In the Interest of: E.S., Appeal of: A.L. ( 2020 )


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  • J-A18027-20 & J-A18028-20
    NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
    IN THE INTEREST OF E.S., A MINOR       :   IN THE SUPERIOR COURT OF
    :        PENNSYLVANIA
    :
    APPEAL OF: A.L.                        :
    :
    :
    :
    :
    :   No. 301 WDA 2020
    Appeal from the Order Entered February 5, 2020
    In the Court of Common Pleas of Allegheny County Orphans' Court at
    No(s): CP-02-AP-0000168-2019
    IN THE INTEREST OF: E.S., A MINOR :        IN THE SUPERIOR COURT OF
    :             PENNSYLVANIA
    :
    APPEAL OF: Z.S.                   :
    :
    :
    :
    :
    :        No. 322 WDA 2020
    Appeal from the Order Entered February 3, 2020
    In the Court of Common Pleas of Allegheny County Orphans' Court at
    No(s): CP-02-AP-0000168-2019
    BEFORE: BENDER, P.J.E., DUBOW, J., and NICHOLS, J.
    MEMORANDUM BY DUBOW, J.:                             FILED JULY 16, 2020
    In these appeals, Z.S. (“Father”) and A.L. (“Mother”) challenge the
    Orders entered by the Court of Common Pleas of Allegheny County Orphans’
    Court, dated February 3, 2020, and entered on February 5, 2020, involuntarily
    terminating their parental rights to their daughter, E.S., born in September
    J-A18027-20 & J-A18028-20
    2017 (“Child”).1 Because the record supports the decision of the orphans’
    court, we affirm the Orders.
    SUMMARY OF FACTS AND PROCEDURAL HISTORY
    We glean the following factual and procedural history from the orphans’
    court’s opinion, which is supported by the certified record. Orphans’ Court
    Opinion, 4/6/20, at 4-11. On November 20, 2017, Child’s pediatrician noticed
    bruising on Child’s face during a routine examination and directed Mother and
    Father, who are Child’s primary caregivers, to take Child to the emergency
    room. At Children’s Hospital of Pittsburgh (“CHP”), hospital staff discovered
    that, in addition to facial bruising, then two-month-old Child had four fractured
    ribs in various stages of healing.         Mother and Father could not provide a
    plausible explanation for Child’s injuries. Accordingly, the Allegheny County
    Office of Children, Youth, and Families (“CYF”) obtained emergency protective
    custody of Child.
    CYF filed a dependency petition and, at the adjudication hearing on
    December 21, 2017,2 Mother and Father stipulated to the testimony of Dr.
    Jennifer Wolford, CHP physician, namely, that Child’s facial bruising was
    caused by direct trauma, not a pacifier as Mother and Father claimed. Mother
    and Father further stipulated that Child’s multiple rib fractures had been
    ____________________________________________
    1On March 5, 2020, this Court ordered, sua sponte, that the appeals be listed
    consecutively.
    2   The court appointed KidsVoice to be Child’s guardian ad litem.
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    healing for three to four weeks, were caused by squeezing, and would have
    caused substantial pain. Child was adjudicated dependent.
    At the conclusion of the hearing, the Commonwealth arrested Mother
    and Father and charged them both with Endangering the Welfare of Children
    (“EWOC”).3 Ultimately they both pleaded guilty to EWOC. The court sentenced
    them each to three years’ probation, and ordered them to take a parenting
    class.
    The dependency court developed a Permanent Placement Plan (“Plan”)
    with a goal of reunification.        Mother’s and Father’s objectives, essentially
    identical, included: completing a non-offenders’ parenting class; continuing
    visits with Child; cooperating with the criminal process and alleviating any
    criminal restrictions; working with in-home services and completing a coached
    parenting program; completing budgeting and independent living programs;
    obtaining appropriate housing; and undergoing a mental health evaluation and
    attending treatment as needed. Notes of Testimony (“N.T.”), 2/3/20, at 42-
    45.
    On May 29, 2018, September 11, 2018, and December 4, 2018, the
    court held permanency review hearings. At each hearing, the court found
    both parents in substantial compliance with the Plan, and having made
    moderate progress towards alleviating the circumstances necessitating the
    placement. The placement goal remained reunification after each hearing.
    ____________________________________________
    3   18 Pa.C.S. § 4304.
