In Re: Adopt. of: S.F., Appeal of: H.B. ( 2021 )


Menu:
  • J-S01020-21
    NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
    IN RE: ADOPT. OF: S.F., A MINOR            :   IN THE SUPERIOR COURT OF
    :        PENNSYLVANIA
    :
    :
    :
    APPEAL OF: H.B., MOTHER                        No. 1244 MDA 2020
    Appeal from the Decree Entered August 28, 2020
    In the Court of Common Pleas of Cumberland County Orphans’ Court at
    No(s): 071-Adopt-2019
    BEFORE:      LAZARUS, J., McCAFFERY, J., and STEVENS, P.J.E.*
    MEMORANDUM BY McCAFFERY, J.:                            FILED MARCH 02, 2021
    Appellant, H.B. a/k/a/ H.B.B. (Mother), appeals from the decree entered
    in the Cumberland County Court of Common Pleas, Orphans’ Court, denying
    her petition to involuntarily terminate the parental rights of V.F. (Father) to
    their minor son, S.F. (Child) (born in March of 2011), under Section
    2511(a)(1) and (b) of the Adoption Act.1 We affirm.
    On August 23, 2019, Mother filed the underlying termination petition,
    so that her husband, D.B., (Stepfather) may adopt Child. On that day, Mother
    also filed an adoption petition on behalf of Stepfather. On May 12, 2020, the
    ____________________________________________
    *   Former Justice specially assigned to the Superior Court.
    1   23 Pa.C.S. §§ 2101-2938.
    J-S01020-21
    trial court held an evidentiary hearing, at which Mother and Father,
    represented by counsel, testified.2
    The trial court summarized the testimony and exhibits presented at the
    termination hearing as follows:3
    Child was born in Chambersburg, PA [in March of 2011]. He
    has resided with Mother since . . . birth and currently resides with
    Mother and Stepfather at a confidential[ ] location[. Mother’s
    ____________________________________________
    2 The trial court appointed Child’s guardian ad litem (GAL), Katie J. Maxwell,
    Esquire, to serve in a dual role as his legal interests counsel, by stipulation of
    the parties. Trial Ct. Op., 8/28/20, at 1. In In re Adoption of L.B.M., 
    161 A.3d 172
    (Pa. 2017) (plurality), our Supreme Court held that 23 Pa.C.S.
    § 2313(a) requires the appointment of counsel to represent the legal interests
    of any child in a contested involuntary termination proceeding.
    Id. at 180.
    The Court defined a child’s “legal interest” as synonymous with their
    “preferred outcome.”
    Id. at 174.
    In In re T.S., 
    192 A.3d 1080
    (Pa. 2018), the Supreme Court held the
    trial court did not err in allowing the children’s GAL to act as their sole
    representative during the termination proceeding because, at two and three
    years old, they were incapable of expressing their preferred outcome.
    Id. at 1092.
    The Court explained, “[I]f the preferred outcome of a child is incapable
    of ascertainment because the child is very young and pre-verbal, there can be
    no conflict between the child’s legal interests and his or her best interests; as
    such, the mandate of Section 2313(a) . . . that counsel be appointed ‘to
    represent the child,’ . . . is satisfied where the court has appointed an
    attorney-[GAL] who represents the child’s best interests during such
    proceedings.”
    Id. at 1092-93.
    Here, Child was nine years old when GAL/Counsel interviewed him. We
    do not comment on the quality of the GAL/Counsel’s representation of Child.
    See In re: Adoption of K.M.G., 
    219 A.3d 662
    , 669 (Pa. Super. 2019) (en
    banc) (this Court has authority only to sua sponte raise issue of whether the
    trial court appointed any counsel for the child, and not authority to delve into
    the quality of the representation), aff’d, 
    240 A.3d 1218
    (Pa. 2020).
    3For ease of review, we have amended the trial court’s references the parties:
    “Natural Father” to “Father;” “H.B.” to “Mother;” “D.B.” to “Stepfather;” and
    “S.F.” and “the child” to “Child.”
