Adoption of: J.D., Appeal of: S.D. ( 2023 )

J-S22002-23
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT OP 65.37
IN RE: ADOPTION OF: J.J.J.D., A : IN THE SUPERIOR COURT OF
MINOR : PENNSYLVANIA
:
:
APPEAL OF: S.D., FATHER :
:
:
:
: No. 157 WDA 2023
Appeal from the Order Entered January 10, 2023
In the Court of Common Pleas of Washington County Orphans' Court at
No(s): C-63-OC-2022-184
BEFORE: OLSON, J., STABILE, J., and MURRAY, J.
MEMORANDUM BY OLSON, J.: FILED: September 12, 2023
Appellant, S.D. (Father), appeals from the order entered on January 10,
2023, granting a petition filed by the Washington County Children and Youth
Social Service Agency (the Agency) to involuntarily terminate Father’s rights
to his son, J.J.J.D. (J.D. or Child) pursuant to 23 Pa.C.S.A. §§ 2511(a)(1),
2511(a)(2), 2511(a)(5), and 2511(a)(8), and 2511(b).1 We affirm.
We briefly summarize the facts and procedural history of this case as
follows. J.D. was born in October 2020. Mother and Father are married, and
both are listed on J.D.’s birth certificate as his parents. On January 4, 2021,
the Agency took Child into care through an emergency verbal order when Child
____________________________________________
1 Mother executed a voluntary termination of parental rights and consent to
adoption. The trial court conducted an on-the-record colloquy and granted
Mother’s request. Mother is not a party to the current appeal. The Agency
and Child’s legal counsel and guardian ad litem filed briefs in support of the
order terminating Father’s parental rights.
J-S22002-23
was taken to the hospital for emergency medical treatment and there were
additional safety concerns with both parents’ substance and alcohol abuse,
ongoing incidents of domestic violence, and lack of stable housing. Following
a hearing on January 4, 2021, and with the agreement of Mother and Father,
the trial court granted a petition for shelter care filed by the Agency and Child
was placed with his maternal grandparents (Maternal Grandparents), where
he currently resides. The trial court further granted both Mother and Father
visitation with Child to be supervised by Maternal Grandparents. On January
15, 2021, the trial court adjudicated Child dependent and ordered a
permanency plan wherein Father was directed to submit to drug and alcohol
testing twice a month, complete drug and alcohol and mental health
treatment, obtain and maintain stable housing, complete batterer’s
intervention counseling, attend parenting classes, and abide by the terms of
his federal parole.2 On March 24, 2021, the trial court granted Father’s
petition for paternity testing and subsequent testing confirmed Father’s
paternity of Child.
The trial court held four review hearings thereafter. The trial court found
Father minimally compliant with the permanency plan at the first review
hearing held on May 4, 2021. On May 11, 2021, the Agency filed a status
____________________________________________
2 At the time of Child’s adjudication, Father was under federal indictment for
the sale of narcotics. On October 22, 2022, Father pled guilty to conspiracy
to distribute a quantity of a mixture and substance containing detectable
amount of cocaine and was sentenced to time served and four years of
probation.
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report with the trial court indicating that Mother and Father were involved in
a physical altercation wherein Mother punched Father in the face. Both Mother
and Father were subsequently granted protection from abuse (PFA) from the
other. On July 14, 2021, the trial court granted the Agency’s motion to
suspend Father’s visitation with Child due to the cross-PFAs filed by Mother
and Father. On July 22, 2021, Father’s supervised visitation was reinstated,
but later modified on July 30, 2021, directing Father’s visits with Child be
supervised by an Agency approved person, instead of Maternal Grandparents,
with visitation occurring at Blueprints Visitation House or other Agency
approved location. On August 17, 2021, the trial court held a second
permanency hearing wherein it determined that Father was again minimally
compliant with the permanency plan and found Father made no progress
toward alleviating the circumstances necessitating initial placement. The trial
court held the third review hearing on December 14, 2021. The trial court
again determined that Father was minimally compliant with the permanency
plan in so far as he attended visitation sessions and obtaining housing. The
trial court, however, noted that Father did not participate in alcohol and drug
screenings and/or mental health treatment and there were ongoing domestic
disputes when Mother and Father would encounter each other in passing
coming to and from supervised visitation sessions with Child. The trial court
also ordered the Agency to conduct a bonding assessment between Father
and Child. On April 12, 2022, the trial court held the final review hearing and
determined that Father was moderately compliant with the permanency plan.
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Father completed batterer’s intervention counseling, parenting classes, drug
and alcohol treatment, and obtained stable housing. Father, however, did not
receive or complete mental health treatment, was inconsistent with drug and
alcohol testing, tested positive for marijuana and methadone, and failed to
maintain consistent visitation with Child.
On February 1, 2022, the Agency filed a petition for involuntary
termination of Father’s parental rights. The trial court held three hearings on
August 31, 2022, September 19, 2022, and October 5, 2022. On January 10,
2023, the trial court entered an order and opinion involuntarily terminating
Father’s rights to Child pursuant to 23 Pa.C.S.A. §§ 2511(a)(1), 2511(a)(2),
2511(a)(5), and 2511(a)(8), and 2511(b). This timely appeal resulted.3
Father presents the following issues for our review:
1. Did the trial court commit an error of law in finding [the
Agency] submitted clear and convincing evidence to terminate
Fathers parental rights pursuant to 23 Pa.C.S.A. §[§]
2511(a)(1), (a)(2), (a)(5), and (a)(8)?
2. Did the trial court commit an abuse of discretion in considering
unsubstantiated facts in support of its position, specifically,
allegations of “potential domestic abuse” and findings that
Father failed to comply with court ordered services pre-
petition?
____________________________________________
3 Father filed a notice of appeal on February 7, 2023. He failed, however, to
include a corresponding concise statement of errors complained of on appeal
pursuant to Pa.R.A.P. 1925(a)(2)(i). Father corrected the error by filing an
amended notice of appeal with the concomitant concise statement the
following day, February 8, 2023. The trial court relied upon its earlier decision
filed on January 10, 2023, as its rationale for the decision to involuntarily
terminate Father’s parental rights.
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3. Did the trial court commit an abuse of discretion in failing to
credit Father with pre[-]petition participation in [c]ourt
[o]rdered services?
4. Did the trial court commit an error of law in requiring Father to
effectively state on the record his desire for reunification,
therein placing a legal burden upon the parent that is not
explicitly or implicitly recognized by statute or caselaw?
Father’s Brief at 4.
Our standard of review is well-settled:
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.
Int. of H.H.N., 296 A.3d 1258, 1263 (Pa. Super. 2023) (internal citation
omitted). “[T]he 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 Q.R.D., 214 A.3d 233, 239 (Pa.
Super. 2019) (citation omitted). “If competent evidence supports the trial
court's findings, we will affirm even if the record could also support the
opposite result.” In re B.J.Z., 207 A.3d 914, 921 (Pa. Super. 2019) (citation
omitted).
In his first issue presented, Father argues that the trial court “failed to
consider all of the court ordered services that Father either completed or
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began prior to the initiation of the termination [] petition.” Id. at 34; see
also id. at 39 (“[I]t is undisputed that Father obtained adequate and suitable
housing. He completed several services, including domestic violence classes
as well as parenting.”). However, Father also concedes that “the only services
that remained [uncompleted] were mental health services and drug and
alcohol services.” Id. at 37; see also id. at 40 (“Father intermittently
engaged in mental health services dating back to 2019.”); see also id. at 42
(“Father initiated mental health services prior to the [Agency’s termination]
filing [although] he did not complete them.”). Next, Father asserts that
because he completed domestic violence counseling, the trial court erred in
considering domestic violence as a factor in terminating Father’s parental
rights to Child. Id. at 41. Third, Father argues that the trial court erred by
failing to credit his participation in mental health counseling and treatment
before the Agency filed its termination petition. Id. at 42. Father claims that
he initiated mental health services in 2019 but concedes he did not complete
them. Id. Father re-engaged in services in 2022, had scheduling conflicts
which prevented him from completing counseling before the termination
petition was filed, but he ultimately resumed counseling and treatment after
the petition was filed. Id. Finally, Father argues that the trial court engrafted
an impermissible legal burden on him when it stated, “[the c]ourt looked for
any statement of Father that he wished for reunification with his son or wished
to care for his son and found none.” Id. at 43, citing Trial Court Opinion,
1/10/2023, at 29 n.28.
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Here, initially we note that the trial court carefully considered all of the
court-ordered services Father completed prior to the filing of the termination
petition. In fact, in its opinion, the trial court specifically noted that at the
time the Agency filed its termination petition, Father completed some services,
including batterer’s intervention counseling, parenting education, drug and
alcohol treatment, and maintained stable housing. See Trial Court Opinion,
1/10/2023, at 1 n.2, 2 n.3, and 8-9. However, despite completing drug and
alcohol counseling, the trial court noted that Father later tested positive for
marijuana and methadone, and routinely missed scheduled drug tests;
therefore, the Agency could not confirm his sobriety. Id. at 17-19. While
Father eventually completed batterer’s intervention counseling on January 24,
2022, at the December 14, 2021 review hearing, “due to ongoing domestic
violence concerns, which were amplified with Mother and Father seeing or
running into each other before and/or after [supervised] visits [with Child],
the [trial c]ourt directed that neither party could arrive or stay in the vicinity
… for more than ten (10) minutes.” Id. at 8. Thus, while participating in
batterer’s counseling, Father continued to engage in domestic disputes with
Mother and, accordingly, it was proper for the trial court to consider.
Furthermore, it is uncontested that Father was unsuccessfully discharged from
initially implemented mental health services and had not completed
counseling and treatment at the time of the termination hearing. Id. at 18-19.
The trial court ultimately determined that “Father allowed others to provide
for his Child’s basic needs, while he provided excuses for his non-performance,
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and inconsistent and/or absent compliance with services designed to support
his ability to reunify.” Id. at 37; see also id. at 40-41 (“Father’s history
supports periods of compliance, followed by periods of non-compliance and
inconsistency [related] to Father’s mental health, substance use, testing and
treatment, and domestic violence history.”). The trial court opined that Father
“waited until [] Child was over a year old and developing a strong bond with
Maternal Grandparents before addressing the lion’s share of issues bringing
J.D. into [the Agency’s] care.” Id. at 40. The trial court further found that
“[w]hile Father waited to participate in services, succumbed to barriers for
completion and by his own testimony, prioritized his marriage and
employment over his relationship with [C]hild, [] Child was being care for by
others.” Id. Finally, regarding Father’s argument that the trial court imposed
an impermissible legal burden on him, the trial court merely noted that Father,
by his own testimony, seemed more concerned with maintaining visitation,
spending more time with Child, and fostering relationships with Father’s family
than actual reunification. Id. at 28-29. Moreover, the trial court noted that
it looked for affirmation from Father that he wished for reunification, but
clearly stated that “[w]hile not determinative of the outcome, [the trial c]ourt
found the absence of a more direct request for reunification curious.” Id. at
29 n.28. As such, we do not believe the trial court engrafted an impermissible
burden upon Father at the termination hearing.
Based upon a review of the certified record, the parties' appellate briefs,
the trial court's opinion, and applicable law, we find that the trial court
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thoroughly and accurately addressed the merits of Father’s appellate issues in
its opinion. In its 48-page opinion, the trial court thoughtfully summarized
the testimony of the 12 witnesses and the 26 exhibits presented at the
termination hearings and carefully applied the evidence to each alleged
subsection under 23 Pa.C.S.A. §§ 2511(a) and (b). Consequently, we affirm
on the basis of the trial court opinion and adopt it as our own. The parties are
instructed to attach a copy of the trial court's January 10, 2023 opinion to all
future filings regarding this appeal.
Order affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 9/12/2023
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3:40:54 PMCirculated
Received 5/12/2023 3.40.54 Superior
Superior Court Wester
09/05/2023 03:09
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157 WDA 2023
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHAN'S COURT
ORPHAN'S COURT DIVISION
DIVISION
IN RE: )
)
)
Adoption of:
Adoption of: )
)
Judah
Judah Jacorey James Dungee
Jacorey Jares Dungee ) No. 63-22-0184
a/k/a
a/k/ha Judah Dungee
Dungee )
)
DOB: 10/21/2020 )
A Minor Child.
A )
AMENDED
AMENDED OPINION and
OPINION ad ORDER OF COURT
ORDER OF COURT
Before the Court is the Petition of the Washington
Washington County
County Children
Children and
and Youth Social
Service
Service Agency
Agency (hereinafter Agency") for the Involuntary Termination of Parental Rights
(hereinafter "the Agency") Rights of
Sean Dungee II
H (hereinafter "Father') to
(hereinafter "Father") minor child,
to minor J.D. (hereinafter
child, J.D. (hereinafter J.D. and/or
and/or "Child" and/or
Child").
"Minor Cil").' I
The Petition
The Petition for Termination of Parental
Termination of Parental Rights
Rights (hereinafter "Petition" and/or
(hereinafter "Petition" and/or "TPR")
"TPR'I
was filed by
was by the
the Agency on February 1,
Agency on I, 2022, alleging multiple
multiple grounds
grounds under
under the Adoption Act
the Adoption Act
of 1980,
of Sections 2511(a)1),
1980, Sections 251 l(a)(1), (a)(2),
(a)X2), (a)(5), (a)(8) and
(a)65), (a)(8) and (b).
(b). In support
support of
of the
the Petition,
Petition, the
Agency alleges that Father has
Agency alleges has not complied with the Dependency
Dependency Court
Court permanency
permanency plan
plan goals
goals
and further
and alleges that
further alleges that he: ((1)
1) was not
not consistent
consistent with
with reoccurring
reoccurring mental health treatment
mental health and
treatment and
was unsuccessfully discharged;
discharged; (2)
(2) has not obtained and maintained safe and stable housing;
housing'; (3)
(3)
Mother, Angela
Mother, Dungee executed
Angela Dungee executed a termination of parental
a voluntary termination rights and
parental nights and consent toto adoption
adoption at the oset
at the outset of
the hearing. Following an
the hearing oral colloquy
an oral colloquy in open courted
court and acceptance
acceptance as
as a
a voluntary, knowing and
voluntary,knowing willful action,
ad willful action,
the
the Court accepted
accepted the request granted aavoluntary termination of parental
request and granted parental rights
rights as
as to
to Mother.
1It is uncontested that as of the hearing
tis bearing date
date on the petition for
for Termination of Parental Rights,
Rights, Father has obtained
safe and stable housing.
housing
A-1
A-L
:4
•
has not completed batterer's intervention;;
intervention; and
and (4)
(4) based on a
a psychological
psychological evaluation,
evaluation, faces
significant challenges with
with parenting
parenting with his current mental health diagnosis.
A
A hearing on
on the Agency's
Agency's petition
petition commenced
commenced on
on September
September 6, 2022, continued on
6, 2022, on
September 19, 2022, and concluded on October 5, 2022. Prior to the hearing
hearing on the TPR Petition,
Mother, Angela
Angela Dungee, requested, and
and the Agency
Agency consented
consented to modify
modify the Petition to
to aa
Voluntary Termination as to
to Mother. This action was completed
completed on September
September 6, 2022.
A
A history of the
history of dependency matter
the dependency matter assists
assists in
in the
the analysis
analysis of
of the Agency's request.
the Agency's request.
Case
Case Factual
Factual and Procedural Historv:
and Procedural History:
Minor Child, J.D. was born on October 21, 2020, to married parents
parents Angela and Sean
Angela and
Dungee, both of whom
whom are listed on the certificate. On January 4, 2021, the Minor Child
the birth certificate.
was taken into care of the Agency through an Emergency Verbal Order granted
granted in response to a
a
report
report of concerns. The report
of safety concems. report set
set forth
forth the
the following
following facts
facts in
in support
support of the need for
for
dependency:
•• The
The child is "without proper
is "without parental care or
proper parental or control, subsistence, education as
as required
required
by law,
law, or other care or control necessary
necx ary for his/her physical, mental or emotional
health, or morals; aadetermination that there
there is aalack of proper
proper parental
parental care or control
may be based upon evidence of conduct by
by the parent,
parent, guardian
guardian or custodian that
that places
places
the health, safety or welfare of the Child at
at risk, including
including evidence of the parent's,
parent's,
guardian or other
other custodian's use of alcohol or aacontrolled substance that places
places the
health, safety or welfare of the
health, safety the Child at risk."
3It
tisis uncontested that
that as of the hearing date
date on the petition for Termination
Termination of Parental Rights, Father
Parental lights, Father has
completedd batterer's intervention counseling.
omplet counseling
Page l2of 48
•
In
In summary, I.D.
J.D. was
was taken
taken into
into custody due to lack of proper
proper parental
parental care or control,
Mother and
supported by concerns with Mother and Father's substance use,
use, ongoing domestic violence
concerns and
and lack of stable housing. The petition contained the following
following allegations:
allegations:
o Mother and Father both have aacriminal history and Father was incarcerated at the
o
time of the dependency
time petition.
dependency petition.
o Minor Child was taken
o taken to the hospital
to the hospital on
on January
January 2, 2021,
2021, for
for respiratory
respiratory
concerns. During the Child's assessment, Mother leftleft the
the Minor Child
Child at the
hospital
hospital with a
a friend.
oo It was reported
ltwas reported that
that there
there was suspected
suspected domestic
domestic violence
violence between Mother and
Father and that
that their
their housing
housing was unstable, which was confirmed
confirmed by
by Mother.
o Mother reported to the Caseworker that there
o Mother there was ongoing
ongoing domestic violence
violence
between herself and
and Father and that there was an incident as recently
recently as six
six (6)
(6)
days before the
the minor child was brought to hospital. When asked, Father
to the hospital.
reported that
reported that Mother's mental health them to
health issues cause them to fight.
fight.
o Mother failed
o to have
filed to have aaplan
plan to keep herself
to keep herself and
and the minor child
child safe refused
safe and refused
to go to
to to aadomestic violence shelter. Mother encouraged
encouraged the
the Caseworker to
to call
for a
for a verbal order
order as at
"at least she would
would then
then know that
that her son was safe."
safe."
oo Mother
Mother tested positive for marijuana, which she reported
reported was prescribed,
prescribed, and
benzodiazepines. She stated that she illegally
illegally purchased
purchased Xanax.
oo Father left the hospital
hospital when asked
asked to
to drug
drug test.
test.
o
o Mother
Mother and Father
Father reported unstable housing.
reported unstable housing.