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    On March 6, 2019, the court held a permanency review hearing and
    again found Mother and Father had made moderate progress and were in
    substantial compliance with the Plan.      The court noted that Parents had
    participated in supervised visits with Child three times a week and the
    overseeing agency had reported no concerns. However, the court entered a
    finding of aggravated circumstances against Mother and Father because
    Mother testified that she still believed that Child’s pacifier caused her facial
    bruising and both parents continued to deny abusing Child despite their guilty
    pleas to EWOC.     The court, nonetheless, kept the reunification goal and
    ordered that reasonable efforts to reunify continue.
    On June 12, 2019, the court held a permanency review hearing and
    again found Mother and Father were in substantial compliance with the Plan
    and had made moderate progress. At that time, the court expanded Mother’s
    and Father’s visitation to three overnights per week, unsupervised. Child’s
    permanency goal remained reunification.
    On July 6, 2019, following an unsupervised visit with her parents, Child
    returned to her foster home with bruising around her ear. Foster Parents took
    Child to an urgent care center and then to the emergency room at CHP.
    Mother and Father claimed that Child had fallen out of her toddler bed.
    However, Dr. Adelaide Eichman, a CHP physician, opined that the bruising was
    suspicious for abuse and not consistent with a short fall.
    On September 4, 2019, the court held a permanency review hearing and
    again found that Mother and Father were in substantial compliance with the
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    Plan, and had made moderate progress towards reunification. However, the
    court found Mother’s and Father’s explanations for Child’s new injuries
    suspicious.   Although Mother and Father had completed classes through
    Arsenal and Family Resources, the court ordered CYF to determine if there
    were additional parenting classes that might be appropriate for them.
    On that same date, CYF filed petitions to involuntarily terminate
    Mother’s and Father’s parental rights pursuant to 23 Pa.C.S. § 2511(a)(2),
    (5), (8), and (b). Child was then two years old and had been in foster care
    all but two months of her life.    The court appointed the Office of Conflict
    Counsel to represent Child’s legal interests.
    The court held a permanency review hearing on November 13, 2019,
    and again found Mother and Father in substantial compliance with the Plan,
    and having made moderate progress towards reunification.        At that time,
    Child’s permanency goal remained reunification.
    However, following a weekend visit with Mother and Father from January
    3, 2020, to January 6, 2020, Child again returned to her foster home with
    facial bruising. Foster parents took her to CHP, where she was examined by
    Dr. Eichman. Parents claimed that Child was hit in the face with a basketball.
    However, Dr. Eichman testified that, in her opinion, Child’s injury was
    consistent with impact trauma inflicted by a hand. Dr. Eichman expressed
    concerns that Child continued to be injured and abused, and that her head
    was a consistent target. Father was again charged with EWOC and aggravated
    assault in connection with Child’s injuries.
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    The orphans’ court conducted a hearing on the TPR petition on February
    3, 2020, when Child was 28 months old.4 Mother and Father were represented
    by separate counsel. CYF presented the testimony of Kathy Gary, Mother’s
    and Father’s probation officer; Dr. Adelaide Eichman, CHP physician; Erin
    Burzynski, CYF caseworker; and Dr. Terry O’Hara, a forensic psychologist who
    performed evaluations of both Mother and Father. Mother testified on her own
    behalf and presented the testimony of Anjel Gilliam, the Holy Family Institute
    in-home family counselor. Father testified on his own behalf.5 Attorney Spurr
    presented the testimony of Shelva Ulery, foster care specialist with the Bair
    Foundation.6
    On February 5, 2020, the orphans’ court entered Orders involuntarily
    terminating Mother’s and Father’s parental rights to Child pursuant to 23
    Pa.C.S. § 2511(a)(2), (5), (8), and (b). Thereafter, Mother and Father timely
    filed Notices of Appeal and Concise Statements of Errors Complained of on
    Appeal pursuant to Pa.R.A.P. 1925(a)(2)(i) and (b).
    ____________________________________________
    4 At the hearing, Attorney Andrea Spurr represented Child’s legal interests.
    KidsVoice remained guardian ad litem, although no representative from
    KidsVoice appeared at the hearing.
    5Father was incarcerated at the time of the hearing in connection with an
    unrelated case.
    6 At the conclusion of the hearing, Attorney Spurr noted that she had spoken
    with Child and that Child did not understand the concept of adoption,
    termination of parental rights, or a “forever home.” N.T., 2/3/20, at 192-93.
