In Re: C.F., Appeal of: M.K. ( 2021 )

J-S28032-21
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
IN THE INTEREST OF: C.J.F., A : IN THE SUPERIOR COURT OF
MINOR : PENNSYLVANIA
:
:
APPEAL OF: M.K., MOTHER :
:
:
:
: No. 1012 EDA 2021
Appeal from the Decree Entered April 29, 2021
In the Court of Common Pleas of Philadelphia County Juvenile Division at
No(s): CP-51-AP-0000207-2021
IN THE INTEREST OF: C.F., A MINOR : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
APPEAL OF: M.K., MOTHER :
:
:
:
:
: No. 1013 EDA 2021
Appeal from the Order Entered April 29, 2021
In the Court of Common Pleas of Philadelphia County Juvenile Division at
No(s): CP-51-DP-0000810-2019
BEFORE: BOWES, J., DUBOW, J., and PELLEGRINI, J.*
MEMORANDUM BY PELLEGRINI, J.: FILED OCTOBER 4, 2021
M.K. (Mother) appeals from the decree and order1 entered in the Court
of Common Pleas of Philadelphia County (trial court) involuntarily terminating
____________________________________________
* Retired Senior Judge assigned to the Superior Court.
1 We have consolidated Mother’s appeals from the decree and order sua
sponte.
J-S28032-21
her parental rights to her daughter, C.F. a/k/a C.J.F. (Child) (D.O.B. 11/2017)
and changing Child’s permanency goal to adoption.2 We affirm.
I.
A.
Child’s family first came to the attention of the City of Philadelphia
Department of Human Services (DHS) in July 2018 when DHS received a
General Protective Services (GPS) report concerning Child’s eleven-year-old
brother, D.K., who had been brought to St. Christopher’s Children’s Hospital
due to his suicidal and homicidal ideations. In May 2019, DHS learned of the
inappropriate sexual contact of Child’s older sibling, M.F., with a high school
student. On May 10, 2019, DHS met with Parents and M.F. at the family’s
home when Father became belligerent, using profanity and attempting to evict
DHS from the home. DHS observed that he had a lot of control over Mother
and the children.
On May 14, 2019, after it had conducted an unannounced home visit,
smelled cannabis and was unable to complete Parents’ interview or ascertain
Child’s safety (who was one-and-a-half years-old at the time of the visit)
because of Parents’ refusal to cooperate, DHS obtained an order of protective
custody (OPC). DHS removed Child from the home with police assistance and
____________________________________________
2 The parental rights of Child’s birth father, C.F. (Father), were also terminated
on April 29, 2021, and he has not appealed that decision. We refer to Mother
and Father collectively as “Parents.”
-2-
J-S28032-21
placed her in the care of her maternal grandparents (Maternal Grandparents)
where she has continuously remained with her siblings.
On May 16, 2019, a shelter care hearing was held at which the trial court
lifted the OPC and ordered Child’s temporary commitment to DHS to remain.
Mother was present at the hearing. It further ordered that Mother and Father
were to have separate supervised visits at the Community Umbrella Agency
(CUA).
On June 21, 2019, the trial court held an adjudicatory hearing at which
Mother was present, adjudicated the Child dependent, lifted the temporary
commitment and fully committed her to DHS. Parents’ visits were to continue
to be supervised and separate at the CUA. The court also ordered that Mother
sign all releases and consents; DHS/CUA refer Mother to the Achieving
Reunification Center (ARC) for parenting, domestic violence, employment,
healthy relationships and job training classes; Mother be referred to
Behavioral Health Systems (BHS) for consultation and/or evaluation; and
Mother’s Single Case Plan (SCP) for her older children be implemented. (Order
of Adjudication and Disposition, 6/21/19).
The court held several permanency review hearings. Mother’s
compliance with the permanency plan was found to be moderate on
September 18, 2019, substantial on December 13, 2019, and moderate again
on March 5, 2020. On September 11, 2020, the court found that Mother had
made minimal progress in alleviating the conditions that led to Child’s
-3-
J-S28032-21
placement. DHS was found to have made reasonable efforts for reunification
at all permanency review hearings. (See Permanency Review Orders,
9/18/19, 12/13/19, 3/05/20, 9/11/20, 1/22/21). At the September 11, 2020
hearing, the court listed the contested goal change hearing for March 8, 2021.
Mother attended the March 8, 2021 hearing. She was present when it
was continued until April 29, 2021, at the request of DHS, which was awaiting
Child’s birth certificate. (Status Review Order, 3/08/21).
B.
On April 14, 2021, DHS filed petitions for involuntary termination of
Mother’s parental rights and change of Child’s permanency goal to adoption.
(See Petition for Involuntary Termination of Parental Rights, 4/14/21; Petition
for Goal Change to Adoption, 4/14/21).