With
With agreement of both parents,
parents, aaShelter Care petition
petition was
was granted
granted following
following hearing
hearing on
on
January 4, 2021, wherein Minor Child was
was placed
placed with maternal
rateral grandparents
grandparents James and Jamie
Chambers. The Court Order notes "J.D. is diagnosed with
notes that "I.D. laryngomalacia and
with laryngomalacia and
tracheomalacia, having undergone two
tracheomalacia, surgeries since
two surgeries since birth." The
The Order
Order states
states further, "Minor
further, "Minor
Child is
is followed by Children's Hospital
followed by Hospital ENT and Cardiology."
ENT and Cardiology." At the Shelter
Shelter proceeding,
proceeding,
parents were granted
parents were granted supervised
supervised visitation, subject to
visitation, subject to then
then enacted COVID
COVID restrictions.
restrictions.
Page 3
3of 48
48
On January 15,2021,
On January 15, 2021, Minor Child
Child J.D. adjudicated dependent
JD. was adjudicated dependent with placement
with placement
remaining with maternal grandparents.
remaining with grandparents. Through
Through the adjudication
adjudication Order, Father
Father was to:
to:
• Complete drug and
Complete drug and alcohol
alcohol testing
testing twice monthly, upon random selection
monthly, upon selection or
or reasonable
reasonable
suspicion of intoxication or impairment;
impairment;4
• Complete drug && alcohol treatment and
and follow through with all recommendations;
through with
• Complete
Complete mental health treatment
mental health treatment and
and follow
follow through
through with all recommendations;
with all
•• Obtain and maintain
Obtain and maintain safe
safe and
and stable
stable housing;
housing;
•• Complete
Complete batterer's
batterer's intervention
intervention through an appropriate
through an provider and
appropriate provider and follow
follow through with
through with
all
all recommendations;
recommendations;
• Follow the rules and
and regulations
regulations of State
State Parole;
•• Attend Parenting Education;
Attend Parenting Education;
• Sign all
all releases requested by the Agency;
releases requested Agency;
Father
Father was permitted
permitted visitation with
with the minor child
the minor child at the
the Blueprints Visitation House
House or
other Agency
Agency approved location,
location, supervised by James Chambers
Chambers (maternal grandfather), three
(maternal grandfather), three
(3) times aaweek
week for two
two (2)
Q2) hours each visit. No other
other friends
friends or relatives were permitted
permitted to
supervise visitation. Ordered visits
visits contained
contained the express condition that,
that, Mr. Chambers
Chambers may
terminate a
a visit if it appears that Father is under the influence and/or behaves in aadisruptive
manners
manner.°
By
By order
order dated, March
March 24, 2021, an Order
Order for paternity
paternity testing
testing was granted
granted as
as to
to Father
for purposes of confirming paternity
paternity of JD..
J.D..
Noted
4Noted that Father was also testing through services. If he was
through federal pre-trial services. was called to be tested by two (2)
by two (2) or
more agencies
agencies for random testing within a
for random atwenty-four
twenty-four (24)
(24) hour period, Father
Father was permitted to present
permitted to present written
proof
proof of negative results
of negative results to
to the Agency in
the Agency in lieu
lieu of re-testing.
of re-testing.
sAs aresult of acceptance
Asa acceptance of
of Mother's voluntary, this Opinion
Mother's voluntary, Opinion will not
not review Court ordered services for Mother.
Page 4
4 of 48
•
A permanency review
A review hearing
hearing was held via
was held via TEAMS
TEAMS on Tuesday,
Tuesday, May 4, 2021,
May 4, 2021, and both
both
Father and his attorney attended. Father was found to be minimally
attorney attended. minimally compliant with the
permanency plan and to have made minimal progress toward
toward alleviating
alleviating the circumstances which
necessitated the original placement.
placement. Specifically, Father
Father had completed aadrug
drug and alcohol
and no further
evaluation and recommended .6 He was also actively engaged in
further treatment was recommended.
Batterer's Intervention Counseling and Blueprints
Counseling and Blueprints parenting education. It
parenting education. It was reported
reported that
Father had strong
strong initial participation
participation which became spotty
spotty as the review period
period went
went on.
Additionally, Father reported
reported that
that his participation
participation decline was resultant of aacar accident and
and
destruction of his cellphone
ceIlphone used
used for telehealth.
telehealth. Interestingly
Interestingly enough,
enough, Maternal
Matera Grandfather
reported that
that the
the accident occurred when
accident occurred when Father driving without
Father was driving without aalicense.
license. There was also an
was also
incident during this review period where a
this review a potential domestic
domestic incident
incident between Mother and
Father resulted in police being called.
called. The Minor Child was reported
reported to be doing
doing well in the
kinship caregivers' home. Father's court
court ordered services remained the same as the
the initial
permanency order.
On May
On May 11, the Agency
11, 2021, the reported through
Agency reported through filed status report
filed status report that they were notified
that they
that Sean Dungee
that Father, Sean Dungee and Mother, Angela
Angela (Chambers)
(Chambers) Dungee,
Dungee, were involved in a
a physical
physical
domestic incident. The Agency spoke with State Trooper Samuael
Samuael Apke reported to aa
Apke who reported
verbal domestic occurring in aaparking lot down the street
parking lot street from the
the home
home of Father and Mother.
Said status
status report indicated that during the incident Mother, Angela
Angela Chambers Dungee
Dungee punched
punched
Dungee, in the face.
Father, Sean Dungee,
Despite such recommendation,
Despite
6 reco mendation, the Dependency Court continued to order drug treatment.
drug and alcohol treatment
Page 55of 48
Ii-
'
It
On May 12, 2021
On 202l a
a protection from
from abuse temporary order
order was granted
granted on behalf of
Angela Dungee against
Angela Dungee against Sean
Sean Dungee
Dungee.' 7
On July 14, 2021, aamotion to suspend visitation was filed by the Agency and
On and signed
signed by
this Court. The Motion was filed as a
a result of the caregivers and maternal grandparents
grandparents
requesting to no longer supervise visitation between Father and the Minor
requesting to Minor Child
Child due
due to
to
Protection from Abuse Orders
Orders cross-filed by
by Mother and
and Father and
and naming one another as
defendants. Visits were then scheduled between Father and child at a
a visit
visit facility. Father failed
failed
to confirm four
four (4)
(4) visits at the facility. Upon
the visit facility. Upon motion of the
the Agency,
Agency, visits
visits were suspended
pending
pending confirmation of
of paternity.
paternity. By order of July
order of July 22, 2021, this
this request was withdrawn
withdrawn and
and
visitation for
for Father
Father was
was reinstated.
reinstated
On
On July 26, 202I,
2021, the
the Agency filed
filed another Motion to
to decrease Father's visitation based
based
on Father's failure to violence. The Motion
to confirm visits and continued concerns with domestic violence,
of the Agency to
the Agency decrease visitation
to decrease visitation included
included the
the following allegations:
• Mr.
Mr. James and Jaime Chambers do
and Ms. Jaime do not feel
feel comfortable supervising
supervising
visits,
visits, as there are current Protection from Abuse Orders between Mr. and
Mrs. Dungee
Mrs. that have
Dungee that granted until September, 2022. A
have been granted A visitation
visitation
referral was completed
completed and and Agency
Agency caseworkers were supervising visits visits
until Blueprints had staff available to to accommodate Mr. Dungee's
schedule.
schedule.
•• On July 7, 2021,
2021, Mr.
Mr. Dungee did did not
not confirm his fourth consecutive
scheduled visit. The
scheduled The Agency
Agency caseworker,
caseworker, Ms. Eisengart,
Eisengart, was unable
unable to
contact W.
contact Mr. Dungee.
• In addition, there
there continues
continues to be domestic violence concerns. The The most
recent
recent allegation arises at MJ-27201-CR
arises at 0000185-2021 Commonwealth
M-27201-CR-0000185-2021 Commonwealth
of Pennsylvania
of Pennsylvania vs. vs. Sean
Sean L.L. Dungee IIH (Filed 7/15/2021). The
(Filed 7/15/2021). The Affidavit of of
Probable
Probable Cause states, inter. AHa.
Cause states, Alia. "Angela
"Angela Dungee stated that she was in
stated that in
the
the passenger seat
seat of
of Toi Burgess's
Burgess's vehicle
vehicle when
when Sean
Sean L. Dungee
Dungee
approached
approached her on foot and struck her in the face with a
with a closed fist, spit
upon
upon her person, and and sprayed her with pepper spray." The The Affidavit goes
Order was later modified to
order
7 to include Minor Child but record is absent
absent reference to
to when such modification was
completed. Later orders also indicate that protection
protection from abuse orders were fled
filed on Father, Sean
Sen Dungee's behalf
and against Mother, Angela
Angela Dungee. In other words, both parties were granted protection orders against the other.
Page 6 49
6 of 48
•
on to allege
on to "Angela Dungee
allege "Angela was being treated
Dungee was treated for
for the
the effects of the
effects of
pepper spray
spray and
and Officer O'Rourke and
Officer O'Rourke and IIdid
did observe
observe Angela
Angela Dungee's
Dungee's
face and hands
face and hands to
to be
be red and
and irritated
irritated. Two witnesses did
Two witnesses did observe this
observe this
incident and corroborated Angela
Angela Dungee's recollection of the events."
The
The docket indicates that Sean L. Dungee
Dungee II was charged with simple
assault and harassment.
See status report with attachedpolice criminal complaint accepted
accepted with dependency
dependency record at
CYS Exhibit 5.
S.
order dated
By order dated July 30, 2021, Father's visitation was modified to
to supervised visitation
at the Blueprints Visitation House, or other Agency
at Agency approved location,
location, supervised
supervised by
by an Agency
Agency
approved person, one time a
a week for two hours in
in duration, with permission to expand
expand after
Father participated in three consecutive visits.
The next
The next permanency review
review hearing held before
hearing was held before this Court on
this Court on August
August 17,
I7, 2021.
2021.
Father was determined
determined to
to have
have minimal compliance and
and to
to have made no
no progress
progress toward
toward
alleviating the circumstances
alleviating the circumstances which necessitated
necessitated the initial placement. Father
Father was granted
was granted
visitation at an Agency-approved
Agency-approved location, supervised
supervised by an Agency
Agency approved person, one
one (1)
(1)
time
time per week
week for two (2)
for two (2) hours with
with permission
permission to expand if Father participated
to expand in three
participated in three (3)
(3)
consecutive
consecutive visits. Father's Court Ordered services remained
Father's Court remained the
the same except for the additional
same except additional
requirement driecting
directing Father
Father to follow
follow the recommendation of Dr. Crabtree's
recommendation of Crabtree's evaluation.
evaluation. At
At the
the
time of the
time of the August
August 2021
202I hearing,
hearing, the
the Minor Child was in placement
Minor Child for seven
placement for seven (7) months and
(7) months and
continued to be
continued be placed
placed with Maternal Grandparents.
with Maternal Grandparents.
The Minor Child was in placement for eleven 11) months at the time of the next permanency
eleven ((II)
review hearing, on December
December 14, 2021. Father was found
found to have minimal compliance with the
permanency plan,
plan, as aaresult of attending visitation and
and obtaining housing. However, it
obtaining housing. it was
was
Page 7
Page of 48
7of 48
'
specifically noted that Father had
that Father had not for drug
not appeared for drug and
and alcohol screenings or mental health
alcohol screenings
treatment. Father was found to
treatment. to have no progress. Father's
have no Father's visitation
visitation remained the same,
remained the
however, due to ongoing
ongoing domestic violence concerns, which were amplified with Mother and
Father seeing or running into one another before and/or after visits, the Court directed that
neither party
party could
could arrive or stay in the
the vicinity
vicinity of the building,
building, including
including the
the building itself,
itself,
outside
outside perimeter and parking
perimeter and lot, for
parking lot, for more
more than
than ten
ten ((10)
10) minutes. Father's
Father's ordered
ordered services
services
stayed the
the same, but
but he was also
also ordered to participate
ordered to participate in a
a Bonding Assessment, as arranged
arranged by
by
the Agency,
the Agency. CYS was ordered
ordered to assist
assist both parents
parents with transportation, upon request and
request and
advance notice from parents. Both parents also ordered
parents were also ordered to
to engage in TPR and
And PACA
Counseling."
Counseling!
On the 12
12 1'
of April
April 2022, the final permanency
the final permanency review hearing
hearing before the TPR
TPR hearing
hearing was
held.
held. Father was to be
was found to be in
in moderate compliance with
moderate compliance the permanency
with the permanency plan
plan and
and to
to have
have
made minimal progress toward alleviating the circumstances which necessitated the initial
placement. At the
the time of the hearing,
time of hearing, the
the Agency
Agency had
had filed petition to
filed the petition to terminate parental
parental
rights with an original hearing
bearing date
date of June 2, 2022.
at the
Testimony at the hearing
hearing included information that
that Father completed batterer's intervention
counseling on January 24, 2022,
2022,"9had earlier completed parenting
parenting education on June 22, 2021,
Te
8 The specific
specific order
order for Termination
Termination of Parental Rights
of Parental and Post Adoption
Rights and Adoption Contact counseling is insightful
Contact counseling because it
insightful because it
appears in the
the record,
record, parents
parents were
were on notice that the Agency
notice that Agency and Court had begun
begun focus on the concurrent
concurrent
=
permanencyplof
As admitted
9 As
goal of�
admitted as
A CYS
adoption.
Please
He has
L
11, Ms. Vozar
CY'S Exhibit 11,Ms.
Please be advised
advised that
writes:
Voar writes
that Mr. Dungee
Dungee completed
completed the PA
ha positive attendance and participation and derorstred
recommended
recommended Mr. Dungee continue follow up with CYSas
Health Services
PA Professional Heath Services BIP
CYS as well as refer to a
substance abuse counselor should it become necessary. Letter of ofJanuary
program.
BIP program.
demonstrated no issues or concerns. It is
amental heath
Janumy 24, 2022
2022.
health or
Page 8
Page 8of
of 48
48
•
It
and completed
and completed drug and alcohol
drug and alcohol treatment."
treatment. °Father was compliant
Father was compliant with
t with parole
parole and
and maintained
maintained
safe and
safe and stable housing.
housing. No information was presented
presented regarding Father's mental health
health
treatment.
treatment. The Court
Court Order from the April 12
121'hearing kept
kept Father's court ordered services the
same and
and requested updated evaluations and TPR and Post Adoption Counseling
Counseling for
for Father.
Dr. Michael Crabtree
Crabtree testified at
at the hearing regarding
regarding interactions he
be witnessed between
Father and
and the Minor
Minor Child and
and stated
stated that while
while the Minor
Minor Child seems bonded to Father, his
bonded to his
primary
primary attachment
attachment is
is with
with maternal grandparents. Dr.
maternal grandparents. Dr. Crabtree
Crabtree stated
stated that increased visitation
that increased visitation
with Father would
with would not negatively impact
impact the child, so long
long as this visitation did not impact
impaet
his bond
his bond with maternal
maternal grandparents. permitted visitation with the Minor Child
grandparents. Father was permitted Child
one ((I)
one 1) time
time per week
week for
for two
two (2) at an Agency approved
(2) hours at approved location supervised by
location supervised by an
an
Agency approved person.
Agency approved person. He was
was also
also permitted
permitted to
to have
have three
three (3)
(3) additional
additional visits
visits per
per month for
for
three (3) hours each, as could
three could be arranged and supervised
supervised by
by the
the Agency.
Agency.
Testimony
provided
Testimoay provided at at
TerMination of
Termination ofParental
Parental Rights
Rights hearings:
hearings:
This Court
This Court conducted
conducted aahearing on
on the
the TPR Petition that involved
involved three
three (3)
(3) full
full
days of testimony from
from eleven
eleven (11)
(1l) witnesses as summarized herein. Additionally,
Additionally, at
at the
see
1° See letter of March 23, 2022 from Allied Addiction Recovery
Recovery (AAR)
(AA.R) indicating that Sean Dungee
Dungee is currently
currently
enrolled in treatment with an intake appointment on February 3,2022 3, 2022 with
with arecommendation
recom dation of weekly
weekly outpatient
outpatient
group therapy. The letter continues:
group therapy,
He attends
attends weekly evening
evening appointments without atte attendance
dance issues. Sean attended group group therapy
therapy
of 219,2/16,2t23,3/2,3/9,
29,2/16, 2/23,302, 39,and and 3/16022.
3/1682. He He bas
has remained
rerained engaged
engaged with
with treatment
treatment and in
and in
appropriate urinalysis
compliance with the program. Sean provided appropriate urinalysis profiles
profiles weekly,
weekly, with no
evidence of relapse or illicit substance use. He expresses understanding of the harmful effects of
substance use
substance use for
for families and communities. At
families and At this time, Sean
this time, has made
Sean has positive progress
made positive progress inin
treatment. Letter of
treatment. ofMarch 3,3. 2022
2022.
A second AAR letter was also submitted dated June
A Jure 22, 2022, indicating:
indicating
This letter is being
being written to verify hat
that Sean Dungee
Dungee is currently
currently enrolled in treatment
treatment atat Allied
Addiction
Addiction Recovery,
Recovery, LLC. He He attended
attended an
an intake
intake appointment
ppoi t on
on 2/782
27/22 andand was recommended
recorr vended
to participate in outpatient group
in weekly owtpatient group therapy sessions.
. Sean has attended a a total of 13 grop
group
tree individual therapy sessions and his intake assessment. His
therapy sessions in addition to three t.
attendance adand participation in treatment have been good good. Sean
Sen bashas made positive
positive progress
progress in
treatment.
treatment. HeHe provided
provided weekly
weekly urine
urine samples,
samples, and allell results of his urinalysis
of bis urinalysis testing
testing were
appropriate. Sea
Sean is scheduled to to successfully treatment on 6/27/22 following
successfully complete treatment following his final
final
individual therapy appointment as long
individual long as he maintains his current
current status and compliance with
treatment. Letter of ofJrme 2022.
hue 22, 2022
Page 99of 48
•
conclusion of the hearing,
bearing, counsel for Father, the Agency
Agency Solicitor, and child counsel provided
provided
findings of fact
fact and conclusions of law.