    -2-
    J-S01020-21
    address is confidential due to a Protection from Abuse (PFA) action
    between the parties.] At the time of his birth, [Mother and Father]
    were not married. Mother married Stepfather [in May of] 2019,
    and, if Father’s parental rights are terminated, Stepfather intends
    to adopt Child. Father currently resides in Harrisburg, PA.
    Mother and Father lived together at the time of Child’s birth[,]
    until their romantic relationship ended in November 2013. While
    together, Mother worked outside the home, and Father stayed at
    home and was the caretaker of Child.
    Following their physical separation, a child custody action was
    initiated in Franklin County resulting in a February 4, 2014 custody
    order (“controlling custody order”). The controlling custody order
    awarded Mother primary physical custody and the parents shared
    legal custody. Father’s periods of partial physical custody were
    limited to agency supervised visitation . . . every other Saturday
    or Sunday from 10:00 a.m. to 5:00 p.m. In order to obtain
    unsupervised visits, Father was to obtain a five panel hair follicle
    drug test with extended opiates and proof thereof provided to
    Counsel for Mother and the Court. He never provided proof of this
    type of drug test, but had negative drug test/s that did not meet
    the five panel hair follicle standard.
    There is a history of ancillary litigation between the parents[,
    including PFA] and a child support action. Father initially filed [a
    PFA petition against Mother], following a dispute where he alleged
    Mother physically assaulted him and threatened that he would not
    see Child again. This PFA was granted[,] according to Father[,]
    and shortly thereafter Mother initiated her own PFA action against
    Father. On July 18, 2018 a final PFA Order was entered in
    Cumberland County, indicating that the underlying issues from
    [Father], related to custody[,] visitation, and phone contact[,] are
    properly addressed by the Franklin County custody case.
    . . . Mother initiated a support action in 2015 in Franklin County.
    In 2015, Father was on disability and no support was awarded.
    Mother again filed in Dauphin County in 2017 and as a result of
    Father’s recent employment[,] he was ordered to pay child
    support and began doing so in October 2019.
    Father’s last physical contact with Child was in December
    2016 after he arranged for and took all the necessary steps to
    have a one hour supervised visit at YWCA. On March [ ], 2018
    -3-
    J-S01020-21
    Father called Child at school during school hours in order to speak
    to him on the phone on Child’s birthday. Father was permitted to
    speak with Child for a very brief period of time. . . . Father also
    called Mother and requested to speak to Child on March [ ], 2018
    with conflicting testimony as to whether the call was made in 2018
    or 2017. Audio recordings of the phone calls were played at the
    hearing[.] Father asks Mother if he can speak to Child to wish him
    a happy birthday and informs her that she is being recorded.
    Mother responded with expletives directed at Father and stated
    he is not “shit” to Child. She also told Father to die in a hole
    somewhere. Father was held in contempt of a PFA Order as a
    result of calling Mother on [Child’s] birthday and asking if he could
    speak to his son to wish him a happy birthday.
    Father believes that his attempts to establish supervised
    visits with Child were frustrated by Mother. Pursuant to the
    controlling custody order, Father was permitted supervised
    visitation at an approved agency Saturday or Sunday from 10:00
    a.m. to 5:00 p.m. every other weekend, but he was responsible
    to pay all costs associated with this visitation. Mother through her
    attorney at the time directed Father to provide Mother a $30.00
    gas card so she could transport Child to and from Harrisburg from
    her Cumberland County residence for the supervised visit. The
    controlling custody order did not specify amounts or identify
    examples of costs that were deemed to be associated with
    visitation. Father felt that he was to pay the costs of visitation
    such as the orientation fees, which he did pay. Father did provide
    a gas card for the December 2016 visit[;] however, Mother
    claimed instead of $30.00 there was only $20.00 uploaded to the
    card. Mother informed the supervisor at the YWCA following the
    supervised visit between Father and Child that she would need a
    new $30.00 gas card from Father before additional visits could be
    scheduled.     Father claimed he did what was necessary for
    supervised visits to be set up and for a year Mother refused to
    bring Child to visits. He also claimed that the verbal agreement
    he made with Mother’s prior counsel concerning gas cards was to
    provide a $15.00 gas card and he believed that the initial card he
    provided would have resulted in a minimum of two visits, but
    Mother never brought Child to another supervised visit.
