In Re: Inv. Term of: J.I.A., a Minor ( 2023 )


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  • J-S21002-23
    NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
    IN RE: INVOLUNTARY TERMINATION      :   IN THE SUPERIOR COURT OF
    OF: J.I.A., A MINOR                 :        PENNSYLVANIA
    :
    :
    APPEAL OF: C.L.S., MOTHER           :
    :
    :
    :
    :   No. 222 MDA 2023
    Appeal from the Decree Entered January 9, 2023
    In the Court of Common Pleas of Lebanon County Orphans’ Court at
    No(s): 2022-01046
    IN RE: INVOLUNTARY TERMINATION      :   IN THE SUPERIOR COURT OF
    OF: U.T.A., A MINOR                 :        PENNSYLVANIA
    :
    :
    APPEAL OF: C.L.S., MOTHER           :
    :
    :
    :
    :   No. 223 MDA 2023
    Appeal from the Decree Entered January 9, 2023
    In the Court of Common Pleas of Lebanon County Orphans’ Court at
    No(s): 2022-01047
    IN RE: INVOLUNTARY TERMINATION      :   IN THE SUPERIOR COURT OF
    OF: D.M.M., A MINOR                 :        PENNSYLVANIA
    :
    :
    APPEAL OF: C.L.S., MOTHER           :
    :
    :
    :
    :   No. 224 MDA 2023
    Appeal from the Decree Entered January 9, 2023
    In the Court of Common Pleas of Lebanon County Orphans’ Court at
    No(s): 2022-01045
    J-S21002-23
    BEFORE:      BOWES, J., NICHOLS, J., and PELLEGRINI, J.*
    MEMORANDUM BY BOWES, J.:                             FILED: AUGUST 9, 2023
    C.L.S. (“Mother”) appeals the January 9, 2023 decrees involuntarily
    terminating her parental rights to her sons, J.I.A. and U.T.A., born respectively
    in June 2009 and March 2011, and her daughter, D.M.M., born in August
    2020.1 After careful review, we affirm.
    We glean the factual and procedural history of this matter from the
    certified record, which the orphans’ court has summarized, as follows:
    Mother is the natural mother of J.I.A., U.T.A., and D.M.M. [U.S.A.,
    Jr. (“Father”) is the father of U.T.A. and J.I.A., while t]he father
    of D.M.M. is unknown . . . .[2/3]
    [Lebanon County Children and Youth Services (“CYS” or “the
    agency”)] first became involved with the family on August 16,
    2020, due to Mother’s substance use and mental health behavior
    issues. On that date, Mother went into a hospital with D.M.M. and
    J.I.A., and was acting erratically, hallucinating, and winging
    D.M.M. around. The hospital tested Mother because of her erratic
    behaviors. Mother tested positive for methamphetamine. D.M.M.
    was one week old at the time. Emergency custody of D.M.M. was
    granted to CYS, and she was placed into foster care. On August
    18, 2020, a shelter care hearing was held for D.M.M. [She] was
    adjudicated dependent on September 14, 2020. Mother signed
    over guardianship of J.I.A. and U.T.A. to S.M., a family friend. The
    ____________________________________________
    * Retired Senior Judge assigned to the Superior Court.
    1   Mother has two other children who are not the subject of the instant appeal.
    2 The termination decree with respect to D.M.M. also terminated the rights of
    any unknown father. No such individual has ever come forward.
    3  On the same day, the orphans’ court also entered decrees terminating
    Father’s parental rights to U.T.A. and J.I.A. Father filed appeals at 182 and
    183 MDA 2023, which we have addressed in a separate writing.
    -2-
    J-S21002-23
    agency opened a case for all of the children in November 2020.
    At that time, Father was [living apart from the family in New York],
    Mother’s whereabouts were unknown, and the case was being
    monitored by the agency.
    Concerns for truancy arose later in January 2021. Mother became
    involved but then left the state. On January 20, 2021, concerns
    arose about S.M. regarding suspected drug use, home conditions,
    and that she refused to drug test when requested. The agency
    requested emergency custody of U.T.A. on January 26, 2021[,
    which was granted the same day.] On January 28, 2021, a shelter
    care hearing was held for U.T.A. The agency filed a dependency
    petition on February 2, 2021, and U.T.A. was adjudicated
    dependent on February 8, 2021.          [At this time, Mother’s
    whereabouts were unknown to the agency, although she was
    suspected to be in New York with Father.]