The first
first hearing date
date was August 31, 2022. At the commencement of the hearing, Mother,
Angela Dungee, requested with consent of all parties, to amend the
Angela the termination petition filed
against
against her to aavoluntary agreement. Following oral colloquy and submission of an Agreement
to
to Terminate and Submission of
Terminate and Colloquy, Mother's
of an Oral Colloquy, request was granted.
Mother's request granted.
1)
D Kathryn
Davis,
KathrynDavis, Pre-licensed Marriage &.
Rre-licensed Marriage & Family therapist:
Family therapist:
Testimony was received vis
via telephone
telephone from Kathryn
Kathryn Davis of Christian Counseling
Counseling
family therapist
Associates. Davis testified that she is a "Pre-licensed" marriage and family therapist who is
currently under the
currently the supervision of another person. Davis testified that Father, Sean
Sean Dungee, has
Dungee, has
been
been her client as of January 31, 2022. Notably, this is over one
one ((D)
1) year after Dungee
Dungee was
originally ordered to complete such service.''
service." This statement
statement is also
also inconsistent
inconsistent with Davis's
later testimony that her
later testimony "initial assessment"
her initial assessment" of
of Dungee
Dungee was on
on February
February 7,2022.
7,2022.12 According
According
to
to Davis, she engaged
engaged in
in weekly on-line therapy sessions
weekly on-line sessions with Father
Father for, "adjustment
"adjustment disorder,
disorder,
anxiety and depression." Ms. Davis
Davis indicated her treatment plan was based on information self-
self-
reported by Father and further indicated that she was unaware of the evaluation conducted with
Dr. Crabtree and
Dr. Crabtree and his
his and/or
and/or specific court recommendations
specific court recommendations for
for Father.
Davis indicated that her
her initial assessment with Father was on February 7, 2022 with the
initial assessment
presenting problem
presenting problem provided
provided by Father as Anxiety,
by Father Anxiety, PTSD, and Bi-Polar disorder.
disorder. Father
""pavis
11 Davis indicated that
that she graduated with a
she graduated a master's degree
degree and under supervision
and is under supervision of a licensed therapist,
a licensed therapist, which
for aspecific umber
is required for number of hours prior to being licensed
licensed.
12 The dates provided by Davis are important in this
"The this Court's consideration of whether Dungee's initial participation
occurred pre and/or post
occurred poet TPR petition filing. It
l appears that Davis carefully utilized the date of January 31, 2022 in
stating
stating that is when Dungee became her client,
is when client, however, by her own testimony,
however, by testimony, her initial assessment was not until
two
two (2) weeks later and following the filing of the TPR petition.
( weels petition. .,
Page 10 of 48
•
indicated to
indicated to Davis
Davis that
that his anxiety and
his anxiety and depression
depression were
were related
related to legal and
to legal and parenting
parenting issues.
issues.
Father's last
last session with Davis occurred on May 18, 2022. When asked why
with Davis why Father was no
longer aaclient, Davis indicated that continuing therapy is her
her "client's prerogative" and Father
chose to
to be discharged. Davis continued that
be discharged. that when
when Father with her,
Father attended therapy with her, he did
did so
regularly and consistently.
Davis provided additional details
Davis provided details when
when questioned by
by Father's counsel.
counsel. Davis
Davis continued
continued
that Father
that Father was cooperative in
in sessions and
and noted that
that she
she found him "open
found him and honest."
"open and Davis
honest," Davis
said that Father
said made progress in
Father made in increasing his "self
"self worth and managing anxiety."
and with managing She
anxiety." She
testified hrther
further that Father
Father "progressed in aapositive way and was receptive to the on-line
therapy,"
therapy," successfully moving
moving through
through long and
and short term goals.
short term goals. When asked further detail,
asked for further detail,
Davis testified
testified that
that Father progressed with her assessment tool in his anxiety, starting at
at an 1
lHI
and ending with aa1.
and A similar tool used by
I. A by Davis regarding Father's depression showed an
improvement from a
improvement from a10
I0 at the
the beginning
beginning to a
a 1.1.''
13 discharged as aaresult of his
Father was discharged
completion of
completion of long and
and short
short term
term goals, however,
however, Davis indicated that
Davis indicated his goals
that his goals and
and her
her
conclusions were based
based entirely on the information that
that Father provided. Davis acknowledged
that her
that her treatment plan would
treatment plan be different
would be different if
if she had been provided
had been provided the report of
the report of Dr. Crabtree
Crabtree or
or
was presented at
at the
the assessment with
with concerns of agoraphobia
agoraphobia and/or cannabis
cannabis disorder. Davis
acknowledged she
she does
does not treat P'TSD,
not treat PTSD, cannabis
cannabis use
use disorder,
disorder, alcohol
alcohol problems, bi-polar and/or
problems, bi-polar and/or
agoraphobia. 14 Additionally,
agoraphobia." Additionally, Davis acknowledged awareness of Father's
Father's treatment
treatment with
Southwestern Pennsylvania
Pennsylvania Human Services
Services (SPHS), request, receive,
(SPHS), but did not request, receive, and/or review
review
information and/or records from the provider.
Davis referred
pavis
13 referred to
toaareport,
report, however
however a report was
a report was not introduced
introduced at the bearing
at the hearing and not of
and is not record.
of record
AAll of which are included in
14 in Father's mental health history as discussed herein,
bealth bistory herein.
Page 11 of
of 48
Davis had no contact with the
the Agency
Agency during
during her
her treatment of
of Father.
Father. She
She testified
testified that
that
in July of this year, after her closure of Dungee's case, she had contact with Caseworker Paige
Eisengart one ((I)
Eisengart approximately one 1) or two
two (2)
(2) times. Davis also
also indicated
indicated that
that she received a
a signed
signed
release of
release information in June
of information of 2022
June of 2022 and
and aareport
report was sent to
to the
the Agency at
at the
the beginning
beginning of
August.
August.
2) Pr.
2) Dr. Michael Crabtree- Expert
Michael Crabtree- in
Expert in Forensic Psychology
Psychology
After being qualified by consent as an expert
expert in forensic psychology,
psychology, Dr. Crabtree
Crabtree
provided testimony regarding
provided regarding his various evaluations
his various evaluations with Dungee.
Dungee. Dr. Crabtree's
Crabtree's initial
initial
evaluation and
evaluation and assessment
assessment of
of Dungee occurred on
Dungee occurred May 18,
on May 2021. Following
18,2021. Following aabattery of tests
battery of tests
and
and assessments, Crabtree identified
assessments, Crabtree identified anxiety,
anxiety, paranoia, panic, cannabis
paranoias, panic, cannabis and alcohol disorder
and alcohol disorder with
with
Dungee. His report
Dungee. of May 18, 2021 entered as Exhibit 6
report of 6 collective, notes aadiagnosis
diagnosis of
of
Cannabis Use Disorder Mild,
Mild, Alcohol Use Disorder Moderate, Generalized Anxiety Disorder
Anxiety Disorder
and Agoraphobia with Panic Disorder. See
with Panic See Report Pg. 9.
Report at Pg. Crabtree indicated
9. Crabtree indicated that the anxiety
that the anxiety
and panic
and panic would be responsive
would be responsive to
to treatment,
treatment, but
but thought
thought the cannabis and
the cannabis alcohol findings
and alcohol findings would
would
have
have a
a significant
significant impact
impact on
on Father's ability to
Father's ability to parent. Crabtree
Crabtree recommended that Father
recommended that
continue ongoing
ongoing therapy and treatment through SPHS with
with mental health and
and drug
drag and
alcohol services. s t
1s Crabtree noted frustration
Cmbtree access to
frustration in not having aooess to the
the records of Christian Counseling.
Counseling. Crabtree
Crabtree was present
present for
for
the testimony of pre-
the licensed therapist Davis.
pre-licensed Davis.
Crabtree's report
report indicates the following:
following
... of great
.of great interest regarding
regarding the
the test results
results is the
the fact
fet that
that Mr. Dungee
Dungee has some difficulty thinking
sotne difficulty thinking through
through
situations arriving at
situations and arriving at rational conclusions (a
ratiooal conclusions (a so-called Thought Disorder).
Disorder). He
He also experiences
experiences significant
significant social
detachment
detac hment from others and has has sahigh level of paranoia
paranoia being
being hypervigilant
hypervigilant and feeling
feeling he is always being
ahways being
Page 12 of 48
'
Crabtree testified that he made multiple attempts
attempts to
to obtain the records of Christian
Counseling Services and failed. Crabtree opined that the therapy that Father received from
Christian Counseling was insufficient and failed to comply with his recommendations. Crabtree
noted fiuther
further concerns that the counseling did not
not address the areas of concern that his
assessment most significant.
assessment found most
Dr. Crabtree next completed an interactional evaluation between the Minor Child and
Father on January 21, 2022, this evaluation was provided by
by report dated February
report dated February 23, 2022.
This report, also part of collective Exhibit 6
6 indicates in conclusion, "Father showed good
good
parenting skills as he worked with his son. The conclusion is that there is a
a bonded relationship
between the father and son." Page S
Sofreport. No testimony
testimony was
was presented regarding
regarding the
January evaluation.
Dr. Crabtree completed an updated
updated evaluation with Father on June 14, 2022. Through
Through
the report
report dated June 23, 2022, Dr. Crabtree states the following
following in conclusions and
recommendations:
recommendations:
Since the evaluator last met with Mr. Dungee, he has continued to lead aa
responsible life. He has changed employers,
employers, and he
he reports
reports himself to
to be
be getting
getting
persecuted and
persecuted having asahigh
and having high degree of resentment.
degree of n The test
oment. The results combined
test results. with his
bled w.lth his. existing
stbg mental
metal health
hea.ht
diagnosis
dlagosl atat SPHS, The Care
SPAS, fie Care Center
Center suggest
suggest aslgfloat
signleant challenge
a challengefor his ability io
his ablllry to effectively
effectively parent.
parent.
It is recommended
re oimmended that he be required to attend at the rate
rate suggested by SPHS, The Care Center for mental health
suggested by
services
ervices and that he have substance abuse
abuse treatment
treatment services in addition.
W.
Mr. Dungee
Dungee does not appear
does not appear to have been
to have actively involved
been actively the parenting
involved in the parenting of his older
of bis older children. The three
children. The mothers
three mother
of these four
of these four children have taken primary responsibility
responsibility for raising
raising the Therefore, he may
the children. Therefore, need instruction
may need instn ztion
in
in parenting to provide
parenting skills to effective care
provide effective care for
for his son.
Of great
great concern
concern for thethe Agency
Agency in putting together
in putting together a long-term plan
a long-ten plan for Mr.
Mr. Dungee's involvement with
Dungee's involvement with his son is
his son is
not only his
not bis criminal history
history but
but also
also potential
potential future
fare incarceration. His criminal history
history is listed above on
listed above on page
page 9 9of
of
this report.
this report It is the
'tie the evaluator's
evaluator's understanding
understanding thatthat when the most
when the most recent charges are
recent charges adjudicated, he
are adjudicated he may
nay be serving
beservj
a very long
a long sentence in insastate
state or federal prison
prison (Note
(Note of Opinion-It is noted that Mr. Dungee
Opinion-It is Dungee was sentenced
sett d to time
to tine
served with probation) It would be important for the the needs of the child that there be some understanding
understanding of whether
whether
Mr.
Mr. Dungee
Dungee would
would bebe physically
physically present
present over the
the next
next few
few years of the
years of' the child's
child's life
life before
beforeagreat
great deal of effort
deal of is
effort is
extended toto be certain that the bond between
berween himself and the child is is established or maintained
maintained
Page 13 of 48
'
along well
well with fellow
fellow workers and
and supervisors.
supervisors. He
He has not gotten into
not gotten any legal
into any legal
trouble. He reports he has followed through with the counseling
recommendations made
made by CYS.
by CYS.
Mr. Dungee presented as
Mr. Dungee as very
very pleasant,
pleasant, engaged
engaged and
and sincere.
sincere.
He
He has
has a
a desire to be involved in
be involved in his son's life.
his son's life. It
It should be noted Mr. Dungee
be noted Dungee
has four other
other children,
children, all
all of whom
whom are in
in custody with their
custody with their mothers, and
and of
whom Mr. Dungee
whom custody.
Dungee does not have custody.
Mr. Dungee has a a strong
strong desire
desire to
to see his son involved in
in his
his own extended
family.
family. It was implied during conversation
was irplied with Mr. Dungee
conversation with Dungee that
that even if he
even if is
be ls
not
not the
the primary physical custodian,
primary physical custodian, hehe would
would like
like to have
have some
some time with his
time with
son so that his
his son could
cold continue to develop a
to develop a relationship with him,
relationship with him, and get
and get
to
to know his extended
know bis extended family.
family.
There are no mental health, drug
There drug and
and alcohol,
alcohol, or lifestyle
lifestyle issues
issues that were
discovered by
discovered by this re-evaluation.
re-evaluation. An area for which there
An area there was
was not good
not good
confirming
confirming information is
is the
the legal
legal issues
issues still
still facing
facing Mr.
Mr. Dungee.
Dungee. He reports he
He reports he
has
bas not
not had clear
clear information
information on
on whether
whether hehe will
will have
have toto spend
spend time
time in
in a
a state
state
prison because
prison of pending legal
because of issues; he
legal issues; reports it
he reports it is possible he might
possible he might get
get
probation
probation instead.
Mr.
Mr. Dungee's parenting test
Dungee's parenting test scores support the
scores support the fact
fact he
he has
has values
values and
and attitudes
attitudes
consistent with agood
with a good parent.
parent.
See Report dated June 28, pgs. 7.8
28, 2022, pgs. 7-8.
Through aareport
Through report dated
dated on same date,
date, Dr.
Dr. Crabtree did
did aabonding
bonding assessment with
with his
Maternal Grandparents and
Maternal and placement
placement providers wherein he found
providers wherein found that
that the Child had a
the Minor Child a
bonded
bonded relationship with grandfather
grandfather and
and grandfather's wife.
wife. A
A bonding
bonding assessment was also
also
done with
done Father, to
with Father, to which testimony was received and
and a report was provided,
a report provided, dated
dated June 23,
23,
The conclusions and recommendations of the written report
2022. The report indicate the following:
This is the
the second
second opportunity the evaluator has to to observe Sean L. Dungee II Il
along with his son, J.D.. most recent observation indicates aamore natural
I.D.. This most
quality as the
quality the father and child interacted with
with one another.
another. There is aa bond
between them.
between the. The father was able to demonstrate anumber of strong
was able to demonstrate a number of strong
parenting skulls, at
parenting skills, at least
least as
as they relate to emotional
they relate emotional bonding with his
bonding with bis child
child (it
(it
is difficult
difficult to determine if
to determine if he
he has aagood
good foundation in understanding
foundation in understanding the needs thethe
child
child might have for meeting
meeting developmental
developmental milestones). The child was very
natural
natural and comfortable with the father. The child child never showed
showed any anxiety
anxiety inin
Page
Page 14 of 48
f,
'
the
the presence
presence of
of his
his father. The father
father. The father could
could initiate emotional connection
initiate emotional connection with
with the
the
child,
child, and
and reciprocate
reciprocate when
when it appeared
appeared as though the
as though the child was in need of some
emotional reassurance. The father was ableable to
to interact appropriately and
comfortably with grandfather of the child, who presently bas has custody.
Therefore,
Therefore, to answer the referral questions from the
the agency, there is a
abond
J.D.
between JD. and his maternal grandparents,
grandparents, and there is a
ls a bond between
J.D. and
JD. and his father. That being said, this
being said, this evaluator concludes that the
the child
child
would not suffer if the bond between the child and the
the cbild the father
father were to be
be
severed and the child continued to live withwith his maternal grandparents.
maternal grandparents.
This conclusion is based on the fact
fact that the bond that exists between the child
and the grandparents is strong
strong and would, from all indications, continue to be
strong.
strong.
Father presents with
with a sincere interest
a sincere in maintaining
interest in maintaining a arelationship with his
relationship with his
enough knowledge
son. On the other hand, it is not clear that he has enough knowledge about
issues related
lssues related to child development,
to child development, andand to
to specific his child
specific needs his child has,
has, to be
to be
the primary
the caregiver for
primary caregiver the child.
for the child, Mr. Dungee has had
Mr. Dungee had five
five children and
and he
he
not been involved in
has not in raising the
the older children.
children.
All the above is given with
with aareasonable degree of psychological
psychological certainty.
certainty.
Report dated June 23, 2022, pg. S.
See Report S.
In support of his opinions, Dr. Crabtree testified that Father had an identifiable
had an "identifiable
bond"
bond" with the Minor Child and
and was
was appropriate
appropriate in
in approaching
approaching bis
his son,
son, who
who was
"comfortable
comfortable with
with Father."
Father." Crabtree felt that
Crabtree felt was aa "good
that there was "good degree
degree of
of cooperation"
cooperation"
between Maternal Grandfather and Father. Crabtree continued to opine that the bonded
opine that bonded
relationship between Father
relationship between Father and
and the
the Minor Child was
Minor Child was largely
largely attributable to the
attributable to the action
action of
of
Maternal Grandfather. He testified that during his first meeting with Father, he observed no
bond between the Father and Minor child. Nevertheless, a
ayear later, the Grandfather
Grandfather "allowed
for
for aarelationship"
relationship" which supported
supported aadevelopment of a
development of a bond
bond between
between the Child and Father.
the Child Father.
Crabtree testified that the Minor Childs primary caregivers are his Grandparents who
have
have served in
in that capacity for
that capacity approximately eighteen
for approximately eighteen ((18)
18) months. Crabtree testified that he
testified that
"no concerns
has "no with Grandparent's parenting
concerns with parenting of J.D. and testified
of I.D. further that,
testified further that, "Thanks to the
the
Page 49
Page 15 of 48
Grandparents, the
Grandparents, the Minor Child has
Minor Child has a
a secure bond that should not be
that should be disturbed. Crabtree
testified that the Minor Child's best interests are best served if he is in the continuous care
of the
the Grandparents.