    On or about September 18, 2015, Father received a letter
    from the YWCA visitation center informing [him] that he would
    need to meet certain requirements in order for the YWCA to set
    up supervised visitation. On or about January 16, 2016, Father
    -4-
    J-S01020-21
    received a letter from the YMCA informing that[,] although he had
    completed his orientation for supervised visits in January 2015,
    Mother had not yet completed her orientation and[,] therefore,
    visits could not occur. Father also requested visits from the YWCA
    in March of 2018, but the YWCA declined to schedule them after
    Mother informed [the YWCA] there was a recent PFA violation[,]
    and the PFA order superseded the custody order. The YWCA
    prepared additional documentation that Father attended another
    orientation on November 15, 2018 and[,] after contact was made
    with Mother to set up her orientation so that visits could take
    place, Mother informed [the YWCA] that she required a $30.00
    gas card before she would schedule or attend an orientation.
    On May 9, 2017, Father reached out to Mother via Facebook
    messenger asking that she have Child call him and provided a
    telephone number where he could be reached. Mother’s response
    message was “Don’t contact me! You have no son.” Father also
    set up visits at the ABC House located in Cumberland County on
    or around September 2019, but Mother did not complete the
    necessary orientation to permit visits to be scheduled.
    Father was unable to comply with the five panel hair follicle
    drug test as required by the controlling custody order in order to
    obtain unsupervised visitation, but his hair was never long enough
    to allow the test to be performed. Father indicated that he had
    regular drug testing performed in order to maintain his
    commercial driver’s license. In addition, on or around June 2014,
    Father submitted to drug testing at the hospital that was negative
    for all substances[,] and he attempted to provide this to Mother’s
    prior counsel[,] but it was not accepted because it did not meet
    the five panel hair follicle standard.
    Stepfather and Mother have been in a romantic relationship
    for almost seven years. They were married [in May of] 2019, and,
    in addition to Child, their household consists of a 14 year old child
    and 12 year old child of Mother, who are presumably Child’s half
    siblings. Stepfather has known Child since late 2013, early
    2014[,], teaches Child sports[,] and supports him emotionally,
    physically and spiritually. S.F. does not talk about Father. Mother
    explained that Stepfather would like to adopt Child. Stepfather
    did not testify or appear at the hearing.
    Child’s counsel [stated] that Father only had one in person
    contact with Child since January 2014 (supervised visit at the
    -5-
    J-S01020-21
    YWCA). He did not send any birthday or Christmas cards or
    presents to Child when he did know Child’s address. He did not
    file any custody modification petitions after 2016[,] as he
    explained that whenever he did initiate any litigation in order to
    obtain custody rights over Child[,] Mother would make up
    allegations about Father related to her older daughters[,] such as
    abuse or inappropriate behavior.         Counsel for Child had
    discussions with Child demonstrating he was well adjusted and
    could communicate freely. He did inform [the court] that he
    wanted to be adopted by [Stepfather], and he wanted his last
    name to be consistent with his mother and step-father’s last
    name. He explained that he had not seen his Father in a long
    time.    Child’s counsel had concerns about the contentious
    relationship between the natural parents and the [PFA] litigation.
    However, considering all the circumstances she felt that the
    Father’s rights should be terminated.
    Trial Ct. Op., 8/28/20, at 1-6 (unpaginated) (paragraph breaks added).
    On August 28, 2020, the trial court entered its decree and opinion
    denying Mother’s termination petition. The court found Mother established
    the statutory grounds under Section 2511(a)(1) but, regarding Section
    2511(b), she “has not met her burden to establish that severing Father’s
    parental rights would best serve Child’s developmental, emotional, and
    physical needs.” Trial Ct. Op. at 8, 10.
    On September 28, 2020, Mother timely filed a notice of appeal,
    accompanied by a concise statement of errors complained of appeal pursuant
    to Pa.R.A.P. 1925(a)(2)(i) and (b).