On April 29, 2021, the trial court held the contested goal
change/termination hearing for Child.3 Olivia Robinson, the CUA case
manager for the family; Victoria Richardson, the CUA case aid for the family,
as well as Maternal Grandmother appeared. Ms. Robinson testified on behalf
of DHS. Mother did not attend or submit any evidence. Ms. Robinson stated
that she had last spoken with Mother on April 16, 2021, and had advised her
of the hearing. She also reminded her about the hearing by email, text and
____________________________________________
3 The proceeding also involved a permanency review hearing for M.K. and D.K.
and Ms. Robinson testified on behalf of the CUA regarding these minors. Some
of her testimony was relevant to Mother’s behavior with all three children.
-4-
J-S28032-21
telephone between Monday, April 26, 2021, and the hearing on Thursday,
April 27, 2021. (See N.T. Hearing, 4/29/21, at 23-24).
Mother’s counsel objected to the timing of the service of notice of the
hearing. She argued that even though it was filed and sent via UPS overnight
on April 14, 2021, service was not achieved until April 15, 2021, making
service untimely by one day.4 (See id. at 32-34). The court noted the
objection and the hearing proceeded.
1.
Ms. Robinson testified that she was assigned to this case since the OPC
was obtained on May 14, 2019. (Id. at 35). Child came into care due to
behavioral health concerns, sexual acting out by Child’s older sister, M.F.,
conduct by the Parents and household members, concerns about domestic
violence in the home based on Father’s behavior and Parents’ previous refusal
to give DHS access to the home. Mother had not been consistently compliant
with her SCP objectives for reunification with Child or her siblings, which had
been the same throughout the life of the case: (1) sign releases and consents;
(2) participate in supervised visits as ordered by the trial court; (3) engage in
a BHS evaluation and consultation; (4) participate at ARC for healthy
____________________________________________
4 Pursuant to Rule 1124 of the Juvenile Act, interested parties must receive
notice of a change of goal proceeding 15 days before the scheduled hearing.
See Pa.R.J.C.P. 1124(B). The Adoption Act provides that DHS must provide
at least ten days’ notice of an involuntary termination of parental rights
hearing. See 23 Pa.C.S. § 2313(b).
-5-
J-S28032-21
relationships, employment and parenting; (5) family therapy when
appropriate; and (6) allow CUA to complete bi-weekly home assessments.
(See id. at 35-36).
Mother did not communicate regularly with her and when she did, she
was often aggressive and belligerent, communicating through “rude and
nasty” telephone calls and text messages. For example, she directed racial
epithets at Ms. Robinson and threatened to have her arrested and shot if she
conducted pop-up visits at the home. Despite this resistance, Ms. Robinson
consistently attempted to engage Mother in her objectives. Mother had Ms.
Robinson’s contact information throughout the life of the case. (See id. at
36-37, 58).
Ms. Robinson explained that Mother had been minimally compliant with
her SCP objectives for reunification with Child. For example, Mother failed to
enter the ARC Healthy Relationships program to address domestic violence
issues that had brought the Child into care, despite being referred to ARC after
the adjudicatory hearing and after every permanency review hearing
thereafter. Instead, she continued to deny that she was or had been in a
domestically violent relationship with Father. Although Mother claimed that
ARC never called her to arrange for an intake into the program, Ms. Robinson
testified that ARC did reach Mother to arrange for her to enroll in a parenting
class and informed her that she could contact ARC directly and enroll in the
program, but she failed to do so. DHS believed that Mother’s successful
-6-
J-S28032-21
engagement and completion of the domestic violence program was essential
for there to be a safe reunification with Child due to ongoing concerns that
Mother was still living with Father. Although Mother claimed that Father had
moved out of the family home in September 2019, he recently had texted Ms.
Robinson from Mother’s phone, stating that he had been living in the home
the entire time. Ms. Robinson also believed he still resided in the home
because she had seen a man’s shoes, clothing and other personal effects when
she visited the home after Father purportedly had moved out. When Ms.
Robinson asked Mother when Father had moved out of the home, she said she
did not know. (See id. at 17, 43, 47-48, 59-60).
Mother refused to allow CUA to conduct consistent bi-weekly home
assessments required by her SCP, which heightened Ms. Robinson’s concern
that Father still resided there. Mother did not explain why she refused to
permit the assessments, instead simply failing to respond to Ms. Robinson’s
requests to schedule them. The virtual home visits Ms. Robinson conducted
during the implementation of COVID restrictions did not allow her to determine
who was residing in the home because they were scheduled in advance and
their online nature did not permit her to fully see who was residing there.
These limitations, combined with Mother’s refusal to permit in-person
assessments, raised Ms. Robinson’s concerns about whether Child would be
safe in the home. (See id. at 45, 47, 61).