    Attorney Spurr argued in favor of the involuntary termination of Mother’s and
    Father’s parental rights. Id. at 192-94. In this Court, she has filed a brief in
    support of the orphans’ court’s decision. Appellee’s Brief at 12-22.
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    ISSUES ON APPEAL
    Mother raises the following issues for our review:
    1. Did the trial court abuse its discretion and/or err as a matter of
    law in granting the petition to involuntarily terminate Mother’s
    parental rights pursuant to 23 Pa.C.S. § 2511(a)(2), (5), and (8)?
    2. Did the trial court abuse its discretion and/or err as a matter of
    law in concluding that CYF met its burden of proving by clear and
    convincing evidence that termination of Mother’s parental rights
    would best serve the needs and welfare of [Child] pursuant to 23
    Pa.C.S. § 2511(b)?
    Mother’s Brief at 6.
    Father raises the following issues for our review:
    1. Did the trial court abuse its discretion and/or err as a matter of
    law in granting the petition to involuntarily terminate Father’s
    parental rights pursuant to 23 Pa.C.S. § 2511(a)(2)?
    2. Did the trial court abuse its discretion and/or err as a matter of
    law in granting the petition to involuntarily terminate Father’s
    parental rights pursuant to 23 Pa.C.S. § 2511(a)(5), and (8)?
    3. Did the trial court abuse its discretion and/or err as a matter of
    law in concluding that CYF met its burden of proving by clear and
    convincing evidence that termination of Father’s parental rights
    would best serve the needs and welfare of [Child] pursuant to 23
    Pa.C.S. § 2511(b)?
    Father’s Brief at 6-7 (answers omitted).
    LEGAL ANALYSIS
    In reviewing cases in which the orphans’ court involuntarily terminated
    parental rights, appellate courts must accept the findings of fact and credibility
    determinations of the orphans’ court if the record supports them.             In re
    T.S.M., 
    71 A.3d 251
    , 267 (Pa. 2013).        If the record supports the factual
    findings, appellate courts then determine if the orphans’ court made an error
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    of law or abused its discretion. 
    Id.
     Where the competent record evidence
    supports the court’s findings, we must affirm the orphans’ court decree even
    though the record could support an opposite result.             In re Adoption of
    Atencio, 
    650 A.2d 1064
    , 1066 (Pa. 1994).
    “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) (citations omitted). Appellate courts defer to the orphans’ court that
    often   has   “first-hand   observations   of   the   parties    spanning   multiple
    hearings.”    In re T.S.M., supra at 267 (citations and quotation marks
    omitted).     Importantly, “[t]he court cannot and will not subordinate
    indefinitely a child’s need for permanence and stability to a parent’s claims of
    progress and hope for the future. Indeed, we work under statutory and case
    law that contemplates only a short period of time . . . in which to complete
    the process of either reunification or adoption for a child who has been placed
    in foster care.” In re Adoption of R.J.S., 
    901 A.2d 502
    , 513 (Pa. Super.
    2006) (emphasis in original; citations omitted).
    In addressing petitions to terminate parental rights involuntarily, the
    Adoption Act requires the court to conduct a bifurcated analysis. See 23
    Pa.C.S. § 2511(a) and (b). The court first focuses on the conduct of the
    parent, and, if the party seeking termination presents clear and convincing
    evidence that the parent’s conduct meets one of the grounds for termination
    set forth in Section 2511(a), then the court will analyze whether termination
    of parental rights will meet the needs and welfare of the child, i.e., the best
    interests of the child, as provided in Section 2511(b).           The courts must
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    examine the existence of the child’s bond with the parent, if any, and the
    potential effect on the child of severing such bond. In re L.M., 
    923 A.2d 505
    ,
    511 (Pa. Super. 2007). A parent’s basic constitutional right to the custody
    and rearing of his child is converted, upon the failure to fulfill his parental
    duties, to the child’s right to have proper parenting and fulfillment of the
    child’s potential in a permanent, healthy, safe environment. In re B.N.M.,
    
    856 A.2d 847
    , 856 (Pa. Super. 2004) (internal citations omitted).
    While the orphans’ court here found that CYF met its burden of proof
    under 23 Pa.C.S. § 2511(a)(2), (5), (8) and (b) with regard to Mother and
    Father, we need only agree with its decision as to any one subsection of
    Section 2511(a), as well as Section 2511(b), in order to affirm the termination
    of parental rights. See In re B.L.W., 
    843 A.2d 380
    , 384 (Pa. Super. 2004)
    (en banc). Here, we will focus our analysis on Section 2511(a)(2) and (b),
    which provide as follows:
    § 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:
    ***
    (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,
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    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) and (b).