    Mother raises the following two issues:
    A. Did the trial court err in refusing to grant the petition for
    termination of parental rights when it did not conduct the
    necessary analysis to determine the best interest and welfare of
    the child?
    -6-
    J-S01020-21
    B. Did the trial court err in determining there was insufficient
    evidence to find that granting the termination was in the child’s
    best interest?
    Mother’s Brief at 3.4       We will review these issues together, as they are
    interrelated.
    We first note the relevant standard of review:
    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
    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 omitted).
    Section 2511 of the Adoption Act governs involuntary termination of
    parental rights. See 23 Pa.C.S. § 2511. It requires a bifurcated analysis:
    ____________________________________________
    4 Mother concedes she stated her issues somewhat differently in her concise
    statement. Mother’s Brief at 3 n.2. We find the issues sufficiently preserved
    for review. See Mother’s Concise Statement of Matters Complained of on
    Appeal, 9/28/20 (“1. The trial court erred in concluding that there was
    insufficient best interest evidence to terminate parental rights. 2. The trial
    court erred by derogating its duty to determine the best interest of the child
    before denying the petition to terminate parental rights.”).
    Mother does not challenge the court’s determinations with regard to
    Section 2511(a) — which were in her favor. Nevertheless, we will discuss
    Section 2511(a)(1) to the extent it bears upon the trial court’s findings
    concerning Section 2511(b).
    -7-
    J-S01020-21
    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).
    Here, Mother sought termination under only Section 2511(a)(1) and (b),
    which provides as follows:
    (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:
    (1) The parent by conduct continuing for a period of at
    least six months immediately preceding the filing of the
    petition either has evidenced a settled purpose of
    relinquishing parental claim to a child or has refused or failed
    to perform parental duties.
    *    *    *
    (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.
    See 23 Pa.C.S. § 2511(a)(1), (b).
    -8-
    J-S01020-21
    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).
    “Intangibles such as love, comfort, security, and stability are involved
    in the inquiry into needs and welfare of the child.” In re N.A.M., 
    33 A.3d 95
    ,
    103 (Pa. Super. 2011). “‘Above all else . . . adequate consideration must be
    given to the needs and welfare of the child.’ A parent’s own feelings of love
    and affection for a child, alone, do not prevent termination of parental rights.”
    In re 
    Z.P., 994 A.2d at 1121
    .
    First, Mother asserts the trial court’s reliance on In re Santelia, 
    465 A.2d 21
    (Pa. Super. 1983), and In re T.L.G., 
    505 A.2d 628
    (Pa. Super. 1986),
    is misplaced, because those decisions rested on Section 2511(a), not section
    2511(b). Mother’s Brief at 9-11. We note the trial court discussed those cases
    as follows:
    This court’s next analysis requires a detailed inquiry into
    whether termination is in the best interests of the child as
    -9-
    J-S01020-21
    specified by 23 Pa.C.S. § 2511(b). . . . Even where it is
    established that a parent has failed to perform parental duties for
    a period in excess of six months, such a finding does not, in and
    of itself, support an order terminating parental rights. [In re
    
    Santelia, 465 A.2d at 23
    .] Rather, the trial court must examine
    the individual circumstances and any explanation offered by the
    parent to determine if that evidence, in light of the totality of the
    circumstances, clearly warrants permitting the involuntary
    termination of said parent’s parental rights.” In re T.L.G., 505
    A.2d [at 629-30.] In In re T.L.G., [the] natural mother was
    seeking to terminate [the] natural father’s rights. [The n]atural
    father had no contact with the children for two years prior to the
    termination petition other than occasional gifts and attempted
    phone calls. [The m]other would not allow the phone calls. The
    Superior Court held that [the] natural father was prevented from
    being a parent rather than choosing not to be one.
    Trial Ct. Op. at 8-9. We conclude the court’s discussion was proper.
    This Court has emphasized a trial court must consider the totality of the
    circumstances in assessing the evidence in relation to Section 2511(b). In re
    K.Z.S., 
    946 A.2d 753
    , 758 (Pa. Super. 2008).
    In 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. . . .