    Thereafter, during the summer of 2021, the agency received
    reports that J.I.A. was back in Pennsylvania at the maternal
    grandmother’s home; however, the agency could not confirm
    these reports. Father and Mother alleged that J.I.A. was in New
    York with a relative. The relative, however, denied having J.I.A[.]
    The agency located J.I.A. at his football game on September 17,
    2021. The same day, the agency was awarded emergency
    custody of J.I.A. He was placed into a kinship foster home with
    his football coaches[.]   On November 29, 2021, J.I.A. was
    adjudicated dependent[.]
    [The orphans’ court initially established a permanency goal of
    reunification with respect to D.M.M., U.T.A., and J.I.A. Mother
    was assigned numerous objectives including, inter alia, obtaining
    suitable housing, finding stable employment, submitting to
    regular     drug   tests,   and   following-up   on     pertinent
    recommendations with respect to her mental health and addiction
    issues. See N.T., 1/9/23, at 21-22; see also CYS Exhibit 3
    (permanency plan for J.I.A.), CYS Exhibit 4 (permanency plan for
    U.T.A.), CYS Exhibit 5 (permanency plan for D.M.M.).]
    ....
    -3-
    J-S21002-23
    On December 20, 2022, petitions for involuntary termination of
    parental rights were filed by the agency.[4] On January 9, 2023,
    the court held a termination hearing. As of the date of the
    hearing, D.M.M. had been in placement for approximately twenty-
    nine months (i.e., nearly her entire life), U.T.A. had been in
    placement for approximately twenty-four months, and J.I.A. was
    in placement for approximately sixteen months. [The agency
    adduced testimony from CYS foster care supervisor Angelica
    Farrisi. Although Mother] attended the hearing, . . . she was . . .
    unwilling to participate, walked out multiple times, and eventually
    left the [courthouse] entirely.
    Orphans’ Court Opinion, 3/3/23, at 4-6 (cleaned up).
    The same day, the orphans’ court entered decrees terminating Mother’s
    parental rights to U.T.A., J.I.A., and D.M.M. pursuant to 23 Pa.C.S.
    § 2511(a)(1), (2), (5), (8), and (b). The court also entered orders changing
    each child’s permanency goal from reunification to adoption.
    On February 6, 2023, Mother filed separate, timely notices of appeal at
    the captions above, along with concise statements of error complained of on
    appeal pursuant to Pa.R.A.P. 1925(a)(2)(i). Thereafter, the court authored a
    joint Rule 1925(a)(2)(ii) opinion setting forth its findings with respect to the
    termination decrees as to U.T.A., J.I.A, and D.M.M. This Court sua sponte
    consolidated the above-captioned cases pursuant to Pa.R.A.P. 513.
    ____________________________________________
    4 On December 20, 2022, the orphans’ court appointed a guardian ad litem
    and separate legal counsel to represent, respectively, the best interests and
    the legal interests of D.M.M., U.T.A., and J.I.A. See 23 Pa.C.S. § 2313(a).
    Legal counsel for the children has filed a brief in this Court advocating that
    the orphans’ court’s termination decrees be affirmed.
    -4-
    J-S21002-23
    Mother has raised a single issue for our consideration: “Whether the
    [orphans’] court erred when it entered [decrees] on January 9, 2023
    terminating [Mother’s] parental rights?” Mother’s brief at 5.
    Our standard of review in this context is well-settled:
    In cases concerning the involuntary termination of parental rights,
    appellate review is limited to a determination of whether the
    decree of the termination court is supported by competent
    evidence. When applying this standard, the appellate court must
    accept the orphans’ court’s findings of fact and credibility
    determinations if they are supported by the record. Where the
    orphans’ court’s factual findings are supported by the evidence,
    an appellate court may not disturb the orphans’ court’s ruling
    unless it has discerned an error of law or abuse of discretion.
    An abuse of discretion does not result merely because the
    reviewing court might have reached a different conclusion or the
    facts could support an opposite result. Instead, an appellate court
    may reverse for an abuse of discretion only upon demonstration
    of manifest unreasonableness, partiality, prejudice, bias, or ill-
    will. This standard of review reflects the deference we pay to trial
    courts, who often observe the parties first-hand across multiple
    hearings.