    Termination Pursuant to Section 2511(a)(2)
    We first conclude that the court properly exercised its discretion by
    terminating Mother’s and Father’s parental rights pursuant to Section
    2511(a)(2). Section 2511(a)(2) provides for termination of parental rights
    where the petitioner demonstrates by clear and convincing evidence that
    “[t]he 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.” 23 Pa.C.S. § 2511(a)(2); In re Adoption of S.P.,
    
    47 A.3d 817
    , 827 (Pa. 2012) (citations omitted). The grounds for termination
    of parental rights under Section 2511(a)(2) due to parental incapacity 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). This Court has long recognized that a
    parent is required to make diligent efforts towards the reasonably prompt
    assumption of full parental responsibilities. 
    Id.
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    Mother’s Appeal
    Mother contends that that there was insufficient evidence to support the
    conclusion that the conditions leading to the removal of Child cannot be
    remedied by Mother within a reasonable amount of time. Mother’s Brief at
    31. Mother argues that the doctor’s diagnoses of Child’s injuries as indicative
    of child abuse were subjective and unreliable, particularly where Mother could
    not provide a plausible explanation to the doctor for injuries she did not cause
    or witness. Id. at 32.
    In its opinion, the orphans’ court concluded that Child had spent twenty-
    six consecutive months in foster care, and that Mother was unable to make
    the necessary progress and acknowledgement of her parental deficiencies to
    remedy the conditions leading to Child’s removal. Orphans’ Court Opinion,
    4/6/20, at 12. The court noted that, although Mother had cooperated with
    and completed many of her Plan objectives, she still could not demonstrate
    that she could keep Child safe from intentionally inflicted injuries that
    amounted to child abuse.       Id. at 13-17.     Specifically, the court noted
    unrefuted evidence that, during unsupervised visitation with parents, there
    were two additional injuries that occurred to Child in July 2019 and January
    2020. Id. Expert testimony and medical records supported that the distinct,
    parallel linear bruising on Child’s left cheek and temple in January 2020 did
    not match Mother’s and Father’s explanations for the injury, and were
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    indicative of child abuse.7 Id. at 17. Additionally, Mother entered a guilty
    plea to EWOC based on the injuries which had caused Child’s removal, despite
    her continued insistence at later proceedings that she had not injured Child.
    Id. at 18. Finally, the court concluded that there was no competent evidence
    or testimony that Mother “can or will be able to soon demonstrate, with any
    degree of confidence, an independent ability to ensure this child’s long-term
    safety.” Id. at 17-18.
    Thus, the court concluded that Child lacked essential parental care, and
    that Mother’s inability to ensure Child’s safety was the source of her repeated
    and continued parental incapacity. Id.
    Having reviewed the record, we conclude that it supports the findings of
    the orphans’ court that Mother has not provided Child with the essential
    parental care, control and subsistence necessary for Child’s mental and
    physical well-being, and that Mother is unable to remedy the causes of her
    parental incapacity, neglect or refusal any time in the foreseeable future.
    Thus, Mother is not entitled to relief.
    Father’s Appeal
    Father contends that the orphans’ court erred when it determined that
    CYF had met its burden and proved that Child was without essential parental
    care and control, and that repeated and continued incapacity, abuse, neglect,
    or refusal existed. Father’s Brief at 19.      Father argues that his completion of
    ____________________________________________
    7 Dr. Eichman testified that she found the parents’ explanation for the July
    2019 injuries unlikely because a child falling from a toddler bed “would not be
    expected to cause really any injury, but particularly not ear bruising or scalp
    petechia.” N.T., 2/3/20, at 19.
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    all of the services ordered for him, as well as his court-ordered goals, displays
    competent evidence that he can ensure Child’s long-term safety. Id. at 21-
    22.