-7-
J-S28032-21
Mother was ordered to report for random drug screens and she did
report for some of them and those came back negative. However, Mother had
failed to appear for the screens for the last year prior to the
termination/change of goal hearing, attributing the failure to her work
schedule. (See id. at 45, 71-72).
Ms. Robinson had concerns about Mother’s mental health and stability
because of her erratic behavior in “cussing [her] out,” not allowing the CUA
into the home, threatening to have her arrested and threats to take Child from
Maternal Grandparents’ house. She failed to provide CUA with legible copies
of her paystub and work schedule, a signed lease indicating she had
appropriate housing, and documentation from her physician that she had been
prescribed medical marijuana and that she had a condition requiring it.
Although Mother signed the necessary consents for the medical documents,
when Ms. Robinson contacted Mother’s doctor, she was told that Mother was
no longer a patient and, therefore, no records could be provided. (See id. at
16, 22-23, 37, 42, 44-45, 63).
As to Child’s relationship with Mother, Mother’s initial supervised
visitation at the CUA progressed to once monthly visits in the community, with
CUA supervision. However, the new arrangement lasted approximately one
month until Mother failed to cooperate and declined to attend in-person
visitation due to the COVID pandemic. She recommenced visits when virtual
visitation was implemented from April 2020 to September 2020, but she did
-8-
J-S28032-21
so inconsistently. Maternal Grandmother was available to supervise virtual
visits, and although they would occur whenever Mother requested them, she
did not do so on a regular and consistent basis. When in-person visits were
reinstated in September 2020, Mother elected to continue virtual visits, citing
COVID concerns, and she started to visit more consistently. Mother agreed
to resume in-person visitation in March 2021 and attended one in-person
supervised visit at the agency on March 29, 2021, but then, without
explanation, she missed the next four consecutive visits that immediately
preceded the goal change/termination hearing. (See id. at 37-41, 70-71).
Ms. Robinson described the visits between Child and Mother as familial
but not parental, meaning that, although Child appeared to enjoy her visits
with Mother, her parental bond was more with her Maternal Grandparents. At
the time of the hearing, Child was three-and-one-half years old and had been
in her Maternal Grandparents’ care for approximately two years. While living
with them, Child developed and maintains close relationships with extended
family and her siblings, who also resided in the home. Ms. Robinson did not
believe that Child would suffer irreparable harm if Mother’s parental rights
were terminated because she is very young and had been with Maternal
Grandparents since she was placed in DHS care approximately two years prior.
Maternal Grandparents were willing to adopt Child and maintain a consistent
relationship between Child and Mother. Child looks to Maternal Grandparents
for all of her needs, is doing well in the home and is developing on target for
-9-
J-S28032-21
her age. Ms. Robinson believed it would be in Child’s best interest to terminate
Mother’s parental rights to free Child to be adopted since Mother has been
non-compliant with her objectives for reunification. (See id. at 38, 48-49,
56-58, 65, 75).
2.
At the close of testimony, counsel made oral argument5 after which the
trial court found that DHS met its burden by clear and convincing evidence.
Specifically, it found that although Mother achieved some level of compliance
with her SCP objectives, there were many areas where she failed to comply.
For example, her visits were inconsistent, she failed to complete the Healthy
Relationships program as ordered and she refused bi-weekly home
evaluations. Observing that consideration of petitions for termination of
parental rights requires balancing the parent’s right to her children and the
children’s best interest, the court found that Mother and Child do not have a
parental bond and Child would not suffer irreparable harm if parental rights
were terminated. In considering whether termination was in Child’s best
interest, the court noted that Child had been with her Maternal Grandparents
since she was one-and-a-half years old in May 2019 and that she also was
placed with her siblings. Maternal Grandparents met all of her
“developmental, physical, and emotional needs, and are providing her with
____________________________________________
5 Mother’s counsel did not argue about any service issue.
- 10 -
J-S28032-21
what’s necessary for a healthy childhood.” (See id. at 96). The trial court
explained that “Children do need permanency and can’t wait indefinitely for
parents to follow through with their reunification objectives.” (Id.); (see id.
at 94-96).
Based on the foregoing, the trial court involuntarily terminated Mother’s
parental rights pursuant to 23 Pa.C.S. §§ 2522(a)(1), (2), (5), (8) and (b)
and changed Child’s goal to adoption. Mother filed timely notices of appeal to
the court’s decree6 and order. Both Mother and the trial court have complied
with Rule 1925. See Pa.R.A.P. 1925.7
On appeal, Mother maintains that the trial court abused its discretion in
terminating her parental rights because there was not clear and convincing
evidence that she fell within 23 Pa.C.S. §§ 2522(a)(1), (2), (5), (8) and (b).