Grandparents. Stating Anther, Father as
Stating further, as the
the primary
primary caregiver
caregiver is not in the
the best
interest of the child.
interest of Crabtree noted his forefront
child. Next, Crabtree forefront considerations in developing his
opinion, including: l)
1) asking whether Father still suffers from substance abuse issues; 2)
the fact that Father bas
questioning the has four
four (4) other children for which he hasn't been an active
parent; 3) noting the
the Minor Child's relationship with Father was tenuous
tenuous prior to
to Maternal
Matera
Grandfather being
Grandfather being involved; and
and 4) questioning the impact
impact of Father's pending criminal
pending federal criminal
sentencing. conclusion on
sentencing. In conclusion direct, Dr. Crabtree testified that
on direct, that it could be "deleterious to the
be deleterious the
Child" to separate him from Grandparents, whereas he "does not believe the Child would
he does
suffer
suffer psychological harm if aatermination
termination of parental rights was
parental rights was granted
granted as to Father
because the Child's primary
"primary bond is with Grandparents.
Grandparents.
On cross examination, Dr. Crabtree was presented with reports recent drug
reports of Father's recent
testing
testing and
and treatment. Crabtree responded
treatment. Crabtree responded that
that he saw the reports as showing that
the reports that Father, "is
addressing his abuse
abuse with fewer
fewer failed
failed tests which shows
shows an upward
upward trajectory,
trajectory, however the
results do not establish that
that Father is ready to live clean and sober. In addition,
addition, Crabtree noted
concern with having no results
results for Father's alcohol testing.
testing.
Crabtree reported
Crabtree that his conclusions
reported that conclusions regarding Father's interaction
regarding Father's interaction with
with his other
other
children (Father
children not primary
(Father not primary custodian and not involved in the
the rearing
rearing of) were based on
information provided by
by Father. He also declined to agree that a parental bond
a parental bond is aa "preferred
Mond"
bond" when
when questioned. Crabtree testified that
Crabtree testified achild
that a and does
child can and does develop
develop a
abond with a
bond with a
and restated that
consistent caregiver and that Minor Child has aaprimary
primary bond
bond that is consistent and
consistent and
predictable with Grandparents. In response to additional questions regarding the issues leading
Page
Page 16
16 of 48
48
}
'
to dependency
to dependency adjudication,
adjudication, Crabtree noted
noted that,
that, Father's substance abuse issues
Father's substance issues were not
not
resolved despite adequate
adequate time
time to address the
the issues.
issues. Crabtree
Crabtree testified that with "aparent
with "a
facing the loss of a
loss of aChild the
the concerns of
of the Agency should be
be paramount." Based on his
diagnosis at
diagnosis at the
the first assessment,
assessment, wherein
wherein two
two (2)
(2) concerns
concerns were substance abuse
were substance related,
abuse related,
opined that
Crabtree opined that based on information from Father's service
service providers,
providers, Father is inconsistent
these concems.
with addressing these concerns.
Upon further examination from the GAL, Crabtree testified
testified to concerns with anxiety
with anxiety
being the focus of treatment sought by Father. Crabtree noted that there was no treatment
treatment for
PTSD
PTsp and
and no treatment
treatment reports specific to
reports specific to Father.
Father. Crabtree further pointed
Crabtree further to Father's missed
pointed to
testing in both 2021 and
testing and 2022.
3)
3) Paige Eisengart- Washington
Paige Eiscagart- County
Washington County Children and
and Youth Caseworker
Caseworker
Paige Eisengart, ongoing Caseworker for J.D. next provided
provided testimony. Eisengart gave
gave
an overview of the
the Agency involvement with J.D.'s family and the concerns resulting
resulting in Child's
adjudication
adjudication of dependency.
dependency. Per Ms. Eisengart, the Minor Child was adjudicated
the Minor dependent on
adjudicated dependent
January 15,
January 15, 2021. Accordingly, at
2021. Accordingly, the time of Ms.
at the Ms. Eisengart's
Eisengart's testimony,
testimony, the Minor Child
the Minor Child was
and out
adjudicated and out of care of Father for
for over nineteen
nineteen ((I9)
19) months.
months. The
The Agency filed the
Petition for
for Termination of Parental Rights
Rights in February
February of 2022, thirteen ((13)
2022, thirteen 13) months
months following
following
initial adjudication.
the initial adjudication.
Eisengart testified that Father participated
Ms. Eiseogart participated with court ordered drug
drug testing
testing
sporadically throughout the
sporadically the dependency matter. Father completed forty-one
Father completed forty-one (41) of seventy-nine
(41) seventy-nine
(79) random
(79) random tests.
tests. In six
six (6) tests, he
(6) tests, he was positive for cannabinoids and
positive for and two
two (2),
(2), testing positive
testing positive
methadone. t6 Father
for methadone." Father was aano-show for thirty-eight
thirty-eight (38) seventy-nine (79)
(38) of the seventy-nine (79) tests
tests and
and
1°One such
Ore such test positive screening for
test with aapositive for methadone was challenged by
by Father and later determined
determined to be
be aafalse
positive. Father only challenged the methadone finding and not the companion
companion positive
positive screen for cannabinoide.
cannabinoids.
Page 17 of 48
•
twenty-seven
twenty-seven (2'n of the tests
(27) of tests occurred after the TPR
TPR Petition
Petition was filed. 11 According
was filed." According to the
to the
testimony of Ms. Eisengart,
Eisengar4 Father was compliant with drug and alcohol treatment,
treatment, successfully
completing AAR treatment.
treatment."tsFather was unsuccessfully discharged
discharged from mental health
counseling with
with provider SPHS, but later
later completed treatment with Christian Counseling
Counseling
Services. Father completed Batterer's Counseling
Counseling in January of 2022 and parenting
parenting education in
June of 2021. Eisengart
of 202L. Eisengart testified that Father was compliant with providing the Agency
Agency releases
"Father
"fuer has tested positive for cannabinoids after the completion of the drug
drug && alcohol treatment ad
alcohol treatment and the Agency
Agency
cannot confirm his sobriety due
cannot confirm due to the positive
to the drug screens and those tests
positive drug tests missed
missed by
by Father.
18 Treatment completed Jure
'fetrent June 27, 2022. Letters submitted as evidence of of Father's completion
completion of treatment
treatment atat Allied
Allied
Addiction Recovery, AAR,
AAR, read as follows:
This letter is being written to verify that Sean Dungee is currently
currently enrolled in treatment
treatment at Allied
Addiction Recovery, LLC. He attended a an intake appointment
appointment on 2722
2/7/22 nd
and ws
was recommended
recommended
to participate in weekly
weekly outpatient group
group therapy sessions from 67.30
sessions fror 6-7:30 pm. weekly
pin. He attends weekly
evening appointments without attendance
after dance issues. Sean attended group
group therapy
therapy on 2/16, 2/23,
a 2/9,2/16,2/23,
3/2, 39,and
32, 3/9, and 3/1622.
3/16/22. He has
bas remained engaged
engaged with treatment and in compliance with the
program.
program. Sean provided appropriate urinalysis
provided appropriate urinalysis profiles weekly, with no evidence of
profiles weekly, of relapse
relapse or
illicit substace
substance use.
use He expresses
expire understanding of the baneful
harmful effects
effeet of substance
substace ue use for
toe
families
failies and communities. At this time, positive progress
time, Sean has made positive Signed
progress in treatment. Signed
Halee V. Stroup, BA, Counselor. See Letter ofMarch 23, 2022, CYS Exhibit 14.
Halee
This letter is
TH ls being written to verify that Sean
Sea Dungee
Dungee is currently
currently enrolled in treatment at Allied
Addiction Recovery, LLC.LLC. HeHe attended an intake appointment
attended an appointment on on 2/7/22
2/7/22 and was recommended
recorte died
to participate in weekly outpatient group therapy sessions. Sean has aattended
ttended a « total of 13group
13 group
therapy tdee individual therapy sessions and
therapy sessions in addition to three tad his intake as
assessment.
ment, His
attendance and
and participation
participation in treatment
treatment have been
been good
good. Sean hasha made positive
positive progress
progress in
in
treatment.
treatment. He provided
provided weekly
weekly urine samples, and and all results of
of his urinalysis testing were
urinalysis testing
appropriate.
appropriate. Sean is scheduled
scheduled to to successfully complete
complete treatment
treatment on 6/27/22 following
on 6/27/22 following his final
his flaal
current status
individual therapy appointment as long as he maintains his current stats and compliance
compliance with
Haelee V. Stroup, BA, Counselor. See Letter of
treatment. Signed Haelee ofJune
hue 22, 2022, CYS Eehlbit
Exhibit 14,
14.
This letter is being
being written
written to verify that
to verify that Sean Dungee
Dungee successfully completed treatment
successfully completed treatment atat Allied
Allied
Addiction Recovery,
Addiction Recovery, LLC. He attended an intake
He attended intake appointment on 2/7/22
27/22ad and was recommended
recommended
to participate
to participate in weekly
weekly outpatient
outpatient group
group therapy
therapy sessions.
sessions. Sean attended
attended aatotal
total of 13 group
of 13 group
therapy
therapy sessions in addition to five individual therapy sessions and his bis intake assessment.
ass¢ ent. His
attendance
attend.ace and participation in treatment were good. cede positive progress in treatment.
good. Sean made t tr ert
He provided
provided weekly
weekly urine
urine samples, and all results of his urinalysis
and ll urinalysis testing
testing were appropriate.
appropriate
Please feel free to
to let
let me know
know if there are any
if there any questions or concerns. See Letter of
or coooems. ofJune
June 27, 2022,
21022
Father's Exhibit B.
Page 18 of 48
•
and equally
and equally compliant
compliant with
with parole. Finally, Eisengart
parole. Finally, Eisengart testified
testified that Father maintained
that Father maintained safe and
safe and
stable housing.
Despite Father's compliance with most court
Despite Father's court ordered
ordered services,
services, Eisengart
Eisengart testified that
testified that
there
there were a number of Agency
a number Agency concerns remaining.
remaining. First, Eisengart testified that, despite
despite Father
completing counseling with Christian Counseling, the
the Agency remained concerned with the
effectiveness of such treatment
treatment due to
to the lack of collateral information provided to the
counselor. Eisengart testified that she
she was unable to verify Father's present sobriety
sobriety due to his
no
o shows at drug screens. Eisengart also testified that there
at drug regarding
there are continued concerns regarding
mental health. Finally, Eisengart
Father's mental Eisengart testified
testified that despite
despite Father completing Batterer's
Intervention, his occurred at
his participation occurred at the same time as the TPR filing.
filing." Upon
Upon direct
direct 19
what circumstances are not
questioning of what from the
not remedied from original adjudication,
the original adjudication, Eisengart
Eisengart
testified, Father's mental health,
health, sobriety
sobriety and
and his
his outstanding criminal case.
Eisengart acknowledged that Father's visits
visits with J.D. "go
"go well," while
while also testifying
testifying that
has never reached the level of unsupervised visits. Currently,
Father has Currently, Father has Court ordered
ordered
supervised visitation, once aaweek for three
three (3) hours, along
along with three
three (3)
(3) additional
additional visits
visits every
month. Father has not spent time with I.D.
has not J.D. unsupervised
unsupervised since
since the
the inception
inception of the case. The
The
Caseworker
Caseworker reported
reported that
that the go well.
the visits go well. However, since additional
additional visits were ordered in
visits were in
June of
June of 2022,
2022, Father has failed
Father has failed to utilize the additional
to utilize additional visits.
visits.
TPR was
l'pg
19 filed approximately
wees fled one ((I)
approximately one 1) year after
afer the child was adjudicated dependent. The Agency
adjudicated dependent. Agency filed the
the TPR
before
before the
the standard
standard timeline of fifteen
tireline of fifteen (15) months, utilized
(I5) months, by the Washington
utilized by Washington County Agency. When
County Agency. Whe asked why
asked why
the Agency
Agency filed the Petition early,
early, tbe
the Caseworker
Caseworker indicated that
that the were not compliant
the parents were compliant with services and
were not
were not drug
drug testing.
testing
Page 19 of 48
•
As supported
As by the
supported by the Dependency
Dependency Court
Court docket,
docket, Eisengart
Eisengart testified that Father's
testified that Father's highest
highest
in April
level of compliance with his permanency plan was moderate in April of 2022 with his highest
level of progress being minimal at the same time.
time.
J.D. Grandparents since January
JD. has been placed with Maternal Grandparents 2021. Caseworker has
January 202L.
visited
visited the kinship home including as recently as August
August of 2022. Caseworker stated
stated that
that J.D.
appears to
to be happy and doing well in
in the home. He also receives early intervention services in
home of the Chambers. J.D.
the home JD. previously received occupational therapy,
therapy, but has
has since
since
discharged Materal
discharged. Maternal Grandparents ensure that
that J.D.
J.D. attends
attends all
all services, daily needs,
services, meet J.D.'s daily needs,
and act
and act as aapre-adoptive
pre-adoptive placement.
placement. J.D. refers to Maternal Grandparents, with whom
Maternal Grandparents, wbom he has
has
been
been in care
care for the majority of his life, as "Mom and Dad.
for the Dad " Eisengart
Eisengart stated that the Agency
20 Agency
has
bas provided
provided services
services for Father
Father to assist him in alleviating the circumstances
in alleviating brought J.D.
circumstances that brought I.D.
into care. Eisengart testified that J.D. has been in care for the majority
majority of his life and deserves
permanency.
On Eisengart was
Oa cross, Eisengart was questioned
questioned regarding
regarding the
the false positive drug
false positive drug screen
screen of
of Father and
Father and
whether the
the Agency
Agency had concems with the reliability
had concerns reliability of the other
of the other tests,
tests, to
to which Eisengart
Eisengart
responded
responded in
in the negative. Eisengart
the negative. also asked
Eisengart was also asked about the child permanency plan
plan (CPP),
which indicated that
that mental health treatment
treatment was completed.
completed.
Testimony of
Testimony Eisengart on
of Eisengart cross-examination included
on cross-examination included testimony that she
testimony that she was contact
was in contact
with another child
with child of Father, who was unable
Father, Kylea, who unable to
to be
be aaplacement
placement resource due to
to her age.
age.
Eisengart was unable
Eisengart was unable to speak to any
to speak any other members of
other members of Father's
Father's family, but noted that Father
family, but Father
failed to offer any family members for placement prior to
to the filing the TPR. Finally,
filing of the Finally,
Eisengart
Eisengart testified that she
testified that she was unaware of Father's
Father's potential
potential sentence for his
sentence for outstanding
his outstanding
re
The Minor
20 Minot Child turned two
two (2) in October and came into care at
(2) in at two
two and one-half
one-half (2 %) months old.
(2 %)
Page 20 of
Page of 48
i
criminal charges but would have
have concerns
concerns for even house-arrest
house-arrest due to Father's inability
inability to
handle emergencies or
handle emergencies or attend
attend appointments
appointments for
for the
the Minor Child.
Child.
Eisengart testified that Father was cooperative with
with signing releases and
and completed Triple
PParenting in June of 2021 and
P and Batterers Intervention Counseling
Counseling in January
January of 2022
2022.
When questioned in more
When questioned more detail about
about Father's
Father's visits with
with the Minor Child, Eisengart
the Minor Eisengart
stated that Father has had
bad some valid excuses for missing
missing visits including, contact with COVID,
COVID,
aafuneral, car problems and work. Eisengart noted that she has observed a
a few minutes of a
a few
visits
visits between Father J.D., and also supervised
Father and JD., supervised visits a
acouple
couple of times at Blueprints.
Eisengart indicated that the
the interaction between and Child is positive
between Father and and she has no
positive and
concerns during the
concerns during the visits.
visits. Eisengart
Eisengart also
also testified
testified that there
there has been
been no
no historical threat or
or
threat of harm to
threat to J.D.
J.D with
with Father.
Upon questioning from the GAL, Eisengart
Eisengart acknowledged that
that Father may
may not be getting
getting
everything
everything he needs from the
the services he has engaged with, specifically
engaged with, specifically considering progress
considering his progress
reflected in Court orders. The Caseworker agreed
agreed it concerning, when questioned
it was concerning, questioned about the
timing of Father's highest
highest level of progress being followed, a short ten
a short ten ((I0)
10) days
days later,
later, by
by the
entry of aaprotection from abuse order. Eisengart also acknowledged
acknowledged that Father was involved
with
with the Agency
Agency for children, but noted that the
for other children, the other
other case was closed.
closed.
With specific reference to the needs of JD.,
J.D., Eisengart
Eisengart testified that the child has health
conditions, including asthma and
and Father
Father has
bas not any appointments
not attended any appointments for child."
child"
4) Annie
4) Anne Schlegel
Schlegel Director Washington County
Director Washington County Children
Children and
and Youth
Youth Social
Social Services
Services
Director Schegel testified that an Agency team
testified that meeting was
team meeting was conducted to discuss the Dungee
to discuss Dungee
Testimony indicates that Father sent a
Testimony
21 a message via text
text to
to Foster asking how the Minor
Foster Parents asking Minor Child
Child was doing
doing.
noted that
It was also noted that Father was offered additional visits but failed to
but failed to utilize the
the same.
same. In addition, Maternal
In addition, Step-
Matera! Step-
grandmother
grandmother took a a year off from working to
to care for the Minor Child's specialized
specialized medical needs.
Page 21 of 48
'
case
case during
during Caseworker
Caseworker Eisengart's maternity leave. The
Eisengart's maternity meeting, called
The meeting, called by Casework
Casework
Supervisor, Kristin Young, was
was facilitated Schlegel. The meeting
facilitated by Schlegel. meeting first involved aareview
review of
to Father. The team
services provided to contemplated that, at the time of the meeting,
team contemplated had
meeting, Father bad
not done batterers'
not done batterers' intervention,
intervention, had a pending PFA
a pending PFA violation,
violation, had engaged in mental
engaged in mental health
treatment
treatment but not
not completed the same,
same, had ongoing history
had an ongoing history of domestic violence and
and found to
to
have no progress in alleviating
alleviating concems
concerns leading to the Child's dependency.
leading to dependency. In
In short,
short, Schlegel
Schlegel
indicated that the meeting was held when the Minor Child was twelve
twelve (12)
(12) months in care and
the Agency opinioned that they offered Father all available court
they offered court services,
services, with
with no other
reasonable services
services available and no significant
significant progress from Father.
5) Kylea
59) Klea Dungee-
twenty (20)
Dungee's twenty (20) year old adult child provided testimony
testimony at
at the hearing.
hearing. Appearing
Appearing
quite
quite nervous,
nervous, Kylea
Kylea Dungee
Dungee testified that currently lives
that she currently lives alone in Donors
Donora and
and J.D.