    The orphans’ court’s analysis regarding Father’s claims mirrors its
    analysis of Mother’s claims. Specifically, the court noted that Child had spent
    the majority of her life in care and that Father had not made the necessary
    progress to remedy the conditions leading to Child’s removal. Orphans’ Court
    Opinion, 4/6/20, at 12.     Although Father had completed many of his Plan
    objectives and services, the court emphasized that Child was still injured twice
    during unsupervised visitation with her parents, and testimony and evidence
    supported the conclusion that the injuries were indicative of Child abuse. Id.
    at 13-17. Further, although Father had entered a guilty plea to EWOC, he
    continued to deny having injured Child, and offered implausible explanations
    for Child’s July 2019 and January 2020 injuries.        Id.   Finally, the court
    concluded that there was no competent evidence or testimony that Father
    “can or will be able to soon demonstrate, with any degree of confidence, an
    independent ability to ensure this child’s long-term safety.” Id. at 17-18.
    Having reviewed the record, we conclude that it supports the findings of
    the orphans’ court that Father has not provided Child with the essential
    parental care, control and subsistence necessary for Child’s mental and
    physical well-being, and that Father is unable to remedy the causes of his
    parental incapacity, neglect or refusal any time in the foreseeable future.
    Thus, Father is not entitled to relief.
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    Termination Pursuant to 2511(b)
    With respect to Section 2511(b), we consider whether termination of
    parental rights will best serve Child’s developmental, physical, and emotional
    needs and welfare. See In re Z.P., 
    994 A.2d 1108
    , 1121 (Pa. Super. 2010).
    “In this context, the court must take into account whether a bond exists
    between child and parent, and whether termination would destroy an existing,
    necessary and beneficial relationship.” 
    Id.
     “[A] parent’s basic constitutional
    right to the custody and rearing of . . . her child is converted, upon the failure
    to fulfill . . . her parental duties, to the child’s right to have proper parenting
    and fulfillment of [the child’s] potential in a permanent, healthy, safe
    environment.” In re B.,N.M., 
    856 A.2d 847
    , 856 (Pa. Super. 2004) (internal
    citations omitted).
    It is sufficient for the orphans’ court to rely on the opinions of social
    workers and caseworkers when evaluating the impact that termination of
    parental rights will have on a child. In re Z.P., 
    supra at 1121
    . The trial court
    may consider intangibles, such as the love, comfort, security, and stability the
    child might have with the foster parent. See In re N.A.M., 
    33 A.3d 95
    , 103
    (Pa. Super. 2011). Ultimately, the concern is the needs and welfare of a child.
    In re Z.P., 
    supra at 1121
    .
    The orphans’ court may equally emphasize the safety needs of the child
    and may consider intangibles, such as the love, comfort, security, and stability
    the child might have with the foster parent. In re N.A.M., 
    33 A.3d at 103
    .
    Where there is no evidence of a bond between the parent and child, it is
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    reasonable to infer that no bond exists. See In re K.Z.S., 
    946 A.2d 753
    , 763
    (Pa. Super. 2008).       Where there is evidence of a bond, the court must
    determine whether the child’s welfare and safety outweighs any benefits
    provided by that bond. See In re Z.P., 
    994 A.2d at 1121
    .
    Mother’s Appeal
    Mother contends that the court erred in concluding that CYF met its
    burden under Section 2511(b), because the testimony supports the contention
    that Child loves and is bonded with Mother. Mother’s Brief at 36-37. Mother
    additionally argues that there is no expert opinion supporting a determination
    that termination of Mother’s parental rights best serves the needs and welfare
    of Child. Id. at 37.
    The orphans’ court relied on the testimony of CYS caseworker Burzynski,
    Bair Foundation caseworker Ulery, and Dr. O’Hara. Orphans’ Court Opinion,
    4/6/20, at 20-22. Ms. Burzynski testified that Child referred to both parents
    as mom and dad, and did not seem uncomfortable in their care; however,
    Child also referred to her foster parents as mom and dad and was unphased
    with lapses in visit with Mother and Father. Id. at 20. Ms. Burzynski testified
    that Child was in care for all but two months of her life, and that, on
    unsupervised visitations, sustained injuries consistent with child abuse. Id.
    Ms. Burzynski testified that it was in Child’s best interests for parents’ rights
    to be terminated.      Id. Ms. Ulery testified that Child loves and adores her
    foster brothers and views her foster parents as her parents. Id. at 20-21. Dr.
    O’Hara observed an interactional between Mother and Child, and Child showed
    some signs of attachment to Mother. Id. at 21. Mother praised Child, showed
    affection, was interactively playful, and could gain Child’s compliance.     Id.