    In considering a petition to terminate parental rights, the orphans’
    court must balance the parent’s fundamental right to make
    decisions concerning the care, custody, and control of his or her
    child with the child’s essential needs for a parent’s care,
    protection, and support. Termination of parental rights has
    significant and permanent consequences for both the parent and
    child. As such, the law of this Commonwealth requires the moving
    party to establish the statutory grounds by clear and convincing
    evidence, which is evidence that is so clear, direct, weighty, and
    convincing as to enable a trier of fact to come to a clear conviction,
    without hesitance, of the truth of the precise facts in issue.
    Interest of M.E., 
    283 A.3d 820
    , 829-30 (Pa. Super. 2022) (cleaned up).
    The involuntary termination of parental rights is governed by 23
    Pa.C.S. § 2511 of the Adoption Act, which necessitates a bifurcated analysis
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    that first focuses upon the “eleven enumerated grounds” of parental conduct
    that may warrant termination pursuant to § 2511(a)(1)-(11). Id. at 830. If
    the orphans’ court determines that a petitioner has established grounds for
    termination under at least one of these subsections by “clear and convincing
    evidence,” the court then assesses the petition under 23 Pa.C.S. § 2511(b),
    which focuses upon the child’s developmental, physical and emotional needs
    and welfare. In re T.S.M., 
    71 A.3d 251
    , 267 (Pa. 2013). This Court “need
    only agree with any one subsection of § 2511(a), in addition to § 2511(b), in
    order to affirm the termination of parental rights.” T.S.M., supra at 267.
    In the instant case, the orphans’ court found that termination was
    appropriate pursuant to § 2511(a)(1), (2), (5), and (8) and § 2511(b). Our
    implicates § 2511(a)(8) and (b), which provide 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:
    ....
    (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
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    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)(8), (b).
    In order to satisfy § 2511(a)(8), the petitioner must prove that: (1) the
    child has been removed from the parent’s care for at least twelve months; (2)
    the conditions which led to the removal or placement still exist; and (3)
    termination of parental rights would best serve the needs and welfare of the
    child. See In re Adoption of J.N.M., 
    177 A.3d 937
    , 943 (Pa.Super. 2018).
    Furthermore, termination pursuant to § 2511(a)(8) does not require an
    evaluation of a parent’s willingness or ability to remedy the conditions that led
    to the removal or placement of the child. See In re M.A.B., 
    166 A.3d 434
    ,
    446   (Pa.Super.   2017).     Furthermore,    when    proceeding   pursuant   to
    § 2511(a)(8), we need not consider “any efforts by the parent to remedy the
    conditions” that were “first initiated subsequent to the giving of notice of the
    filing of the [termination] petition.” 23 Pa.C.S. § 2511(b). Rather, our inquiry
    is focused upon whether the at-issue “conditions” have been “remedied” such
    that “reunification of parent and child is imminent at the time of the hearing.”
    In re I.J., 
    972 A.2d 5
    , 11 (Pa.Super. 2009).
    This Court has acknowledged:
    [T]he application of Section (a)(8) may seem harsh when the
    parent has begun to make progress toward resolving the problems
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    that had led to removal of her children.            By allowing for
    termination when the conditions that led to removal continue to
    exist after a year, the statute implicitly recognizes that a child’s
    life cannot be held in abeyance while the parent is unable to
    perform     the   actions    necessary    to    assume     parenting
    responsibilities. This 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, to wit eighteen months, in which to complete the
    process of either reunification or adoption for a child who has been
    placed in foster care.
    
    Id. at 11-12
     (emphasis in original) (cleaned up).
    This Court has also explained that,
    while both § 2511(a)(8) and § 2511(b) direct us to evaluate the
    “needs and welfare of the child,” we are required to resolve the
    analysis relative to § 2511(a)(8), prior to addressing the “needs
    and welfare” of [the child], as proscribed by § 2511(b); as such,
    they are distinct in that we must address § 2511(a) before
    reaching § 2511(b).
    In re Adoption of C.L.G., 
    956 A.2d 999
    , 1009 (Pa.Super. 2008) (en banc)
    (cleaned up).