    . . . The trial court should also examine the intangibles such as
    the love, comfort, security, and stability the child might have with
    the foster parent.
    Id. at 762-63.
    The trial court was aware of its duty to conduct an analysis of the facts
    in evidence with regard to Section 2511(b). The court did not inappropriately
    apply cases decided under Section 2511(a)(1) to its Section 2511(b) analysis.
    The trial court did not misconstrue either Santelia and In re T.L.G. Rather,
    - 10 -
    J-S01020-21
    the court appropriately cited those cases for the proposition that, in deciding
    whether to terminate parental rights, the court must examine the totality of
    the circumstances and be mindful of the emotional impact that termination of
    parental rights causes the subject child. See 
    Santelia, 465 A.2d at 23
    ; In
    re 
    T.L.G., 505 A.2d at 629-30
    .
    Next, Mother asserts the trial court erred in failing to engage in a best
    interest analysis before denying her petition, and in determining there was
    insufficient evidence to find termination of Father’s parental rights would be
    in Child’s best interest.   Mother’s Brief at 7.      Mother claims the court
    improperly “construed the welfare analysis to be an additional requirement”
    for her to meet.
    Id. at 9.
       Mother further asserts the court incorrectly
    “presumed there was a default position . . . to deny the petition to terminate.”
    Id. at 15.
    She reasons:
    The court did not find that refusing to terminate Father’s
    parental rights best served Child’s interest. Instead it found
    [Mother] had not met her burden. However as . . . case law shows
    and the statutory language suggests[,] the burden at this second
    step does not lie with the petitioner to prove the best interest of
    the child, it lies with the court to determine the effect of severing
    the bond on the welfare of the child.
    Id. at 16.
    Mother contends she produced evidence that it was in Child’s best
    interest to sever any bond with Father, whereas Father failed to produce any
    evidence of a bond between him and Child. We determine no relief is due.
    - 11 -
    J-S01020-21
    Although Mother does not challenge the trial court’s findings under
    Section   2511(a)(1),   we   consider   them   as   context   for   the   court’s
    determinations under Section 2511(b). The court found:
    At the [May 12, 2020,] hearing, no party refuted that Father
    last saw Child in December 2016. Father did however, present
    evidence of his attempts to exercise his custodial rights[,
    including] attendance at orientations to allow for supervised
    visits[.] There was also evidence that Mother required a $30.00
    gas card [before] a visit [could] be scheduled. While this seems
    unreasonable on its face and was clearly a stretch from the
    ambiguous language of the controlling custody order regarding
    payment of costs associated with visitation, Father did nothing to
    challenge this or the fact that Mother was clearly not abiding by
    the controlling custody order by failing to attend her orientations.
    There was also evidence that Father attempted to contact his son
    on his birthday in March 2018 by telephone. [These calls] were
    met with blatant and spiteful refusal from Mother.
    While the court finds Mother placed regular barriers up to
    prevent contact and communication between Child and Father,
    Father did little to attempt to overcome these barriers. He did not
    seek to modify the custody order or any other redress when
    Mother would fail to complete orientation or refuse his attempted
    telephone contact. A parent must demonstrate a “sincere and
    genuine effort to maintain a parent-child relationship; the parent
    must use 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.” In re C.M.S., 832 A.2d 457,462 (Pa. Super. 2003)
    ....
    It is also evident that Mother utilized the legal process as a
    sword instead of a shield in terms of keeping Father at bay from
    his child and ultimately removing him from her personal dealings.
    Regardless of her actions, Father’s inactions speak louder in this
    termination matter. As the Superior Court held . . ., parental
    rights will not be preserved simply to allow for a “more suitable or
    convenient time to perform one’s parental responsibilities while
    others provide the child with his or her immediate physical and
    emotional needs.” In re Adoption of Godzak, 
    719 A.2d 365
    ,
    368 (Pa. Super. 1998).
