made clear that under
Section 2511, the court must engage in a bifurcated
process prior to terminating parental rights. Initially,
the focus is on the conduct of the parent. The party
seeking termination must prove by clear and
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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) (citing 23
Pa.C.S.A. § 2511). The burden is on the petitioner to prove by
clear and convincing evidence that the asserted statutory
grounds for seeking the termination of parental rights are valid.
In re R.N.J., 985 A.2d 273, 276 (Pa.Super.2009).
In re I.E.P., 87 A.3d at 344.
The trial court is 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. In re M.G., 855 A.2d 68, 73-74 (Pa.
Super. 2004). If competent evidence supports the trial court’s findings, we
will affirm even if the record could also support the opposite result. In re
Adoption of T.B.B., 835 A.2d 387, 394 (Pa. Super. 2003). Additionally,
this Court need only agree with the trial court’s decision as to any one
subsection in order to affirm the termination of parental rights. In re
I.E.P., 87 A.3d at 344.
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Mindful of the foregoing law, we have reviewed the certified record,
the parties’ briefs, and the relevant law. We discern no abuse of discretion
or error of law by the trial court. The Honorable Albert H. Masland
conducted multiple hearings in 2013 and 2014 and received testimony over
five days from therapists, bonding evaluators, outpatient and counseling
supervisors, case workers, counsellors, adoptive parents, Mother, Father,
and Grandparents. Judge Masland’s well-written opinion to this Court
comprehensively and accurately distills and disposes of the issues raised in
these appeals. Trial Court Opinion, 8/20/14, at 1–37. We thus adopt the
trial court opinion as our own and affirm on that basis. The parties shall
attach a copy of the opinion in the event of future proceedings.
Orders affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 1/16/2015
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