    If a petitioner establishes adequate grounds for termination pursuant to
    § 2511(a), the court turns to § 2511(b), which requires that it “give primary
    consideration to the developmental, physical and emotional needs and welfare
    of the child.” 23 Pa.C.S. § 2511(b). “Notably, courts should consider the
    matter from the child’s perspective, placing [their] developmental, physical,
    and emotional needs and welfare above concerns for the parent.”        In the
    Interest of K.T., ___ A.3d ___, 
    2023 WL 4092986
     at *13 (Pa. June 21,
    2023). This determination “should not be applied mechanically,” but “must
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    be made on a case-by-case basis,” wherein “the court must determine each
    child’s specific needs.” Id. at *14. Accordingly, as our Supreme Court has
    recently explained, there is no “exhaustive list” of factors that must be
    considered in this context. Id. at *18 n.28.
    Since its holding in In re E.M., 
    620 A.2d 481
     (Pa. 1993), our Supreme
    Court has mandated that a court’s § 2511(b) analysis must include
    “consideration of the emotional bonds between the parent and child.” T.S.M.,
    supra at 267. Thus, the court must determine whether the “trauma” caused
    by sundering the parent-child bond is “outweighed by the benefit of moving
    the child toward a permanent home.” Id. at 253 (cleaned up). Specifically,
    the recognized threshold for this finding is that the court must determine
    whether termination will sever a “necessary and beneficial relationship,” such
    that the child “could suffer extreme emotional consequences.” K.T., supra
    at *16.     Our Supreme Court has emphasized, however, that such
    consequences must constitute more than mere proof of “an adverse or
    detrimental impact from severance of the parental bond” in order to preclude
    termination.   Id. at *18.   Thus, “courts correctly refine their focus on the
    child’s development and mental and emotional health rather than considering
    only the child’s ‘feelings’ or ‘affection’ for the parent, which even badly abused
    and neglected children will retain.” Id. at *16 (citing T.S.M., supra at 267).
    Our case law reflects that a court’s analysis pursuant to § 2511(b) is not
    narrow but must include consideration of “intangibles such as love, comfort,
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    security, and stability.” T.S.M., supra at 267. Indeed, our Supreme Court
    has affirmed that “the parental bond is but one part of the overall subsection
    (b) analysis.” K.T., supra at *18. Thus, “courts must not only consider the
    child’s bond with the biological parent, but also examine the . . . love, comfort,
    security, and stability the child might have with the foster parent.” K.T.,
    supra at *17 (cleaned up). In conformity with this instruction, our Supreme
    Court has noted that Pennsylvania courts should also consider, where
    appropriate pursuant to the particular facts of a case, related factors such as:
    (1) the child’s need for permanency and length of time in foster care; (2)
    whether the child is in a pre-adoptive home and bonded with foster parents;
    and (3) whether the foster home meets the child’s needs. Id. at *18.
    With these overarching legal principles in mind, we turn to Mother’s
    arguments. Although broadly framed and troublingly succinct, we discern that
    her argument consists of two allegations: (1) that there was insufficient
    evidence to find grounds for termination pursuant to § 2511(a); and (2) that
    the severing of Mother’s parental rights would have a “detrimental effect”
    upon J.I.A., U.T.A., and D.M.M., such that termination should be precluded
    pursuant to § 2511(b). See Appellant’s brief at 9-11 (“[Mother] has worked
    to the best of her ability to fulfill her goals and consistently maintained her
    desire to resume the parental responsibilities for her children. . . . To sever
    that bond, [Mother] argues would have a detrimental effect on the children.”).
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    We will address each of these claims, beginning with the orphans’ court’s
    § 2511(a) analysis.
    The orphans’ court’s relevant findings pursuant to § 2511(a)(8) began
    by noting that J.I.A., U.T.A., and D.M.M. had been in placement for at least
    twelve months prior to the filing of a termination petition. See Orphans’ Court
    Opinion, 3/3/23, at 21 (“[A]s of January 9, 2023, D.M.M. had been in
    placement for approximately twenty-nine months (nearly her entire life),
    U.T.A. had been in placement for approximately twenty-four months, and
    J.I.A. had been in placement for approximately sixteen months.” (cleaned
    up)).    The orphans’ court also concluded that the conditions that had
    precipitated removal continued to exist. Id. at 8-9 (“The serious reasons for
    why [J.I.A., U.T.A., and D.M.M.] were placed continued to exist, including
    concerns about housing, the ability to provide financially, lack of ability to do
    drug tests, and mental health [concerns].”). Finally, the orphans’ court found
    that termination would ultimately serve the needs and welfare of J.I.A., U.T.A.,
    and D.M.M. Id. at 26-27 (“[Mother does] not contribute positively towards
    the psychological health of [the children].”). In reaching these conclusions,
    the orphans’ court relied principally upon the testimony of Ms. Farrisi, who
    was the foster care supervisor assigned to this family by CYS.        See N.T.,
    1/9/23, at 5-6. Our review confirms that her testimony supports the orphans’
    court’s conclusions with respect to § 2511(a)(8).