    - 12 -
    J-S01020-21
    Almost three years elapsed between the December 2016
    supervised visit and the August 2019 filing of the petition to
    terminate parental rights. Father made few if any genuine
    attempts to see Child during that time frame, let alone the six
    months prior to the filing of the petition. Father’s inaction cannot
    be reasonably justified based upon the barriers placed upon him
    by Mother as there was no evidence that he sought to modify the
    custody order or initiate contempt proceedings for Mother’s failure
    to attend orientations at any time prior to the filing of the petition.
    Therefore, the court finds that [Mother] has established Father
    meets the statutory requirements set forth in Section 2511 (a)(1)
    as Father failed to perform parental duties for at least six months
    prior to the filing of the petition.
    Trial Ct. Op. at 7-8.
    With respect Section 2511(b), the trial court’s opinion did not focus on
    the existence of any bond between Father and Child. Instead, the court found:
    [T]he record is insufficient to establish that it is in the best interest
    of Child for Father’s rights to be terminated. . . .
    [Mother] did not present testimony from Stepfather . . . .
    Therefore, the court was unable to evaluate Stepfather’s
    perception of his involvement with ensuring that Child’s
    emotional, physical, intellectual and developmental needs are
    being met. Similarly absent from the record was information
    regarding Child’s feelings about and relationship with D.B.
    Although Child indicated to his counsel that he wanted to be
    adopted by Stepfather, this was also coupled with the fact that he
    wanted the same last name as his mother and Stepfather. There
    was insufficient evidence presented as to the interactions between
    Stepfather and Child[,] as Mother only provided a short summary
    of things Stepfather does for Child. Moreover, there was simply
    no evidence of Stepfather’s commitment to parenting and
    providing for Child long term or[,] in other words[,] his
    understanding of the responsibilities required of an adopting
    parent. Without this critical information, the court is unable to
    find that termination serves the best interest of Child. Therefore,
    the Petition for Involuntary Termination of Parental Rights is
    DENIED.
    - 13 -
    J-S01020-21
    *     *      *
    [FN]This decision should serve as a wake-up call for Father. While
    the court recognizes that the legal process can be overwhelming
    and complex for those who are unfamiliar with it, Father cannot
    wait around to perform his parental duties and expect that his
    parental rights will forever be preserved. Father should recognize
    that termination was not granted because the record was
    incomplete with regard to being able to determine that
    termination is in the best interest of Child. This is not a static
    finding and should [Mother] subsequently petition the court and
    offer necessary best interest evidence, the outcome could result
    in termination of parental rights.
    Trial Ct. Op. at 8-10 & n.3 (one footnote omitted and paragraph breaks
    added).
    Pursuant to Section 2511(b), the trial court properly considered 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 at 1121
    . The
    court found Mother had not demonstrated with sufficient evidence that
    termination of Father’s parental rights, and adoption by Stepfather, would
    provide for Child’s needs and welfare, and his love, comfort, security, and
    stability. The trial court reasoned that, although Mother testified about the
    life Stepfather could provide for Child, Mother had not presented any
    testimony from Stepfather regarding his prospective adoption of Child. In re
    
    N.A.M., 33 A.3d at 103
    .
    Our Supreme Court has instructed:
    [T]here 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
    - 14 -
    J-S01020-21
    observing the parties during the relevant hearing and often
    presiding over numerous other hearings regarding the child and
    parents. 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 the Interest of S.P., 
    47 A.3d 817
    , 826-27 (Pa. 2012) (citations omitted).
    After careful review, we find the trial court’s credibility and weight
    determinations are supported by competent evidence in the record, and, thus,
    we will not disturb them. See Interest of 
    S.P., 47 A.3d at 826-27
    . As the
    court concluded Mother failed to support her claim that the termination would
    be in Child’s best interests with sufficient testimony or other evidence, we
    affirm the decree denying her petition to terminate Father’s parental rights.5
    Decree affirmed.
    Judgment Entered.
    Joseph D. Seletyn, Esq.
    Prothonotary
    Date: 03/02/2021
    ____________________________________________
    5 We note the trial court cautioned Father he still has work to do in assuming
    his role as a parent.
    - 15 -
    

Document Info

Docket Number: 1244 MDA 2020

Filed Date: 3/2/2021

Precedential Status: Non-Precedential

Modified Date: 12/13/2024