JD. is her
is her
brother that she met as a
a newborn and last saw in Christmas
Christmas of 2020. Kylea testified that when
J.D. at her great
she saw I.D. great grandmother, Ms. Donna's house, she watched Dungee feed J.D.,
house, sbe ID.,
provide aadiaper change, and engage in other
provide stuff' with the Minor Child. Kylea
other "newborn stuff Kylea
indicated that I.D.
J.D. was two
two (2)
(2) months old at the time. The witness indicated that she
she "had
"had J.D. a
a
lot during
lot during the
the Christmas
Christmas visit," further indicating,
indicating, "T
"Iheld him
him a
a lot... the
the whole
whole time." Kylea
time." Kylea
testified
testified that she also saw JD.
that she J.D. on another
another visit
visit when he was aacouple days or a
couple days a week old. She
indicated that
that she hasn't seen the baby since, "because
"because the baby
baby is with Jamie and
is with and Jim.
Jim." Kylea
Klea
indicated that she contacted the Caseworker Paige
Paige Eisengart
Eisengant to offer herself as aacaregiver
caregiver for
for
J.D..
JD.. In July
July 2021, Kylea
Kylea contacted the
the Agency
Agency to
to hold herself
herself out
out as
as aaplacement option for
placement option for J.D.
I.D.
u The witness
The witness indicated that she attempted to contact
attempted to contact Jamie and
and Jim with
with a
aFacebook
Facebook request, it didn't
request, "but it did'tgogo
through."
through."
Page 22 of 48
•
The Minor Child, who was approximately
approximately four
four (4)
(4) or five (5)
or five (5) months
months at the
the time, was
was unable
unable to
be placed with K
Kylea
ylea due to Kylea's age. Kylea indicated that she made an additional call to
to kKylea's to the
Agency, but did not receive a
areturn A second call was made to the Agency
retum call. A Agency with the
assistance
assistance of
of aadaycare
daycare owner with
with whom Kylea was familiar in
in August of 202123 The
August of2021 Te
Kylea
Caseworker informed Kylea that she
she would discuss her with her
her requests with her supervisor,
supervisor, however,
Kylea
Kylea never heard
heard back from the
back from the Agency.
Agency. While
While Kylea
Kylea requested
requested placement
placement of in ber
of J.D. in her care,
she
she didn't
didn't request
request visitation with the Minor Child.
visitation with Child.
In addition to her in person observations, Kylea was able to observe Dungee
Dungee with J.D.
JD. on
face-time calls during his visits in late 2021.
202L. Dungee would call her when he was with
her when with the Minor
Child and
and sbe
she would
would observe Father feed J.D. snacks. Kylea indicated that KyKy"
"KyKy" was the
the
J.D. used for her. Kylea also testified that she gave gifts to I.D.
nickname I.D. J.D. for his birthday
birthday and
Christmas, which were delivered through
through Dungee.
Dungee. Z4
6) gonna Ebore- Grandmother
Donna Ebore-
Grandmother of of Dungee. of
Dungee. Great-Grandmother of J.D.
I.D
Testimony was received from Donna Ebore, Paternal Great-Grandmother. Ms. Ebore
testified
testified that
that Dungee in her home
Dungee resided in home three
three (3)
(3) months before J.D.
I.D was bor
born and
and three
three (3)
(3)
J.D. and
months thereafter. I.D. and Dungee resided in her
her home
home "from
"from the "first day
the first day home
home from
from the
the
hospital, until CYS took
took him and placed
him and placed him with Mr. Chambers."
him with Chambers." Ebore, who is
Ebore, who is retired,
retired,
testified
testified that
that J.D., "wasn't aabad baby"
I.D., "wasn't baby" or ababy
or a baby that would
would "cry
"cry aalot" and she
she watched Dungee
Dungee
feed, clothe and bathe the Minor Child. Ebore indicated that both she and Dungee provided gifts
Later testimony
Luter
23 testimony indicated that it was was Ms.
'%49. Sonya's
Sonya's daycare" called Sonya's
daycare" called "Sonya's Enchanted Garden," and
and located in
in
Donora,
Donom, PA. PA
-It is unclear if two
two (2)2) or three
three (3) calls were made
(J) calls made to the Agency.
to the Agency. On cross-examination from
from the
the GAL,
GAL, Kylea
Kylee
indicated
idi that the
ted ta first call
the first call was when she was living
was when her first
living her first month her own and wanted
month on her wanted to "help with the
to el
situation." The
Th¢ second
$eord call was with M. Ms. Sony's
Sonya's daycare owner, when she worked there.
u Kylea testified
Kylea testified that
that she
she provided
provided CROCs and and clothing
clothing for
for J.D..
JD..
Page 23 of
0f 48
'
for J.D..
.D.. According to Ebore,
According to Ebore, Dungee has "been
Dungee has "been through this before,"
through this before," (referring to his
(referring to his four
four (4)
(4)
children) and she has no safety concerns with JD.
other children) J.D. in Dungee's care. Ebore stated that,
three (3)
three weeks ago,
() weeks ago, she observed Dungee with I.D.
J.D. on Facebook, something she would do about
something she
one
one ((l)
1) time per week.
week. During
During this Facebook observation, Ebore would observe Dungee
Dungee hold
hold
J.D.. The
JD.. The Facebook video was recorded and
and not
not a feed. Ebore's last live interaction with
a live feed.
J.D. was when he was three
three (3) months
months old. Ebore testified that
that she never reached out to
to the
Agency to care for
Agency to for J.D.,
I.D., but driectly made
but directly requests to
made requests to the placement
placement providers to care
providers to for J.D...
care for J.D..
No visits ever occurred
No occurred and Ebore
Ebore only made one
one ((l)
1) attempt
attempt to contact
contact the Chambers family.
family.
Ebore indicated that she is "disabled" and
and "cannot do
do a
a lot" only able to hold J.D.
JD. for a "limited
time." In response to questions from the Court, Ebore indicated that her husband is not
not "able
bodied" and
bodied" and she has a
a caregiver, Toi Burgess, her
her daughter.
daughter. In response
response to additional
questions, Ebore indicated that
that Dungee was not subject
subject to a
a PFA when he
be was living
living in her home
and also was not
not subject to
to federal drug charges at the time. On cross-examination by
by the GAL,
Ebore clarified that the federal
federal drug charges were filed against
against Dungee
Dungee "way before" he lived in
her home.
her home.
7) Carly
7) Carly Sonafelt-Cuseard-
Sonafelt-Cseard-
Case Case Aid for Washington
Washinatan
Conaty County CY'S
CYS
Carly
Carly Sonafelt-Cuseard, Case Aid
Sonafelt-Cuseard, Case Aid for
for the
the Agency,
Agency, provided
provided testimony
testimony beginning
beginning with
with her
her
history of providing services to
to Dungee in June or July
July of 2021. Sonalfelt-Cuseard indicated that
she supervised visits for Dungee and J.D. and found the visits appropriate.
appropriate. She indicated that
Dungee always checks J.D.'s diaper and feeds and plays
plays with the
the Minor Child. Sonafelt-Cuseard
indicated that
indicated that Dungee is to calm
is able to calm J.D.
I.D. down and
and pays appropriate
appropriate attention to the Child. She
to the
xs Cross reference with page 25 herein in description of domestic
'Cross domestic violence incident in the presence
presence of
of Toi Burgess.
Burgess.
Page 24 of 48
•
also testified that
that Dungee provides
provides birthday and
and Christmas
Christmas gifts
gifts and
and clothes, toys
toys and
and trucks
trucks for
the
the Minor Child
Child for special
"special events." Sonafelt-Cuseard observed that Father
Father is up-to-date
up-to-date on the
Minor Child's medicals and
Minor and has watched
watched him
bim maintain regular
regular contact with
with the Chambers.
Overall, Sonafelt-Cuseard
Overall, Sonafelt-Cuseard testified that she has observed
testified that observed no problems
problems during the visits
during the visits
between Dungee and
and J.D.
J.D. and has observed video
bas observed video calls between Dungee and Kylea
Dungee and Kylea during
during visits.
On cross-examination from the
On the GAL, Sonafelt Cuseard testified
Sonafelt-Cuseard testified that
that Dungee started bringing
Dungee started bringing
supplies to the visit with
with JD.
J.D. one
one (1)
(I) or two
two (2) ago and
(2) months ago previously Jaime Chambers,
and previously Chambers,
foster
foster mother,
mother, provided all supplies. Sonafelt-Cuseard also testified that the video calls
calls with
with
Kylea have only happened
happened more recently.
recently.
8) Se
8) Sears DuWe
Dungee
Sean Dungee, Father, provided testimony on his own behalf. After providing
providing some basic
information, Dungee began to
to address his present living conditions and
and his
his response
response and
with the Dependency
compliance with Dependency Case Court Dungee testified that
Court ordered services. Dungee that he
he lives
alone in
alone in aatwo
two (2) bedroom home
Q2) bedroom home with
with room
room for J.D. The
for ID. The Agency
Agency has deemed Dungee's
has deemed home
Dungee's home
appropriate with no concerns as of August
August 2022. Dungee indicated that he is aware of his Court
ordered services, including the
ordered the requirement for random
random drug
drug and
and alcohol testing.
testing. Dungee
Dungee
indicated that
indicated he works
that he works Monday through Friday
Monday through Friday from
from seven (7) am
seven (7) until three
am until three ()
(3) pm daily sb
pm daily.
Dungee indicated that
that his
his work schedule has created difficulty
difficulty in his engagement
engagement with the
random tests. Previously, Dungee attempted to leave work early
early and his supervisor
supervisor said,
said, "that
wouldn't be advised" indicated that he
advised." Dungee also indicated he had
had difficulty with testing
testing when he lived
with grandmother because
with his grandmother he had
because he had limited
limited transportation
transportation after wrecking his
after wrecking his car.
car. Once Dungee
Dungee
zs Dungee testified that he works with Universal Electric, a
Dungee a job he
he has
bas held since
sinoe November 2021.
Page 25 of 48
•
obtained a car, he began
a new car, providing
began testing again. Nevertheless, Dungee acknowledged providing
Caseworker Eisengart
Eisengart with aamultitude of reasons for failing
failing to consistently test.
to consistently test.
Dungee also addressedd aapositive test
also addres test for cannabinoids
cannabinoids and methadone indicating that, he
indicating that,
only became aware of the
the results
results during
during the Court hearing.
bearing. Dungee challenged these findings
Dungee challenged findings
indicating
indicating that, he doesn't do drugs.
drugs. Dungee
Dungee requested
requested aare-test
re-test in August and
in August and learned in Court
that the results were deemed aafalse
false positive for methadone.
methadone. Since
Since that time,
time, Dungee has
has
requested aachange from
from oral to urine tests.
tests.
he began
Dungee testified that he began drug
drug and
and alcohol treatment
treatment in
in January
January and/or February
February of
2022. Initially, he
he was
was unable
unable to find aaprovider
provider due
due to evaluations
evaluations suggesting no need
suggesting no need for
treatment. The
additional treatment. The recommendations for no further treatment
treatment were provided despite
despite the
fact that he was on bond facing federal drug charges. Dungee also encountered problems
problems with
his insurance. Dungee indicated that Caseworker Eisengart
Eisengart referred him to and he
to AAR and
eventually early 2022
eventually treated with AAR in early 2022.
Testimony next
Testimony next turned
turned to
to Dungee's
Dungee's mental
mental health treatment
treatment history.
history. Dungee
Dungee testified that
that
he currently has no medication prescribed for his mental health. In 2019, he was evaluated at
at
Southwestern Pennsylvania
Southwester Pennsylvania Human Services (SPHS)
Human Services CARE Center and
(SPHS) CARE and received aaprescription
prescription
for
for buprenorphine anxiety. Dungee treated
buprenorphine for anxiety. treated with the CARE
with the CARE Center
Center for
for aaperiod
period and
and then
then left.
left.
Per Dungee's testimony, in 2021, he returned to the CARE Center,
Center, however
however "they
"they could not
accommodate his hours." Caseworker Eisengart eventually helped Dungee find aanew provider
provider
Associates (CCA)
with Christian Counseling Associates (CCA) and Dungee began working with Katherine
began working Katherine Davis
for mental health therapy.
therapy. According to Dungee, the main focus of his treatment
treatment with Davis
Davis
anxiety with
was anxiety with panic
panic attacks.
Page 26 of 48
Dungee indicated that in April 2021 he
April of 2021 he obtained housing he bas
housing and he has had
had no further
issues with
issues with housing. Dungee also
also testified that he completed
completed batterer's intervention counseling
counseling
with
with Kate
Kate Vozar in December of 2021
2021.2' He continued by
by summarizing
summarizing that he has maintained
housing and
bousing and aajob, has not
not been in
in trouble, doesn't
doesn't do drugs and attends
drugs and attends mental
mental health
counseling. Dungee testified
testified that he failed one
one (1) test from
(D) test the federal
from the federal government
government in
in
September of 2021 with cannabinoids. Re-stating
Re-stating that he doesn't do drugs, Dungee
Dungee testified that
he uses no marijuana presently
presently and only uses aavape
vape pen.
pen.
In further illustration of his efforts to comply with Court ordered services,
services, Dungee
Dungee
testified that he did parenting education with two
two (2)
(2) people and finished this service
successfully and first of all requirements. also indicated that he signed
requirements. He also signed all requested
requested releases,
releases,
with
with the
the exception of CCA and
and Katherine Davis, who
who was requesting $50 for each release.
requesting $50
Dungee indicated that he missed his older son's prom
prom in order
order to visit with
with J.D. and rarely
JD. and rarely
missed aavisit.
Dungee testified that he is and would sing,
is an entertainer and dance and
sing, dance and listen
listen to
to music with
with
J.D. He would provide J.D.
JD. .D. with
with gifts for holidays and
and his birthday and he rotates
birthday and rotates purchasing
purchasing
shoes for
for all five
five (5) of his children.
children. Dungee continued that he also purchases
purchases snacks, including
including
hoagies, bananas and PBJ for J.D.,
I.D., noting that J.D. "likes to eat." Indicating
Indicating that he saw Jaime
Chambers give and raisins, Dungee testified that J.D.
give J.D. applesauce and I.D. doesn't
doesn't like juice,
juice, only
only
water.
water. Dungee acknowledged that he didn't always bring
bring snacks noting that,
that, "Jamie used to do
that."
it, we were cool like that." he had pretty
Dungee testified that be pretty bad communication with the
Agency and
Agency and so he would
would talk to Jaime and
and Carly the case aid,
aid, more than Paige
Paige Eisengart.
Eisengart.
However, more recently, Dungee indicates improved Eisengart.
improved communication with Ms. Eisengart.
Record establishes that batterer's
Record barterer's intervention counseling was completed on January
was completed January 2A, 2022.
24, 2022
Page 27 of 48
'
'
Dungee
Dungee indicates
indicates that he
he has had no contact with
no contact with Angela
Angela Dungee
Dungee (Minor Child's mother)
(Minor Child's mother)
since December of 2021. Stating, "the judge said action speaks
speaks louder than words, so IIwent to
louder than
work." Dungee
Dungee testified that
that problems
problems with Angela
Angela Dungee
Dungee were that "she was
that "she never
was immature, never
wanted
wanted to be in the house and
and was not
not family oriented." He
family oriented." stated that
He stated that he
he "did everything he
he
could to help her with
to help J.D."
with I.D."
When asked
When asked about
about his pending
pending federal
federal sentencing, Dungee indicated that he is scheduled
indicated that
for sentencing
sentencing on
on October 4, 2022 on
on the
the charge of
of Conspiracy to Distribute aaLarge Amount of
of
While he could
Cocaine. While could be sentenced thirty
thirty (30)
(30) to thirty-seven (37)
to thirty-seven (37) months, he may also
and he believes that he will receive the
receive house arrest and the minimum sentence. Dungee
Dungee noted
noted
that he
that is confident
he is confident that he has
that he has followed all the rules
followed all regulations of
rules and regulations of his pre-sentence release.
pre-sentence release.
Dungee testified that he
Dungee testified he "had
"had no problem" with Jim and Jaime, the
the fosterparents J.D.,
fosterparents for I.D.,
until CYS was involved. Dungee
Dungee testified
testified that all other children
all of his other children see one another, but
but J.D.
has
has no contact with any of them and
and is not
not seeing his side of the
the family. Dungee stated, "Jim and
Jaime
Jaime aren't on their own, he has family
aren't on family on
on this side." "Idon't
side." "I don't need
need them to regulate
therm to regulate me
me with
with
my child, the federal offense happened before J.D.
I.D. was born."
bom." Dungee indicated that he bas
has aa
great relationship with J.D., calling the child bossy
great "bossy and laughing." spend
laughing." He would like to spend
more
more time with J.D., saying
saying that
that the Minor Child's
Child's relationship with his family is "non-
his paternal family "non-
existent at this
existent at this time." Dungee continued
time." Dungee continued by stating that
by stating that he didn't have
have a
a father and
and he
he wanted
wanted to
know dad wasn't
know why his dad wasn't around,
around, "it affects
affects me to
to this day because things were different for me
than other
than other children."
children." Dungee stated,
stated, because
"because my dad
dad wasn't there makes
makes me be different
different wit
with
my son. IIknow how
how to make the music and
to make and [J.D.] keeps going and
[ID.]keeps and dances." Dungee indicated
indicated
that he has even created a
that a song for his
his son called,
called, "Tribe of JD.,"
J.D.," where he expresses that
he expresses that he will
Page 28 of 48
"never go back on his son and will
will be fighting for his
be fighting his son." Dungee indicates that the song is
because he can't change his past
past but can do his best from this point
point on.
on. 26
On cross-examination from the Agency solicitor, Dungee
Dungee acknowledged
acknowledged that he is
diagnosed with mood disorder and
and bi-polar and has a
a problem
problem with drinking alcohol."
alcohol. 29 Dungee
Dungee
also indicated that his pre-trial services
also services require him to engage with mental health for panic
panic
attacks. 30 Dungee also acknowledged
attacks." J.D. is in good
acknowledged that JD. good care.
On cross-examination from the GAL, Dungee admitted that he previously focused on his
marriage more than
than on his son, but now recognizes that
but now that his
his son comes before everything.
everything.