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    However, foster mother also showed positive parenting skills, and Child
    interacted very well with foster mother. Id.       8   Dr. O’Hara’s opinion was that
    the foster home was an appropriate potential adoptive resource. Id.
    The court concluded that severing Child’s bond with Mother would “not
    cause extreme emotional consequences . . . and any negative consequences
    would be mitigated by the strong, healthy and secure bond that [Child] had
    established with the foster family that she had resided [with] for the last
    twenty months.” Id. at 22. The termination would be able to provide Child
    with the stability and permanence needed at her young age. Id.
    Further, the court may consider the safety needs of a child and prioritize
    those needs over the existence of a parental bond. In re N.A.M., 
    33 A.3d at 103
    . Here, the safety needs of Child were implicated, as she suffered two
    additional injuries diagnostic of child abuse while in the unsupervised custody
    of Mother. Although there was affection between Mother and Child, Child’s
    need for safety, permanency, and stability outweighed the need to keep that
    bond. 
    Id.
    Thus, the record confirms that the orphans’ court properly determined
    that terminating Mother’s parental rights would best serve Child’s needs and
    welfare. While Child had a relationship with Mother, their relationship is not
    one that is necessary and beneficial. See In re Z.P., 
    994 A.2d at 1121
    .
    Father’s Appeal
    Father contends that the orphans’ court erred in finding that CYF met
    its burden under Section 2511(b), because there was clearly a bond of love
    ____________________________________________
    8 Dr. O’Hara did not observe Child interacting with Father as he was in the
    military and deployed overseas at the time. Ms. Ulery testified that Child and
    foster father communicate regularly over Facetime.
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    and affection between Child and Father.       Father’s Brief at 24-27.   Father
    contends that the orphans’ court focused, in error, on the testimony of Dr.
    O’Hara regarding Child’s ability to better weather the stress of termination due
    to her bond with foster mother. Id. at 26.
    The orphans’ court’s analysis of the evidence presented at the hearing
    was identical to the analysis with regard to Mother. Specifically, the testimony
    of Ms. Burzsynski, Ms. Ulery, and Dr. O’Hara that Child was comfortable and
    affectionate with Father, but also comfortable and affectionate with her foster
    mother, and that the foster home was an appropriate adoptive resource.
    Orphans’ Court Opinion, 4/6/20, supra.         In contrast, Father’s argument
    focuses on his bond with Child and contends that the trial court focused solely
    on Dr. O’Hara’s testimony that Child would be better equipped to handle the
    stress of termination due to her bond with foster mother.
    Our review indicates that the court appropriately considered the bond
    between foster mother and Child as provided in Dr. O’Hara’s testimony and
    established case law. Here, when asked whether there would be a detriment
    to Child if Father’s rights were terminated, Dr. O’Hara answered in the
    affirmative, but noted that Child’s bond with the foster mother would alleviate
    some of that stress. N.T., 2/3/20, at 93-94.
    Father’s argument is unpersuasive and discounts the fact that the court
    may focus on safety concerns regarding the Child in addition to the bonds the
    Child may or may not have with parents or foster parents. In re N.A.M., 
    33 A.3d at 103
    . See also In re: T.S.M., 71 A.3d at 267 (observing that “courts
    considering termination must also consider whether the children are in a pre-
    adoptive home and whether they have a bond with their foster parents.”). In
    - 17 -
    J-A18027-20 & J-A18028-20
    the instant case, the court weighed the positive interactions between Father
    and Child against the injuries that occurred repeatedly while Child was in
    Father’s care.   Orphans’ Court Opinion, 4/6/20, supra.     Here, the record
    supports the contention that, despite the bond between Father and Child,
    safety concerns and Child’s need for permanency outweighed any positive
    value from that bond. In re N.A.M., 
    33 A.3d at 103
    .
    Our review of the record supports the orphans’ court’s determination
    and we discern no abuse of discretion or error of law. We, thus, affirm the
    court’s determination that involuntary termination of Mother’s and Father’s
    parental rights is in the best interests of Child.   Therefore, we affirm the
    orphans’ court’s February 5, 2020, Orders.
    Orders affirmed.
    Judgment Entered.
    Joseph D. Seletyn, Esq.
    Prothonotary
    Date: 7/16/2020
    - 18 -
    

Document Info

Docket Number: 301 WDA 2020

Filed Date: 7/16/2020

Precedential Status: Non-Precedential

Modified Date: 12/13/2024