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    Initially, Ms. Farrisi testified regarding the respective placement terms
    of the J.I.A., U.T.A., and D.M.M., which were all in excess of twelve months
    as set forth by the orphans’ court. Id. at 21, 34. There is no dispute these
    placements satisfy the twelve-month threshold pursuant to § 2511(a)(8).
    With respect to the removals that occurred in the above-captioned
    cases, Ms. Farrisi testified that D.M.M. was removed in August 2020 after
    Mother presented to a hospital with substance abuse and mental health issues
    within one week of D.M.M.’s birth. See N.T., 1/9/23, at 6-7. She stated that
    U.T.A. and J.I.A. resided with maternal grandmother and, then, S.M. Id. at
    8-9, 15. However, she explained that both guardianships were deemed to be
    unsuitable due to concerns regarding illicit narcotics. Id. CYS was awarded
    emergency custody of U.T.A. in January 2021 due to the ongoing lack of a
    suitable home.   Id. at 15.   At that time, Ms. Farrisi reported that J.I.A.’s
    whereabouts were unknown to CYS and neither parent would cooperate with
    their efforts to find him. Id. at 16-17. Ultimately, J.I.A. was located and
    placed in foster care in September 2021, when he was found to be living in a
    hotel. Id. at 18.-19.
    Ms. Farrisi also averred that, in connection with these removals, the
    permanency goal established with respect to each child was initially
    reunification and required Mother to, inter alia: (1) obtain suitable housing;
    (2) find stable employment; (3) submit to regular drug tests; and (4) follow-
    up on pertinent recommendations with respect to her mental health and
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    addiction issues. Id. at 21-22; see also CYS Exhibit 3 (permanency plan for
    J.I.A.), CYS Exhibit 4 (permanency plan for U.T.A.), CYS Exhibit 5
    (permanency plan for D.M.M.).
    Although Ms. Farrisi allowed that Mother had made “moderate” progress
    on these goals, she concomitantly testified that Mother largely failed to comply
    with these permanency directives and, thereby, failed to address the
    circumstances that first caused the removal of D.M.M., U.T.A., and J.I.A.
    Specifically, she reported that Mother never obtained verifiable housing or
    stable employment prior to the filing of the termination petitions. Id. at 27-
    30, 37. Furthermore, Ms. Farrisi testified that Mother refused to participate
    in the court-mandated drug testing regimen until just two days before the
    termination hearing. Id. at 29-30. Additionally, she also noted that Mother
    failed to follow-through with the “recovery support services” recommended
    following her completion of a drug and alcohol evaluation. Id. at 29, 38.
    Finally, Ms. Farrisi also testified concerning whether termination would
    ultimately serve the interests and welfare of D.M.M., U.T.A., and J.I.A.
    Specifically, she averred that J.I.A.’s, U.T.A.’s, and D.M.M’s respective need
    for stability and permanency would be best served by terminating Mother’s
    parental rights.   Id. at 40.   Her conclusion on this point is also further
    buttressed by the long duration of the respective placements of each child,
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    the longest of which began at D.M.M.’s birth and continued for over twenty-
    nine months prior to the filing of a termination petition.5 Id. at 21, 34.
    Based on the foregoing, we find ample support for the orphans’ court’s
    conclusions pursuant to § 2511(a)(8), namely, that D.M.M., U.T.A., and J.I.A.:
    (1) have each been in placement for at least twelve months of time; (2) the
    conditions that precipitated their removal continue to exist; and (3)
    termination of Mother’s parental rights will best serve the needs and welfare
    of J.I.A., U.T.A., and D.M.M.         Accordingly, we will turn our review to the
    orphans’ court’s findings pursuant to § 2511(b).
    Although we reiterate that Mother’s arguments border on cursory, we
    are able to discern that she is essentially averring that severing her alleged
    parental bond with J.I.A., U.T.A., and D.M.M. will have a “detrimental” effect
    upon them and, thus, should not be allowed. Mother’s brief at 11.