Dungee acknowledged that he hasn't gone to
to the hospital
hospital for J.D. and hasn't gone
J.D. and gone to J.D.'s
JD.'s
doctor's appointments.
doctor's appointments. However, Dungee indicated
However, Dungee indicated that
that he
he would
would talk to Jaime
talk to Jaime to
to get
get
J.D.'s medical information. In addition, Dungee
information about .D.'s Dungee indicated that he
he "offered to
go" to
to the emergency hospital visit for J.D., felt he
I.D., but felt he "didn't need to leave work when one of
them was already there." When asked about the effect on J.D. of being removed from Jim and
Jaime,
Jaime, his long-term placement,
his long-term placement, Dungee
Dungee stated
stated that, "he will
that, "he will have
have to adjust... he
to adjust.., be is young... he
is young.. he
able to
will be able to adjust." Dungee completed his testimony
testimony indicating
indicating that he
he just
just wants
wants J.D.
JD. to
to
a relationship with all sides of
have a family.
ofhis family,
ze This Court looked for any statement of Father that
pis that he
he wished
wished for reunification with
with his son or wished
wished to care for
tor
his son and
and found none,
none. Dungee's testimony regarding his wishes
testimony regarding wishes focuses on spending
focuses on "spending more time
tine with
with his son"
on"
and having
having his
bis son spend more time
time and get
get to know
know his
his side of the family.
family. See also,
also, evaluation of Dr. Crabtree
Crabtree of
June 23,2022,
23, 2022, wherein it is
is stated, It
"It was during conversation with Mr. Dungee that even if he
wes implied during be is not the
primary
primary physical
physical custodian,
custodian, he
he would like toto have some
sore time
time with his son so that his son could continue to develop
develop a
relationship with
with him
his and
and get
get to know his extended family."
family." While
While not
not determinative of the
the outcome, this
this Court
Court
found the
the absence of aamore direct request for reunification curious.
curious
" Dungee testified to these issues as present
"Dungee present issues, not areas alleviated and/or control.
an/or under control
Consistent with the purpose for which Dungee, by his own testimony, sought
Consistent
30 sought treatment from Katherine
Katherine Davis.
Devis.
Page 29 of 48
9) Ge
Grace Capone.
Capone, Clinical
Clinical Supervisor,
Supervisor. Southwestern
Southwestern Pennsylvania
Pennsylvania umen
Human Services
Services (SPHS)
(SP
HS)
Grace Capone, Mental Health Clinical Supervisor at
at SPHS provided testimony indicating
indicating
that she performed Dungee's discharge and
and reviewed his file in preparation for the
the hearing.
Capone's testimony was difficult at
at times to
to follow, however she
she testified
testified that Father has
has a
a
history with SPHS dating
with SP'HS dating back to 2018 and he has treated for
has treated for both drug and
both drug and alcohol and mental
health. During his
health. During his first
first engagement with SPHS, attended ten
SPHS, Dungee attended ten ((I0)
10) mental health sessions
mental health sessions
and
and one
one ((I)
1) drug and
and alcohol session and
and then "disengaged." Dungee
then "disengaged." Dungee was discharged
discharged after
attending mental health sessions in April 2019 due to non-attendance and the office's inability
inability to
reach
reach him.
him. Dungee
Dungee was
was discharged from
from drug and alcohol
drug and alcohol treatment
treatment after SPHS determined
after SPHS determined that
that
he did not
he did not need
need the
the service,
service, however the 2018
however the 2018 engagement was resultant
resultant of
of a
a CYS
CYS referral with
referral with
commend«on or wear aeon ens
the original recommendation of weekly mental health and
ad ddrug and shot
alcohol sessions.
sons.
In September 2019, Dungee was again
again referred to
to SPHS fror
from adult probation.
probation. During
During
the
the 2019 referral, Dungee was
2019 referral, was consistent
consistent for over thirty (30)
(30) mental
mental health sessions,
sessions, where
where he
continued until
continued until November of 2021,
November of 2021, when
when he was discharged
he was discharged for non-attendance paired with
for non-attendance with his
his
failure to contact his therapist. Dungee's prognosis
prognosis was poor at that
poor at that time.
In January of 2022, Dungee was again referred to
to SPHS for mental
mental health and drug
drug and
and
alcohol services.
alcohol services. This
This referral
referral was
was from
from CYS and pre-trial
CYS and probation. Dungee
pre-trial probation. Dungee failed
failed to
to regularly
regularly
and consistently attend services, only attending Dunge was later discharged
attending the intake session. Dunge discharged
for non-attendance. February of 2022 was when the
the SPHS center
center had
had its last contact with
Father.
Capone indicated that Father had
had aageneralized
generalized anxiety
anxiety disorder diagnosis but
disorder diagnosis but SPHS had
no documentation of
no documentation of any
any medication.
medication. Capone
Capone testified
testified that Father has no
Father has history of drug
no history drug use on
use on
record.
record. Father self-reported any drug issues or concerns. In addition to
to the anxiety,
anxiety, Capone
Capone
Page
Page 30 of 48
•
indicated has aahistory of Agoraphobia and
indicated that Dungee bas and Major Depressive Disorder,
Disorder, both
both
diagnosed in 2019 by a
diagnosed a SPHS psychiatrist when he returned
psychiatrist when retumed to care.
10) Jodi
10) Jodi Lynn Axe,
Lynn Axe, AAR
AAR supervisor
supervisor
provided testimony regarding
Jodi Lynn Axe of AAR, provided Dungee's treatment.
regarding Dungee's treatment. Although
Although Axe
did not personally
did not personally treat
treat Dungee, she served
Dungee, she served as
as the supervisor for
the supervisor for his therapist, Haley
his former therapist, Haley
Axe now
Stroop. Axe now serves as Custodian
Custodian of the
the Records of Father's Case Notes and testified
testified in place
place
of Stroop
of due to Stroop
Stroop due Stroop leaving
leaving the Group.
Axe testified
testified that Dumgee
Dungee began treatment with AAR on February
February 7,
7, 2022. He arrived
based on a
a self-referral for drug and
and alcohol treatment services. He was in outpatient
outpatient therapy
therapy
that involved both group and individual sessions. Axe testified
that testified that Dungee was "very
Dungee was "very
compliant" and attended all sessions, missing only one
one ((I),
1), that
that was promptly rescheduled
rescheduled.
AAR requires urinalysis screening for
urinalysis screening for an
an extensive
extensive list of substances,
list of substances, including:
including: alcohol,
alcohol,
metabolites, opiates, heroin,
metabolites, opiates, methadone, fentanyl,
heroin, methadone, fentanyl, cocaine,
cocaine, K2,
K2, spice,
spice, vivitrol, and
vivitrol, and
methamphetamine. This weekly
weekly testing is
is unannounced
unannounced and performed every time aaclient
performed every client
presents
presents for services. Dungee participated
participated in this
this testing
testing which was collected by
by AAR and sent
sent
to Quest Diagnostics for analysis
aoalysis and results. All tests taken by
by Father were negative except for
negative except
the initial test. tests."31
test. There were no concerns with Father's tests
31 The drug tests are done in
"re in aadouble locked bathroom
bathroom after removing jackets
jackets and anything in their
their pockets
pockets in
an empty room. The samples are tested
room Tbe$apples tested to see if there re
are any alteration and Father's samples were never
Father'seaples
problematic.
problematic
Page of 48
Page 31 of
•
11)
ID) Jamie Chambers. Maternal
Jamie Chambers, Step-grandmother and kinship
Maternal Step-grandmother kinship caregiver
caregiver
Jamie
Jamie Chambers testified that
that Father only asked
Father only asked to
to attend a
a single doctor's visit. Chambers
single doctor's
testified that,
that, at
at that time, she told
that time, told Father not
not to to aadoctor's appointment
to come to appointment because there
there
was a
a limit on the number of people who
who can attend a
adoctor's appointment
appointment at any
any time.
Chambers
Chambers testified to
to observing visits
visits between Father and I.D.,
J.D., in her home when
when J.D. was
two (2)
approximately two (2) or three
three (3) months
months old. Father would hold the child for aalittle bit and
then hand
then band the child to
to Angela,
Angela, Minor Child's mother.
Minor Child's
Chambers testified
Chambers that she
testified that she intends
intends for
for J.D.
I.D. to
to keep in contact
keep in contact with Father,32 and
with Father," and stated
stated
that generally,
that generally, she does not have any issues with Father,
Father, but
but that she has
bas been
been fearful of
of him
him
when he fought with Child's Mother. In a
a final note, Chambers acknowledged
acknowledged that,
that, although
although
sometimes the improper size, Dungee did provide gifts for
provide gifts for J.D.
Review
Review of Relevant
Relevant Legal
Leal Standards and Aunlication
Applicatioa to Present Case
Caye
te Rrssnt
"In a
"In proceeding to
a proceeding to involuntarily terminate parental
involuntarily terminate parental rights, the burden of
rights, the of proof
proof is
is upon
upon
the party
the party seeking termination to
to establish by
by clear and
and convincing evidence the existence of
grounds
grounds for
for doing
doing so." In
Irere N.W.,
N. W., 859 A.2d
A.2d 501, 506 (Pa.
501, 506 Super. 2004).
(Pa. Super. 2004). The
The standard
standard of
of
clear and convincing evidence is defined as "testimony
clear and "testimony that is so clear,
that is clear, direct,
direct, weighty
weighty and
and
convincing as to
to enable
enable the trier
trier of fact to come
fact to to a
come to a clear conviction without hesitance of
of
the
the truth of the
truth of the precise
precise facts in issue." In
in issue." In Re C.MS., 832
Re CMS, 832 A. 2d 457,
A.2d 457, 461-642
461-642 (Pa. Super.
(Pa. Super.
2003).
2003)
The focus of a
a termination
termination proceeding
proceeding is the
the conduct of the parents
parents with
with "adequate
adequate
consideration" being given to the needs
needs and
and welfare of the child. Id.ld. at 508. Further, under
Further, under
n Chambers also testified
Chamber that Paternal Grear
testified that Great Grandmother was offered an
an opportunity
opportunity to
to visit with
with J.D.
ID. but she
declined
declined. No other members of Dungee's filyfamily have contacted the Chambers about visiting
visiting with J.D..
JD.
Page 32 0f
of 48
the Adoption and Safe Families Act,
Act, "when aachild is placed
placed in foster care, after
after reasonable
efforts have
efforts been made
have been made to establish the
to establish the biological
biological relationship, the needs
relationship, the welfare of
needs and welfare of
the
the child require CYS and
and foster care institutions
foster care institutions to work
work toward termination of
toward termination of parental
parental
rights, placing the child with adoptive
rights, parents. It is contemplated
adoptive parents. process realistically
contemplated this process realistically
should be completed within
within 18 months." Ire
In re B.L.L., 787A.2d
B.LL, 787 1007,1016 (Pa
A.2d 1007,1016 (Pa. Super. 200I),
2001),
citing 42 U.S.C.
citing U.8.C. §671, (Emphasis added).
$671, et seq. (Emphasis added).
Termination of
Termination of parental
parental rights
rights is aabifurcated
bifurcated analysis.
analysis. First,
First, analysis made under
analysis is made under
Section 2511(a) to
Section 2511(a) to determine
determine if the parents'
if the parents' conduct
conduct merits
merits termination
termination of
of parental rights.
parental rights.
The Court need only agree
agree with any one subsection of
of §$ 2511(a),
2511(a), in addition to
to $§ 2511(),
2511(b), in
in
order to
order to grant the termination
grant the of parental
termination of parental rights. In re BL.W.,
rights. Ire B.L. W., 843 A. 2d 380,
843 4.2d 384 (Pa
380, 384 (Pa Super.
Super.
2004)
2004) (en bane).
(en banc). If
If the
the analysis of Section
Section (a) leads to
(a) leads to an affirmative response,
response, the court
the court
must then make
make an analysis under
under Section 2511(b), aadetermination of the needs and
and
welfare of the
the child, under the standard
standard of interests, where one major
of best interests, major inquiry is the
inquiry is the
bond
bond between parent and child
between the parent child and
and the effect of
of severing
severing any
any bond.
bond. In re Adoption of
Adoption of
C.D.R., I1IA3d
C.D.R, 111 A.3d 12121212 (Pa. 2015). Absent a
(Pa Super. 20159). showing by
a showing convincing evidence
by clear and convincing
that
that aaparent's rights should be terminated, no such termination may
may occur. In re Adoption
Adoption
of
ofMA. R, 591 A.
MA.R, 2d 1133
A.2d 1133 (Pa.
(a. Super. 1991).
1991)
In the instant case,
the instant case, the
the Agency filed
filed aaPetition
Petition for Termination
Termination of
of Parental
Parental Rights under
Rights under
23 Pa. C.S.A.
23 P. C.S.A. §$ 2511(a)(1),
2511(a)(1), (a)(2),
(a)2), (a)(5), (a)(8), and
(a)05), (a)(8), and $§ 2511(b).
251160)
Section 2511(a)
25116a)
Under
Under §{ 2511(a)(1),
2511(a(1), termination of parental
parental rights
rights may be granted
may be granted when a "parent
"parent by
by
conduct continuing for aaperiod of at least six months immediately
immediately preceding the filing
filing of the
Page of 48
Page 33 of
petition either
either has
has evidenced a purpose of relinquishing
a settled purpose relinquishing parental to aachild,
parental claim to child, or has
bas
refused or failed to perform parental
parental duties.
In the
the present
present matter, the
the Petition for Involuntary Termination of
of Parental
Parental Rights
Rights was
filed by Accordingly, the relevant time period
by the Agency on February 1, 2022. Accordingly, period for evaluation is
August through January 31, 2022.
August 2021 through 2022. During this time frame there
During this there were two
two (2)
(2) permanency
permanency
review hearings on August 17, 2021 and December 14, 202I. August 17
2021. At the August 17 th
hearing, Father
hearing,
was found to have minimal compliance with the permanency
permanency plan
plan and
and no progress
progress in alleviating
alleviating
the circumstances which necessitated the original placement. Visitation remained supervised
supervised at
intervals of
of once per week for two
two (2)
(2) hours
bours in duration. The order specifically
The order provides
specifically provides
"permission to
"permission expand after
to expand after Mr.
Mr. Dungee participates in
Dungee participates in three
three consecutive
consecutive visits."
visits." See
Permanency Review Hearing Order of
ofAugust
August 17, 2021, attached in CYS collective exhibit S. In
in CS
addition, Dungee was ordered to the following:
following:
• Complete drug and alcohol testing at the
drug and the Washington County
County Drug
Drug Testing
Testing
Center,
Center, twice monthly through
through random selection or or upon
upon aareasonable
reasonable suspicion
suspicion
of intoxication or impairment.
impairment.
• Complete drug
• Complete drug and alcohol treatment
and alcohol treatment through
through an
an appropriate
appropriate provider
provider and
and follow
follow
all recommendations.
recommendations
• Follow the recommendations of Dr. Crabtree,
Crabtree, Licensed Psychologist, evaluation
dated May
May 26, 2021.
• Complete intensive mental treatment through
mental health treatment through an appropriate provider
an appropriate provider and
and
follow all recommendations.
• Obtain and
• Obtain and maintain safe and
maintain safe stable housing.
and stable housing.
• Sign all releases requested by the Agency.
• Attend
Attend parenting
parenting education.
• Complete counseling through
Complete domestic-violence counseling through an appropriate provider and
appropriate provider and
follow all recommendations.
Id.
At the
At the December 14, 2021,
December 14, 2021, permanency
permanency review hearing, Father
review hearing, Father is
is again found to
again found to have
have
minimal compliance
compliance with
with the
the permanency plan
plan and
and no
no progress toward alleviating
progress toward alleviating the
Page 34 of 49
48
circumstances which necessitated the original
original placement.
placement. See Permanency Review Hearing
Order of December 14, 2021, attached in CYS collective Exhibit S. The Order specifically
5. The specifically
notes
notes that
that Father
Father has attended
attended visitation and
and obtained housing,
housing, but has
has not shown for drug
drug and
and
alcohol screenings or mental health treatment.
health treatment as Id,
Id. With the
the Minor
Minor Child in placement eleven
in placement
(11) months, Father had
(II) failed to engage in services first ordered at the initial adjudication
bad failed adjudication in
January of2021.
of 2021. Of specific note, exhibits admitted at the time of the hearing
hearing show that SPHS
had closed Father's case for
had for his failure to
to engage in mental
mental health
health treatment, with the
treatment, with the last
last date
date of
service being
service being August
August 2021.
2021. An additional exhibit
An additional exhibit established
established that
that Father failed to
Father failed to appear for
appear for
random drug screenings
random drug screenings between June of 2021
202l and the time of
and the of the hearing. A
the bearing. A further exhibit
exhibit
provided
provided that both Mother and Father
Father were charged
charged on July
July 20,
20, 2021with Criminal
2021with Indirect Criminal
Contempt for violation of aaProtection from Abuse Order.
Contempt for Order. Id. Visitation remained the
34 Id, the same,
same,
but
but concerns were noted
noted with Dungee and Chambers encountering at visits
encountering one another at and a
visits and a
specific directive was included in the Order, prohibiting
prohibiting both parties from remaining
remaining in the
vicinity of the
the visit
visit ten
ten (10)
(10) minutes before and/or
and/or after the
the visits.
visits. Id. Notably, domestic
Id. Notably,
violence
violence and the impact
impact of domestic violence
of domestic on Dungee's
violence on ability to
Dungee's ability to parent
parent being
being aapreeminent
preeminent
issue at the time of shelter
shelter and adjudication.
adjudication
The
The secondary and emerging
emerging issues in the infancy of the Dependency
the infancy Dependency case,
case, including
including
shelter and
shelter and adjudication,
adjudication, involved
involved parental
parental substance and mental
substance abuse and mental health to
health issues. Pursuant to
the TPR testimony of Grace Capone, in November 2021, Dungee was discharged
the discharged from SPHS
mental health services for non-attendance and failure to contact his therapist.
therapist. The
Tbe record also
establishes that in the same time frame, concerns with parental
parental substance abuse remained
33 Record establishes that Father had
Record not completed
bad also not completed batterer's intervention counseling
counseling as of the hearing
hearing date.
date.
Testimony
Testimony and records establish
establish that this was completed on January
January 24,
24, 2022.
