In the Int. of: A.A.H., Appeal of: B.H. ( 2021 )

J-A13041-21
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
IN THE INTEREST OF: A.A.H., A : IN THE SUPERIOR COURT OF
MINOR : PENNSYLVANIA
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APPEAL OF: B.H. JR., FATHER :
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: No. 276 EDA 2021
Appeal from the Order Entered January 25, 2021
In the Court of Common Pleas of Philadelphia County Juvenile Division at
No(s): CP-51-AP-0000484-2020
IN THE INTEREST OF: A.H., A : IN THE SUPERIOR COURT OF
MINOR : PENNSYLVANIA
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APPEAL OF: B.H. JR., FATHER :
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: No. 277 EDA 2021
Appeal from the Order Entered January 25, 2021
In the Court of Common Pleas of Philadelphia County Juvenile Division at
No(s): CP-51-DP-0002258-2016
IN THE INTEREST OF: B.L.H. JR., A : IN THE SUPERIOR COURT OF
MINOR : PENNSYLVANIA
:
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APPEAL OF: B.H. JR., FATHER :
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:
:
: No. 278 EDA 2021
Appeal from the Order Entered January 25, 2021
In the Court of Common Pleas of Philadelphia County Juvenile Division at
No(s): CP-51-AP-0000483-2020
IN THE INTEREST OF: B.H., A : IN THE SUPERIOR COURT OF
MINOR : PENNSYLVANIA
J-A13041-21
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APPEAL OF: B.H. JR., FATHER :
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: No. 279 EDA 2021
Appeal from the Order Entered January 25, 2021
In the Court of Common Pleas of Philadelphia County Juvenile Division at
No(s): CP-51-DP-0002257-2016
BEFORE: BENDER, P.J.E., DUBOW, J., and STEVENS, P.J.E.*
JUDGMENT ORDER BY STEVENS, P.J.E.: FILED JUNE 22, 2021
Appellant, B.H., Jr. (“Father”), files these consolidated appeals from the
decrees entered January 25, 2021, in the Philadelphia County Court of
Common Pleas, granting the petitions of the Philadelphia Department of
Human Services (“DHS”) to involuntarily terminate Father’s parental rights to
his minor, male child, B.L.H., Jr. a/k/a B.H., born in April 2011, and his minor,
female child, A.A.H. a/k/a A.H., born in April 2012 (collectively, “the
Children”), pursuant to the Adoption Act, 23 Pa.C.S.A. § 2511(a)(1), (2), (5),
(8) and (b). Father further appeals from the orders entered January 25, 2021
changing the Children’s permanent placement goal to adoption pursuant to
the Juvenile Act, 42 Pa.C.S.A. § 6351.1
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* Former Justice specially assigned to the Superior Court.
1 The children’s mother, N.B.’s (“Mother”), parental rights were terminated by
separate decrees entered the same date. Mother did not appeal these decrees
or the goal change orders.
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Subsequent to an adjudication of dependency in January 2017, DHS
filed petitions for the involuntary termination of parental rights and for a goal
change on December 28, 2020. The court conducted a combined
termination/goal change hearing on January 25, 2021, which was conducted
virtually due to the COVID-19 pandemic.
Father was present virtually with his counsel and the Children were
represented by a guardian ad litem and counsel, also referred to as a child
advocate. DHS presented the testimony of Tawanda Sewell, Community
Umbrella Agency (“CUA”) Case Manager; and Maternal Grandmother, A.B.
DHS further presented Exhibits DHS-1 through DHS-4 which were marked and
admitted. Additionally, Father testified on his own behalf.
At the conclusion of the hearing, the court terminated Father’s parental
rights and changed the Children’s permanent placement goals to adoption. By
separate decrees and orders entered January 25, 2021, the court
memorialized these findings.
Thereafter, on January 31, 2021, Father, through appointed counsel,
filed timely notices of appeal, along with concise statements of errors
complained of on appeal pursuant to Pa.R.A.P. 1925(a)(2)(i) and (b).
Pursuant to motion filed March 12, 2021, this Court consolidated Father’s
appeals on March 15, 2021.
On February 26, 2021, the court filed a Notice of Compliance with Rule
of Appellate Procedure 1925(a). See Trial Court’s Notice of Compliance with
Rule of Appellate Procedure 1925(a), 2/26/21. The court stated, in part, “The
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trial court’s primary statements regarding the termination of parental rights
appears after argument from counsel. . . .” Id. at 1 (unpaginated). The court
continued, “Furthermore, this [c]ourt addressed the determination that it is in
the best interest of the Child[ren] for a Goal Change to Adoption.” Id.
Following broad reference to the record, including witness testimony and
exhibits presented, the court further stated, “To the extent that the
Pennsylvania Superior Court believes that the trial court’s statements on the
record do not adequately address any issue on appeal, the trial court will
submit a supplemental opinion upon remand.” Id. at 1-2.
We remand the appeal to the trial court for it to file with this Court,
within thirty days, a Pa.R.A.P. 1925(a) opinion providing the reasons for its
decision to involuntary terminate Father’s parental rights and change the
Children’s permanent placement goal. We further direct the trial court to
address the issue raised by Father in his Rule 1925(b) Statement related to
the actions of the child advocate, which he claims were violative of In re
Adoption of L.B.M., 639 Pa. 428, 161 A.3d 172, 175, 180 (2017) (plurality).
Appeals remanded for the trial court to file an opinion with this Court
within thirty days. Jurisdiction retained.
Judge Dubow did not participate.
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Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 6/22/2021
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