    Preliminarily, we note that Mother’s arguments misapprehend the
    nature of the bond analysis required by § 2511(b). As our Supreme Court
    recently pronounced in K.T., indicia of a “detrimental” effect to a child
    stemming from the termination of parental rights is not the correct touchstone
    in this arena.    See K.T., supra at *16.          Rather, there must be “extreme
    emotional consequences” in order to preclude termination. Id. Thus, to the
    ____________________________________________
    5  As discussed more fully in our discussion of § 2511(b), the children are all
    in pre-adoptive foster homes that are meeting their respective needs.
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    extent that Mother asserts that the effects of severing the bond will be
    “detrimental” to D.M.M., U.T.A., and J.I.A., such arguments miss the mark.
    Pursuant to § 2511(b), the orphans’ court acknowledged that Mother
    shared a bond with D.M.M., U.T.A., and J.I.A., but found that those bonds
    were not “necessary or beneficial.” Orphans’ Court Opinion, 3/3/23, at 27.
    Rather, the court concluded that termination would serve the “needs and
    welfare” of J.I.A., U.T.A., and D.M.M. by providing them with much-needed
    permanency and stability. Id. at 27-28. The court also found termination
    appropriate given that each child was residing in pre-adoptive foster homes,
    wherein they had bonded with their foster parents and were “doing well.” Id.
    The court also found that termination would serve the “best interests” of J.I.A.,
    U.T.A., and D.M.M. due to Mother’s ongoing lack of housing, employment, or
    progress on her mental health and addiction issues. Id. at 28.
    Again, the testimony of Ms. Farrisi supports the court’s conclusions.
    Although Ms. Farrisi allowed that Mother shared a bond with each of the
    children, she opined that these connections were not parental or positive:
    Q.   What about all three children’s relationship with [Mother]?
    How do they interact or bond with her?
    A.     I would say they’re bonded. I think each child has a
    different take on the situation and on their relationship with her.
    I know [D.M.M.] knows her as Mommy, but she doesn’t have a
    strong bond, I would say, towards distinguishing her as the only
    mother figure.
    As far as [J.I.A.], I would say he’s bonded to [Mother]. I think it’s
    maybe more of the friendship level.
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    And with [U.T.A.], I would say there’s definitely a lot of hurt from
    [Mother] and some disappointed there with the relationship.
    N.T., 1/9/23, at 33-34. In describing these bonds, Ms. Farrisi also noted that
    both J.I.A. and U.T.A. have expressed disappointment concerning Mother’s
    spotty participation and inappropriate behavior at weekly, supervised
    visitations.6   Id. at 51-52.      They also shared their reluctant desire to be
    adopted. Id. at 40. Additionally, Ms. Farrisi reported that D.M.M., U.T.A.,
    and J.I.A. are all thriving in their respective foster placements and are bonded
    with their pre-adoptive foster families. Id. at 20-21.
    Based on the foregoing, we find that the orphans’ court’s relevant
    findings pursuant to § 2511(b) are supported by the record. Instantly, the
    court found that J.I.A.’s, U.T.A.’s, and D.M.M.’s developmental, physical, and
    emotional needs and welfare would be best served by terminating Mother’s
    parental rights due to: (1) the lack of a parental bond with Mother; (2) the
    continued lack of housing, absence of financial support, and drug-related
    concerns; and (3) the stability and permanency offered by the preadoptive
    foster families with whom D.M.M., U.T.A., and J.I.A. are currently residing.
    See Orphans’ Court Opinion, 3/3/23, at 27-28. As detailed above, Ms. Farrisi’s
    undisputed testimony fully supports these conclusions.
    ____________________________________________
    6  Of note, Ms. Farrisi also testified that Mother never progressed beyond
    supervised visitations. See N.T., 1/9/23, at 29.
    - 16 -
    J-S21002-23
    Pursuant to the reasoning set forth above, we find that Mother’s claim
    for relief lacks merit. Thus, we will affirm the decrees terminating her parental
    rights to D.M.M., U.T.A., and J.I.A.
    Decrees affirmed.
    Judgment Entered.
    Joseph D. Seletyn, Esq.
    Prothonotary
    Date: 8/9/2023
    - 17 -
    

Document Info

Docket Number: 222 MDA 2023

Judges: Bowes, J.

Filed Date: 8/9/2023

Precedential Status: Precedential

Modified Date: 8/9/2023