2022
Dungee's Indirect Criminal Contempt Charge was
Dungee's
34 was ultimately
ultimately withdrawn by the Washington
by the County Office of the
Washington County
District Attorney with notation that Victim
Victim (Angela
(Angela Dungee)
Dungee) failed
filed to appear.
appear.
Page 35 of 48
49
•
unaddressed and this
this was further
further illustrated by Father's
illustrated by inconsistency with random
Father's inconsistency testing,
random testing,
failure to
failure participate in drug
to participate and alcohol
drug and alcohol treatment
treatment as ordered
ordered and failure to
to resolve bis
his
outstanding federal drug
outstanding federal drug charges.
charges.
history, this Court is tasked with determining
Considering this history, Dungee's conduct
determining whether Dungee's
"evidenced aasettled purpose of relinquishing
relinquishing parental claims" or
or if he failed and/or
and/or refused to
perform parental duties in this time frame.
frame. 3s
Despite
Despite failing
failing to be
be fully
fully compliant and/or consistent, Father did
and/or consistent, did attend visits,
visits, did
did
complete some services,
services, albeit lacking in regularity, and did
regularity, and did make efforts
efforts to attend hearings
hearings for
for
the Dependency matter.
matter. Accordingly, it is
is this
this Court's
Court's opinion
opinion that, while
while Dungee
Dungee was
was far from
fully compliant and
and even farther
farther from
from advancing progress with alleviating the circumstances
leading
leading to
to placement,
placement, in a
a light
light most
most favorable
favorable to Father,
Father, in the
the six
six (6) months immediately
(6) months immediately
preceding the the petition
the filing of the petition he
he did
did not
not evidence
evidence a
a settled purpose
purpose of
of relinquishing
relinquishing parental
parental
claims. Consequentially, this
this Court does not demonstrated a
not find that Father demonstrated asettled of
settled purpose of
relinquishing
relinquishing parental rights.
parental rights.
This Court must next consider if Father failed or refined
must next parental duties.
refused to perform parental
While difficult to
While admittedly difficult to define precisely, Pennsylvania
Pennsylvania Courts have found that "parental
found that
duty is
duty best understood
is best understood in relation to
to the needs of aachild."
child." Ire
In re KZS. 946 A.2d 753,759
753,759 (Pa
Super.
Super. 2008), citing: In
Irere B., N.M,
N.M., 856 A.2d
A. 2d 847
847 (Pa. Super. 2004).
There is
There is no
no simple or easy
simple or easy definition
definition of
of parental duties. Parental
parental duties. Parental duty
duty is best
is best
understood in relation to the needs of aachild.
child. AA child needs love, protection,
guidance, and support.
guidance, and support. These needs, physical
physical and
and emotional, cannot
cannot be met
met by
by aa
merely
merely passive interest in the development of the child. Thus, this court
the development court has
has held
held
see
See Ire
33 In re CM$,
C.M.S., 832 A.2d
A2d 457,462
457,462 (Pa. Super. 200.3),
(a Super. Marter of
2003), quoting Matter ofAdoption
Adoption of Charles ED.M,
F-D.M.,11,
I, 708 A.2d
88,91 (Pa. 1998), stating
88,9(Pa stating "Section 25I
2511 does not
not require
require that the parent
that the demonstrate both A
parent demonstrate asettled
settled purpose
purpose of
relinquishing parental claim to aachild and refusal or failure to perform parental duties. Accordingly,
perfornr parental Accordingly, parental rights
rights
may terminated prant
may be terminated pursuant to Section
Section 2511(a)(1)
211(a(/) if the parent either demonstrates
parent either demonstrates a settled purpose of
a settled of relinquishing
relinquishing
parental claim to
to a child or
a child or fails to
to perform
perform parental duties."
Page 36 of
of 48
•
that
that the
the parental obligation is
parental obligation is aapositive duty which
positive duty which requires
requires affirmative
affirmative
performance.
performance.
A must utilize all available resources to
A parent must to preserve the parental relationship,
and must exercise reasonable firmness in resisting
must exercise reasonable firmness in obstacles placed
resisting obstacles placed in
in the path of
the path of
maintaining the
maintaining the parent-child
parent-child relationship.
relationship. Parental rights are
Parental rights are not by
not preserved
preserved by
waiting
waiting for
for amore suitable
a.more or to one
time 's.parental
suitable or convenient
convenient time to perform
perform one's parental
responsibilities while
responsibilities
emotional needs.
needs.
•
others
while othersprovide
provide the
the child with
child with his
his or
or her
her physical
and
pbusical and
emotional
Id.ld.
There is no question
There question that
that Father loves J.D., what must be
be evaluated is whether
whether he
performed parental
parental duties
duties to support
support the needs
needs of
of JD.,
J.D., most importantly considering
most importantly considering the mental,
mental,
physical
physical and emotional needs of the Minor Child. The record is void
the Minor void of support
support for this
this finding
finding
and only establishes
establishes that Father took negligible steps
steps in the care of his son. Father allowed
allowed
others to
others to provide
provide for his Child's
for his Child's basic
basic needs,
needs, while
while he provided excuses for
provided excuses for his
his non-performance,
non-performance,
and inconsistent and/or absent
and designed to support
absent compliance with services designed support his ability
ability to
reunify.
reunify. Testimony
Testimony and evidence
evidence supports arecord that paints
supports a paints aapicture
picture of Father
Father failing to
to
attend Child's medical appointments
appointments and failing to attend Father' Court ordered services with
commitment and
commitment and regularity, all
all being
being explained through aamultitude
multitude of excuses by
of excuses Father.
by Father.
Dungee failed in providing the very basic of support, acknowledging through his own
Dungee even failed own
testimony that only
testimony that only two
two (2) or three
(2) or three (3) before the TPR
() months before TPR hearing
hearing did
did he begin
begin bringing
bringing
provisions for the Minor Child
Child to visits. Prior
to visits. Prior to that
that time,
time, he testified
testified that
that Jaimie Chambers
provided the supplies for the visits, including snacks and
and diapers. Considering that Father
testified that parenting education was
parenting education one of
was one that he
of the first things that completed in the
he completed the Court
ordered services,
services, these actions should
these actions should have initiated by
have been initiated by Father
Father much earlier." And
much earlier." while
And while
see report ofJune 23, 2022:
See citation ofDr. Crabtree report
36
"Father presents
Father with asincere interest in maintaining a
presents with his son. On the other band,
arelationship with bis hand, it is
not clear that he
be has enough knowledge about issues related to child development and to specific needs his child has,
to be the primary caregiver for the child."
primary caregiver child,"
Page 37 of 48
•
Father eventually
eventually did provide
provide visitation provisions
provisions for J.D., was only
I.D, it was only aamore recent
more recent
development
development. Father testified
37testified to
to his
his attention and management of daily affairs being
being focused
pretty much everything else, while
on pretty while others cared for
others cared for the daily
daily needs
needs of J.D..
I.D.. Dungee resisted
and
nd refused consistent and effective participation and utilization of services
services designed
designed to promote
his ability to reunify, while J.D.'s needs and
I.D.'s needs and welfare were attended by others.
attended to by others.
As stated
As stated by Dr. Crabtree, with
by Dr. "aparent facing
with "a facing the loss of
of aaChild
Child the concerns
concerns of the
the
Agency should
Agency be paramount.
should be paramount." This
This Court does not believe
does not that Father
believe that Father resisted obstacles to
resisted obstacles to the
the
parent(child
parent/child relationship and
and failed to prioritize his
failed to his parenting of J.D.
ID. Accordingly,
Accordingly, this Court
finds that the
finds that has established, by
the Agency has by clear and convincing
convincing evidence, grounds
grounds for
for termination
under 23
ader 23 Pa. C.S.A.
C.S.A. 2511(a)(1).
2511(a)1).
Section 2511(a)(2)
2511(a02)
The Agency
The Agency next
next asserts grounds for termination
asserts grounds termination under
under §2511(a)(2).
$2511(a)2). Pursuant to
§2511(a)(2), the
$2511(a)2), the rights of a
a parent
parent may
may be terminated if the repeated and
and continued incapacity,
incapacity,
abuse, neglect or refusal of a
a parent has caused a
a child to be without essential parental care,
care,
control or subsistence
subsistence necessary for
for his
his or her
her physical
physical or
or mental
mental well-being and the conditions
and the conditions
and causes of incapacity,
incapacity, abuse, neglect or refusal
refusal cannot
cannot or will not
not be
be remedied by
by the parent.
parent.
This subsection
subsection doesn't emphasize aaparent
parent refusal or failure to perform duties,
to perform duties, but places
places the
focus on a
focus present and future
a child's present future needs for "essential care,
care, control or subsistence necessary
necessary
see
E1 See recitation
recitation ofFather's TPR testimony. Dungee continued that
Father TPR testimony. Dungee continuedthat he also purchases snacks, including hoagies,
he also purchases snacks, including boagies,
bananas and PBJ
bananas and J.D., noting
PBI for I.D., noting that I.D.
"J.D, likes to eat."
eat." .....acknowledged
~..acknowledged thatthat he
he didn't always bring
bring snacks...
snack.
"Jamie were tool
Jamie used to do it, we were cool like that."See
See also: recitation ofSongfelt-Cuseard testimony: indicating
ofSonafelt-Cusead TPR testimony: indicating
that
that Dungee started bringing
Dungee started supplies to
bringing spplies to the
the visit with J.D. one (()
I.D. one 1) or two
two (2) months ago.
(2) month ago. (Testimony
(Testimony provided
provided on
September
September 19, 2022).
19, 2022)
See 23 Pa.
See 23 CS.A. $2511(b),
Pa CS4. §2511(b). Other
Other Considerations-
Consideration-....• " With respect
"Wik respect to any petitionfiled
to any petitionfledpursuant to subsection
pursuant to subsection
(a)(1),(6) (8), the Court shall not consider any efforts
(a)(/),(6) or (8) efirorts by the parent to remedy
the parent remedy the conditions described therein
thereh
which are first Initiated
are first initiated subsequent to the
subsequent to the giving notlee oftheftling
giving ofnotice thefling ofthe petition"
the petition."
Page
Page 38 of 48
38 of 48
for his physical or mental
mental well-being." ln
In re
re Involuntary
lvoluntary Termination Parental Rights
Termination ofParental Rights to
to
E.A. P., a
EA.P., aminor, 944 A.2d
A. 2d 79,82 (Pa. Super. 2008). Courts are instructed
instructed by
by this section to focus
focus
on the need
need of aachild
child for
for aastable home and "strong, continuous parental ties" particularly where
and "strong,
"disruption of the
disruption the family has already occurred and
and there
there is no reasonable prospect
prospect for reuniting
reuniting
it." Id. Further, grounds
grounds for termination under subsection (a)(2)
under subsection (a)Q2) are not
not limited to affirmative
misconduct;
misconduct; those
those grounds may include acts
acts of incapacity
incapacity to
to perform parental duties. Id.
parental duties.
quoting In
Irere AL.D,,
A.L.D., 797A.2d
797 4.2d 326, 337
337 (Pa Super. 2002).
(Pa. Super. 2002),
As noted by the Superior Court in Ire
In re ZP., 994 A.2d
A. 2d 1108, 1117 (Pa. Super. 2010),
117 (Pa.
"while sincere
while sincere efforts to perform parental duties can preserve parental
parental duties parental rights
rights under subsection
(a)(1), those
(a)(I), those same efforts may
same efforts may be
be insufficient
insufficient to remedy
remedy parental incapacity under
parental incapacity under subsection
subsection
(a)(2)." Quoting, In re Adoption ofM.J.H., 501 A.2d 648MJ.H, 50I 648 (1985) (Additional citations omitted).
(1985) (Additional omitted).
"Parental
rights
"Parental are
not.
rights are not preserved
preserved by for a more or
by waiting for amore suitable
suitable or convenient time
convenient time to perform
.perform
one's parental
one's parental responsibilities while others provide
provide the
the child with or
withhis
hisor her
her physical and
physical
emotional needs.
needs. " In
Irere B,
B, N.M.,
NM, 856
856 A. 2d 847,
A.2d 855 (Pa
847, 855 (Pa. Super.
Super. 2004).
2004). AA."parent
"parent desiring
desiring to
retain
retain parental
parental rights must himself
must exert
rights evert himself to
to tale
take and
and maintain
maintain.aaplace
place of
of importance
in
importance in his child's
child's
his
life."
fte." In re EA.P.,
Inre E.A. P., 944 A.2d (Pa Super. 2008), quoting: Adoption of
A. 2d 79, 83-84 (Pa ofBaby A, 517
Baby Boy 4,
A.
A2d2d 1244,1246
1244,1246 (Pa. 1896). Section 2511(a)(2) does not outline aatime line for performance
performance or
evaluation of
of performance and accordingly,
performance and accordnigly, the
the case time
time lmie
line can
can be
be evaluated
evaluated as
as a
a whole.
In the
the present matter,
matter, the Minor Child
Child is
is twenty-four
twenty-four (24)
(24) months old and has been
months old out of
been out
parental care and
and in the care of maternal grandparents for twenty-two
twenty-two (22)
(22) of
of those months.
During
During this
this time, the minor child's
child's various
various needs were met by his
met by his caregivers,
caregivers, not his parents.
parents.
While Father indicates
While Father that "he
indicates that "he will
will do
do anything
anything to
to maintain contact with
maintain contact his child,"
with his child," the
the history
history
of bis
his compliance and
and progress paint
paint a
a different story.
story. While at the
While at the time of
of the TPR hearing,
the TPR hearing,
Page 39 of 48
49
•
Father had completed aafew Court ordered
Father services, and
ordered services, initiated participation
and initiated with others,
participation with others, by his
by his
own testimony, he
own he waited
waited until the Minor Child was over a
a year
year old and
and developing a
a strong,
strong,
addressing the lion share of
consistent and reliable bond with Maternal Grandparents before addressing
issues bringing
bringing in J.D. into care. While Father waited to participate
participate in services, succumbed to
barriers for completion and
and by
by his own testimony, prioritized his marriage
marriage and
and employment
employment over
his relationship with
with his child,
child, the Minor Child
Child was being
being cared
cared for by
by others. As discussed
above, at
at the time of the
the filing of the Petition for Termination of Parental Rights, unrefuted
Rights, it is unrefuted
Dungee failed
that Dungee failed to engage in the
the most
most essential Court ordered services that would have aided
him in progressing through and J.D.'s placement
and perhaps alleviating entirely the cause for I.D.'s placement
coming
coming into care. Father
Father testified
testified that his change
change in motivation was based on the Court's
statement that,
statement "actions speak
that, "actions speak louder than
than words,"
words," however
however his compliance
compliance snd
and participation
participation was
also conveniently timed in preparation for
also for his federal sentencing.
sentencing."38 While this
this Court cannot
cannot state
that his efforts
efforts were solely in an effort to curry favor with the pending
to cuny pending sentencing
sentencing court,
court, the
record does
does support
support aaconclusion that
that Father's compliance
compliance and periods of
and periods of inconsistency
inconsistency have aa
similar pattern
strikingly similar patter to periods when Father has heightened
to periods supervision due to probation
heightened supervision probation or
other interventions. Accordingly,
Accordingly, in considering whether Father took every necessary to
every action necessary to
maintain aaplace of importance
importance in the life of J.D.,
the life I.D., this Court is of the opinion
opinion that he did
did not.
As may be apparent from the above discussion, this Court is also of the opinion that
Father cannot
cannot or will not
not remedy
remedy the conditions and
and causes of incapacity
incapacity that have caused J.D
J.D. to
to
be without
be without parental
parental care,
care, control or subsistence necessary
necessary for his physical
physical and
and mental
mental well-being.
well-being.
Father's history supports periods of compliance,
compliance, followed by
by periods
periods of non-performance
non-perforance and
While photo
while
38 photo finishes may be place in marathons and horse races,
be common pice noes, photo
photo finishes are not compatible
compatible with
parenting aa child. Achild's
child. A child's needs
needs and
and welfare of cannot
cannot be subjected
subjected to aalate start,
start, standard
standard procrastination
procrastination and/or
and/or
casual attention with
with reliance
reliance on others to serve in the primary capacity of
primary capacity of parent.
parent.
Page 40
40 of 48
of 48
•
•
inconsistency. This can be stated as to Father's mental health, substance use, testing
testing and
treatment, and domestic violence history. Consequentially, even should the Court deny the
rights, the Court would have no confidence in
Agency request for termination of parental rights, in the
finding short term prospects
ability to immediately place the Minor Child in the care of Father, finding prospects
for re-unification unlikely. Father is still not in a
aposition stable and/or consistent enough for the
Minor Child to be placed in his care."
care 39
Evaluated as a
awhole, this Court finds that the Agency has established by
by clear and
convincing evidence that Dungee's repeated and continued incapacity, neglect and/or refusal to
provide proper parental control for J.D.,
I.D., (fueled by concerns of domestic violence, substance
abuse and mental health concerns), has caused JD.
J.D. to be without essential parental
parental care, control
or subsistence necessary for his physical or mental well-being. This Court also finds clear and
convincing evidence that the conditions and causes of incapacity, neglect and/or refusal
refimal will not
finds sufficient grounds for termination under
be remedied by Dungee. Accordingly, this Court fords
23 Pa. C.S.A. §2511(a)(2).
$2511(a)2)
34 Father remains on probation for the federal drug charges. Four
father Four (4) year probationary
(4) year probationary sentence on October 7,2022.
7, 2022.
Father has never
Father has progressed to
never progressed to unsupervised
unsupervised visitation
visitation and has failed
and bas failed to take advantage
to take advantage of additional visits offered
additional visits offered
by the Agency
by Agency and approved
approved by by the Court. Father has failed to to participate
participate in mental health treatment
treatment that
specifically addresses the recommendations of Dr. Crabtree and has failed to consistently
specifically consistently engage in random testing.
testing.
