In Re: E.A., a minor, Appeal of: E.A. ( 2014 )

J-S58044-14
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
IN RE: E.A., A MINOR : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
:
APPEAL OF: E.A., NATURAL MOTHER : No. 877 WDA 2014
Appeal from the Order Dated May 5, 2014
In the Court of Common Pleas of Allegheny County
Civil Division at No(s): TPR 173 of 2013
BEFORE: GANTMAN, P.J., BENDER, P.J.E., AND PLATT, J.*
MEMORANDUM BY GANTMAN, P.J.: FILED SEPTEMBER 15, 2014
er entered in the
Allegheny County Court of Common Pleas, which involuntarily terminated
In its opinion, the trial court fully and correctly set forth the relevant
facts and procedural history of this case. Therefore, we have no reason to
restate them.
Mother raises one issue for our review:
DID THE TRIAL COURT ABUSE ITS DISCRETION AND/OR
ERR AS A MATTER OF LAW IN CONCLUDING THAT
TERMINATION OF [MOTH S WOULD
SERVE THE NEEDS AND WELFARE OF CHILD PURSUANT
TO 23 PA.C.S.A. § 2511(B)?
The standard and scope of review applicable in termination of parental
rights cases are as follows:
_____________________________
*Retired Senior Judge assigned to the Superior Court.
J-S58044-14
When reviewing an appeal from a decree terminating
parental rights, we are limited to determining whether the
decision of the trial court is supported by competent
evidence. Absent an abuse of discretion, an error of law,
decision, the decree must stand. Where a trial court has
granted a petition to involuntarily terminate parental
the same deference that it would give to a jury verdict.
We must employ a broad, comprehensive review of the
record in orde
decision is supported by competent evidence.
Furthermore, we note that the trial court, as the finder of
fact, is the sole determiner of the credibility of witnesses
and all conflicts in testimony are to be resolved by the
finder of fact. The burden of proof is on the party seeking
termination to establish by clear and convincing evidence
the existence of grounds for doing so.
The standard of clear and convincing evidence means
testimony that is so clear, direct, weighty, and convincing
as to enable the trier of fact to come to a clear conviction,
without hesitation, of the truth of the precise facts in issue.
We may uphold a termination decision if any proper basis
exists for the result reached. If the trial c
are supported by competent evidence, we must affirm the
opposite result.
In re Adoption of K.J., 936 A.2d 1128, 1131-32 (Pa.Super. 2007), appeal
denied, 597 Pa. 718, 951 A.2d 1165 (2008) (internal citations omitted).
See also In re Adoption of C.L.G., 956 A.2d 999, 1003-04 (Pa.Super.
2008) (en banc).
After a thorough review of the record, the briefs of the parties, the
applicable law, and the comprehensive opinion of the Honorable Alexander P.
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discusses and properly disposes of the question presented. (See Trial Court
Opinion, filed June 27, 2014, at 4-12) (finding: Mother challenges only
rmination under Section 2511(b);1 Child has special needs and
significant developmental delays due to brain injuries and will require
significant care and attention in future; Dr. Patricia Pepe indicated that
Mother has been unable to meet expectations for parenting and did not
exhibit individual stability to parent; CYF caseworker Jaime Greenberg
which continue to ex
needs, and Child has made progress in their care; Child is bonded to foster
parents exhibit
excellent parenting skills and are willing to adopt Child; court found
involuntary ter
evidence).2
Order affirmed.
1
Mother concedes on appeal that the Allegheny County Office of Children,
See
2
The correct citation for In re S.D.T., Jr. is 934 A.2d 703 (Pa.Super. 2007),
appeal denied, 597 Pa. 68, 950 A.2d 270 (2008).
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J-S58044-14
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 9/15/2014
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