In because Father is subjected
ln addition, because restrictions sa
subjected to restrictions as aresult of
of his federal probation, there is no evidence
federal probation, evidence to to
suggest
suggest his
his ability to address
ability to address the Minor Child's daily needs,eeds, medical
medical needs and/or education needs,needs. While
While Father
presented the
the testimony of his hie family
frily members
members that stepped forward as placement
that stepped placement resources, whieh
which is
is more
appropriately an issue
issue for the
the Dependency
Dependency matter, Father provided no derails details on his plan
plan to
to re-unify
re-unify and support
support
J.D.. Father indicated
JD.. indicated that
that he
be would like to spend
spend more time with J.D. and further
I.D. and further indicated that
that he
he wanted J.D. 4e
wanted J,D, to
know
low "his side of
his side the firily"
of the family" but
but set forth no
set forth no plan of execution. By
plan of By his own testimony,
his own testimony, Father
Father indicated that
that Jaime
Jaime
Chambers, until
until recently,
recently, provided
provided for all of the Minor
Miaor Child's needs.
Cid' eds.
Additionally, during
during this
this Court's
Count's deliberation
deliberation on the IPR
TPR request,
request, another
another permanency
permanency review hearing
hearing was
ws
conducted in this matter
conducted matter finding that Dungee had minimal
finding that minimal compliance
compliance and progress. The
and no progress. specifically
The Order also specifically
notes that Father
notes that Father has not maintained
has not maintained sobriety and has
sobriety and bas not engaged in
not engaged in mental
mental health
bealth treatment
treatment as
as recommended
recommended by by
Dr. Crabtree. Permanency Review Hearing ofDecember 12, L2 2022. contained in tbe
1022. While information contained the hearing
bearing
cannot
cannot be relied upon as definitive of this Court's finding in the TPR, it is persuasive
persuasive evidence that supports this
that supports this
Court's theory of Father's present J.D. as saresult of inconsistency
present inability to care for I.D. services,
inconsistency with Court ordered services,
provided to aid Fether
Father in steps to independent
independent reunification with I.D,
J.D.
Page 41 of 48
•
Section 25116
2511(a)(5)
a0.2)
Pursuant to
to Section 2511(a)(5), termination of parental
parental rights
rights may be granted when,
be granted when, "The
child has been removed from the care of the parent by the court
count or under aavoluntary
voluntary agreement
agreement
with
with an agency for aaperiod of at
at least
least six
six months, the
the conditions which led
led to
to the removal
removal or
placement of the
placement of continue to
the child continue to exist,
exist, the parent cannot or
parent cannot or will not remedy those
not remedy those conditions
conditions
within aareasonable period
period of time,
time, the services or assistance reasonably
the services reasonably available to
to the
the parent
parent
are not likely to remedy the conditions
conditions which led
led to
to the removal or placement of the within
the child within
a
a reasonable period and termination of the
period of time and the parental rights
rights would best serve the needs and
and
welfare of
of the child."
As discussed
discussed more thoroughly above, I.D.
J.D. has been out
out of
of parental
parental care in excess of six
to the removal or placement
(6) months. The conditions leading to placement of the
tbe Child,
Child, domestic violence,
violence,
unstable housing, concerns with substance abuse, mental
mental health and the inability provide safe
inability to provide
and stable parenting for J.D.
I.D. have not
not all been remedied and
and resolved. As previously
previously discussed
in this Court's evaluation under Section 2511(a)Q2),
in 2511(a)(2), the Court also finds that Father cannot
cannot or
will
will not remedy
remedy those conditions within aareasonable period of time. To Mr. Dungee's credit, his
Dungee's credit, his
was not completely uninvolved
uninvolved and
and following
following filing
filing of the petition, he began
the TPR petition, began to
to participate
participate
and complete Court ordered services. (albeit his own time as opposed
(albeit on bis opposed to a
a time frame that
may have accelerated his
his ability to
to care for J.D.). Dr. Crabtree
for JD.). Crabtree testified it
it would
would have been
possible for Father to have taken steps
steps to reunify
reunify with the child in three
three (3)
(3) months,
months, which is
supported
supported by the fact
facet that
that Father
Father did engage in many
many services
services immediately prior to
immediately prior to and/or after
the filing of the TPR petition. Father waited to engagement and/or was inconsistent
to initiate his engagement
when
when he began to resulting in an
to engage, resulting an inability of the Court to gauge
gauge his progress
progress in
alleviating circumstances. This was amplified by
by his inconsistency and
and lack of compliance
compliance with
with
Page 42 of 48
•
services and
and his
his failure
failure to demonstrate that
to demonstrate that the
the services were assisting
services were with Agency
assisting with Agency concerns.
concerns.
Nevertheless,
Nevertheless, having
having found sufficient grounds
grounds for terminating parental rights pursuant to
to
§2511(a)(1) and
$2511(a)(1) and (a)(2), elects to make no further
(a)2), this Court elects further analysis of the Agency request
request under
§2511(a)(5).
$2511()(5).
Section 25116a/2)
251 l(a)(8)
Subsection 2511(a)(8)
2511(a(8) states that the
the termination of parental rights
rights may be granted when,
when,
"The has been
The child has been removed from the
the care of the
the parent by
by the court
court or under a
s voluntary
agreement with
agreement with an agency, 12
I2 months or more have elapsed
elapsed from the date
date of removal or
placement,
placement, the conditions which
the conditions led to the
which led removal or
the removal or placement of the
placement of child continue
the child continue to exist
exist
and termination of parental rights
and rights would
would best serve the
the needs and welfare
needs and welfare of the child."
child."
In the
the present matter,
matter, although
although the Agency filed aapetition
petition for the
the termination of
parental
parental rights a
a mere twelve
twelve ((L2)
12) months following the Child's placement, at the time of the
TPR hearing, the
the Minor Child was in
in placement in eighteen ((I8)
in excess of eighteen 18) months.
Furthermore, as discussed in detail above, this Court finds that the conditions which led to
to the
removal or placement of the child
child continue to exist to the present date. Therefore, this Court
Court
is left consider whether termination
left to consider termination of
of Dungee's
Dungee's parental rights
rights best serves the
best serves the needs
needs and
welfare
welfare of
of J.D.,
I.D., to
to which
which this Court also
this Court also answers
answers in
in the
the affirmative.
affirmative.
It is this
It this Court's finding that
Court's finding that terminating Father's parental
terminating Father's best serves
parental rights best needs
serves the needs
and welfare of J.D.
I.D. Father acknowledges that
that the Minor Child is well cared for by Foster
Parents and acknowledges that
that Foster Parents take
take care of J.D.'s
ID.'s daily needs.
needs. Father has
never been tasked with
been tasked with providing for J.D.'s daily needs and has
providing for has not had independent custody
Page
Page 43 of 48
•
•
of the
of the Minor Child since
Minor Child since he
he was
was approximately
approximately two and one
two and one half
half (2 %a) months
(2 %) old.40 At
months old. At the
the
time of the filing of the
filing of the TPR hearing,
hearing, Father had
bad failed for
for nearly two
two (2)
(2) years to
to resolve the
the
problems leading to the Minor Child's placement
problems placement in care and evidence suggests that
that he would
be unlikely
unlikely to
to correct such
such issues in
in aareasonable time period to J.D.'s return
to allow for JD.'s return to his
care. This Court finds
care. finds that
that it
it would not
not serve the Child's
serve the Child's needs and welfare to
to place his
his life
on hold for additional
additional time for Father to establish that
that he is in
in aastable place
place and possessing
possessing
ability to care for
the ability for the Minor Child's daily
Minor Child's daily physical, mental, emotional
physical, mental, and educational
emotional and educational
needs.
While it is recognized that Father has had more substantial compliance, there
that Father there has not
been a
a dramatic shift in
in the finding
finding of progress in alleviating the
in alleviating the circumstances resulting
resulting in
removal.
removal. Additionally, most of the
most of the significant areas of
of Father's
Father's compliance
compliance occurred after
after the
the
filing of the Petition for TPR. As previously cited,
cited, in subsection of 2511(),
251 l(b), the
the statute
statute
specifically provides, in part,
specifically "with respect
part, "with respect to any
any petition
petition filed pursuant to subsection (a)(1),(6)
to subsection (a)(1),(6)
or (8),
or (8), the
the court
court shall
shall not consider
consider any
any efforts by the
efforts by the parent to remedy
parent to remedy the conditions described
the conditions
therein which
which are first initiated subsequent
subsequent to the
the giving of notice of
of notice of the filing
filing of the petition.
petition. 23
Pa. C.S.A. 2511(b).
Pa CS.A. 2511(6). Termination under Section 251
2511(a)(8)
1(a)(8) does not
not require an evaluation of
[a parent's] willingness or
parent's] willingness ability to remedy
or ability conditions that
remedy the conditions that led
led to
to placement
placement of her
of her
children." In
children." In re
re Adoption of C.JP.,
Adoption of C.J.P., 114
114 A.3d
A. 3d 104,
104, 1050 (Pa. Super,
1050 (Pa. Super. 2015),
2015), citing
citing In
In re
re
Adoption ofJUS., 901 A.2d 502,
ofRI.S, 502, 511 (Pa. Super.
5I(Pa. Super. 2006).
2006). Our Courts
Courts have said,
said, "we recognize
that the
that the application
application of
of Section
Section (a)(8) may seem
(a(8) may seem harsh when
when the
the parent has begun to
has begun to make
make
progress toward
toward resolving the problems that
resolving the that had to removal of
had led to of her
her children. By allowing
children. By for
allowing for
Father's primary
pher's
40 custodianship was
primary custodianship was done
done with
with assistance of the
assistance of the biological Mother, Angela
biological Mother, Chambers. There
Angela Chambers. was
There was
no
no testimony
testir ony suggesting Father bas
suggesting Father has ever exercised parental
ever exercised parental duties
duties alone and without
alone and without the
the assistance
assistance of another
of another
person,
person, whether that be
whether that be biological
biological Mother,a
Mother, acase aid, another
case aid, another relative
relative or
or aaparenting
parenting coach.
coach.
Page 44
44 of
of 49
48
a
•
e
•
termination when the conditions that led to
that led to removal of the to exist after a
the child continue to a year,
year, the
the
statute implicitly recognizes that aachild's life
life cannot
cannot be held in abeyance
be held abeyance while the parent
parent is
unable to perform the actions necessary to assume parenting responsibilities. This Court cannot
and will not
and not subordinate
subordinate indefinitely aachild's need for
for permanency and stability
permanency and stability to
to a
a parent's
parent's
and hope for the
claims of progress and the future. Indeed,
Indeed, we
we work under statutory and
and case law
law that
only aashort
contemplates only short period time, to
period of time, to wit,
wit, eighteen
eighteen (18)
(18) months, in which
which to
to complete
complete the
process of either reunification or adoption for aachild who
who has
has been placed
placed in foster care. In re
Adoption of
Adoption CL.G., 95 A2
of C.LG., A. 2d 999, 1005
1005 (Pa. Super 2008), trial court
2008,), quoting trial court opinion.
opinion
This Court finds that the Agency
This Agency has
has established by and convincing evidence the
by clear and
three (3)
three (3) elements required by 2511(a)(8).
by Section 2511(a(8).
Having
Having found the Agency has and convincing
has established clear and grounds for termination
convincing grounds
of parental rights under Section 2511(a)(),
251 l(a)(1), (a)(2) and (a)(8),
(a)2) and (a)(8), this Court must now turn
turn to the
second requirement of the Adoption Act.
Act.
2511(b)
Section 2511£b)
In the second
In second vein
vein of inquiry in a
of inquiry atermination petition, the
termination petition, the Court must
must evaluate if the
if the
Agency has
has sustained its burden under 2511(b). This subsection requires that "the court
its burden court in
terminating the rights of a parent [to] give primary consideration to the developmental, physical
a parent
and emotional
and emotional needs and welfare the child."
welfare of tbe child." Section 2511(a) requires
requires a
a focus
focus on
on the parent
the parent
when
when terminating parental rights, but §$ 2511(b)
2511(b) requires
requires a
a focus on the child.
child. In
I re Adoption of
CL. G., 956 A.2d
CL.G,956 A.2d 999, 1008
1008 (Pa.
(PA. Super. 2008) (en banc). Section
(en Section 2511(b)
2511(b) has
has been interpreted
interpreted as
as
aa best
"best interests" and
and "bond" analysis.
analysis. The
The Court should consider the "importance
"importance of continuity
continuity
Page
Page 45 of 48
•
0
of relationships
of relationships to because severing
to the child, because close parental
severing close ties is usually
parental ties usually extremely
extremely
painful ... the court
painful...the consider whether
court must consider whether aanatural parental bond exists between
parental bond child and
between child and parent
parent
and whether
whether termination would destroy
destroy an existing, necessary and beneficial relationship." In
beneficial relationship."
the Interest ofKZS.
the Interest K.ZS. 946 A.2d
A. 2d 753 (a.
(Pa. Sper.
Super. 2008).
"Section 251
Section 251 l(b) not explicitly
I(b) does not explicitly require
require a
abonding analysis
analysis and the term
term 'bond'
'bond'
is not defined in
in the Adoption Act. Case law, however, provides
provides that analysis ofthe
analysis of the emotional
bond, if any,
bond, any, between
between parent and child
child is afactor
is a factor to be considered" as
be considered" as part
part of our analysis.
of our analysis. In
re K K R. -S, 958 A2d
reK.K.R-S, A. 2d 529, 533 (PaSuper.2008). 'While parent's
(Pa Super.2008). "While emotional bond with his or
aparent's emotional
her child is aamajor aspect
aspect of the
the subsection 2511(b) best-interest analysis, it
it is nonetheless
only one of many factors
factors to
to be by the
be considered by the court
court when determining
determining what
what is in the best
is in best
child.""In
interest of the child. re MAR,,
In re N.A.M, 33 AM 95, 103
A.3d 95, 103 (Pa.Super.2011)
(Pa.Super.2011) (citing KKR -
S, 958
(citing KKR-S, 958
AM at
A2d at 533-36)
533-36).
"Mn
[Ila addition to
to aabond examination, the trial court can equally emphasize the
trial court the safety
safety
needs
needs of child, and
of the child, and should also consider
should also consider the
the intangibles, such as
intangibles, such as the
the love, comfort,
love, comfort,
security, and stability
security, stability the child
child might
might have with the foster parent.
the foster parent. Additionally,
Additionally, this Court
stated that
stated that the
the trial
trial court
court should
should consider
consider the importance of
the importance of continuity
continuity of
of relationships and
and
whether any existing parent- child bond be severed
bond can be severed without detrimental effects on the
child."
child."
Id
ld (quoting In
(quoting I re AS.,
AS, 11 AM 473, 483
1A.3d (Pa.Super.2010)); see also In re T.D., 949A.2d
483 (PaSuper.2010)); 949 A.2d 910,
(
920-23 (Pa.Super.2008), appeal denied,
PaSuper.2008), appeal denied 601 Pa.
Pa, 684, 970 A.2d 11481148 (2009) (affirming
(affirming the
termination of parental rights where
where "obvious
"obvious emotional ties exist
exist between T.D. and
and Parents,
but Parents are either unwilling or unable to satisfy the irreducible minimum requirements of
but
Page 46 of 48
49
•
parenthood," and where preserving
and where preserving Parents' rights would
Parents' rights would prevent T.D.
T.D. from being adopted
from being adopted and
and
attaining permanency). In re Adoption of
attaining C.J.P., 114A.3d
of C.JP., 114 A.3d 104,
104, 1050
1050 (Pa.
(Pa. Super. 2015).
Super. 2015)
While
Wile recognizing J.D. has
recognizing that I.D. has aabond with
with Dungee,
Dungee, Dr.
Dr. Crabtree's
Crabtree's testified that
that the
the
primary bond of the minor child is with his caregivers, Maternal
Matera! Grandfather and
and Step-
Step-
Grandmother. Crabtree accredited
accredited Maternal Grandfather with helping Father foster his bond
with J.D..
I.D.. In fact, Crabtree premised aarecommendation
recommendation for increased visitation
visitation between
Dungee and
Dungee J.D. on
and I.D, on the increase
increase not impacting the Minor Child's bond
not negatively impacting bond with his
caregivers. Crabtree testified, with his
testified, consistent with his bonding report, there
bonding analysis report, "there is
is a
a bond
J.D. and his maternal
between I.D. maternal grandparents
grandparents and there
there is a
a bond between
between J.D.
J.D. and his father.....
this evaluator concludes that the child would not suffer if the bond between the child and father
maternal grandparents.
were to be severed and the child continued to live with his maternal grandparents. Additionally,
Additionally,
and most importantly, Crabtree opined that the Minor Child would suffer no psychological
psychological harm
if termination of parental rights
rights was granted as to Father, but
bur that it would be deleterious
be "deleterious to the
Child"
ChR47' to him from
to separate him bis Grandparents.
from his Grandparents. In fiirther
further support
support of his position,
position, Crabtree
testified that:
that: "the
"the Minor
Minor Child has
has a secure bond
a secure bond [with
[with Grandparents] that should
Grandparents] that should not
not be
be
disturbed; "Father as primary caregiver is not in the best
disturbed; best interest of the child;" and Minor Child's
"best interests are best served if he is in the continuous care of the Grandparents."
Grandparents." Father did
not
not refute the conclusions of Crabtree and
and Father's testimony supports the
the conclusions voiced by
by
the expert.
the expert.
on the above, the
Based on the Court finds
finds that the Agency
Agency has established through
through clear and
and
convincing evidence the
the elements of 23 Pa.
of23 PA. C.S.A.
C.S.A. $§ 2511(b).
2511(b).
This Court
This Court having found that
that the
the Agency
Agency has established the
has established requirements of23
the requirements of 23 Pa.
Pa.
C.S.A. §2511(a)(1),
CS.A. §2511(a)(2), $§ 2511(a)(8)
52511(a1), $2511(a)02), and §2511(b)
2511(a)8) and $2511(b) of the Adoption
Adoption Act, by clear and
Aet, by
Page 47 of 48
Page
•
Ir
•
convincing evidence, it is
convincing is hereby
hereby ORDERED, ADJUDGED, and DECREED, that the parental
and DECREED, parental
rights
tights of Sean Dungee,
Dungee, II to minor child Judah Jacorey Dungee are hereby
Jacorey Dungee hereby TERMINATED
forever.
forever
The
The parental
parental rights
rights of Sean Dungee, II being hereby legal and
hereby terminated, legal physical
and physical
custody of the Minor Child, Judah Dungee
Dungee shall remain with Washington County Children and
Washington County
Youth Social Services and the Agency may proceed with adoption
adoption.
1
B T. COUR
/
FILED
JAN 10 203
JAN10 2023
JAMES ROM".
UGIMR OF WILY.S
Page
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