____________________________________________
6 Despite filing a notice of appeal as to the court’s April 29, 2021 order
changing Child’s goal from reunification to adoption, Mother neither raises an
issue challenging the change of goal nor makes any argument about it.
Therefore, any issue regarding change of goal is waived for our review.
7 Mother complains that the trial court’s Rule 1925(a) opinion is impermissibly
vague and requires that we remand this matter for preparation of a new
opinion. (See Mother’s Brief, at 19-20). However, the trial court’s Rule
1925(a) submission advises this Court that we can locate the reasons for its
decision at pages 94-97. (See Trial Court’s Notice of Compliance with
Pa.R.A.P. 1925(a), 6/08/21). This complies with Rule 1925(a), and Mother’s
argument to the contrary lacks merit. See Pa.R.A.P. 1925(a) (“[I]f the
reasons for the order [being appealed] do not already appear of record, [the
authoring judge] shall file of record at least a brief opinion of the reasons for
the order … or shall specify in writing the place in the record where such
reasons may be found.”).
- 11 -
J-S28032-21
(Mother’s Brief, at 3-4). The crux of her argument is that she has cooperated
with DHS and the CUA, was complying with the objectives of her SCP, there
was no proof of domestic violence, and she did not intend to relinquish her
rights to Child. (See id. at 8). She also claims that DHS did not provide
proper notice of the hearing because it was sent to the wrong address and
that trial counsel was ineffective for not arguing this claim. (See id.).
II.
A.
We address Mother’s notice claim first. Mother cites to Rule 1124(B) of
the Pennsylvania Juvenile Act8 in support of her claim that service of the goal
change and termination petitions was not proper because DHS sent the
petitions via overnight UPS, who left it at the front door of 6760 Hegerman
Street, Philadelphia, which was not the address provided in the February 11,
2021 Parent Locator Search (PLS). She contends that the address identified
by the February 11, 2021 PLS is 6648 Vandike Street, Philadelphia, which is
____________________________________________
8 Pursuant to the Juvenile Act, the court or its designee must give written
notice of a goal change and permanency hearing to all parties, including the
juvenile’s parents, either “in person[] or by certified mail, return receipt and
first-class mail” 15 days prior to the scheduled hearing. Pa.R.J.C.P. 1124(B),
1601(B), Comment; see also Pa.R.J.C.P. 1124(A). However, as we state in
notes 6 and 13, Mother waived any issue regarding change of goal under the
Juvenile Act and argues only about the termination of her parental rights,
which is guided by the Adoption Act. See 23 Pa.C.S. § 2313(b).
- 12 -
J-S28032-21
where trial and appellate counsel and the CUA had contacted her.9 (See
Mother’s Brief, at 19). Mother claims she did not know about the April 29,
2021 hearing because she did not receive the petitions, and that service was
improper because it was not personal service by certified mail, return receipt
requested, thus violating her constitutional rights. (See id.).
As noted by Child’s counsel, this issue is waived. First, although trial
counsel raised the issue of service at the hearing, she objected to the timing
of service, not its location or method. (See N.T. Hearing, 32-34); see also
Pa.R.A.P. 302(a) (“Issues not raised in the trial court are waived for our
review.”). As Child’s legal advocate notes, Mother does not allege that she
does not reside at 6760 Hegerman Street, only that the February 11, 2021
PLS reflected a different address. If that issue had been raised, evidence could
have been adduced as to where she lived, and any constitutional challenges
regarding lack of notice could have been addressed squarely by the trial
court.10 Additionally, Mother provides no legal citation or discussion thereof
____________________________________________
9 As Child’s legal advocate notes, Mother does not allege that she does not
reside at 6760 Hegerman Street, only that the February 11, 2021 PLS
reflected a different address.
10 We note that DHS has appended an April 8, 2021 PLS conducted three
weeks before the hearing that reflects Mother’s address as the Hegerman
Street address to which the petitions were then served. (See DHS’s Brief, at
Appendix A). Although we mention this for the sake of providing a full history,
it is well-settled that this Court may not consider documents that are not part
of the certified record and are only included in a party’s brief. See
(Footnote Continued Next Page)
- 13 -
J-S28032-21
to support her claim that a violation of Rule 1124(b) violates her constitutional
rights. (Mother’s Brief, at 19); see Commonwealth v. Sherwood, 982 A.2d
483, 496 (Pa. Super. 2009) (failure to develop argument with adequate
discussion and supporting legal citation waives claim); Pa.R.A.P. 2119(a)-(c).
Moreover, to the extent that she argues that counsel’s failure to object
to the method or location of service was ineffective assistance, no relief is due.
Where ineffective assistance of counsel claim is made in a
termination of parental rights proceeding, this Court must
determine:
whether on the whole, the parties received a fair hearing, the
proof supports the decree by the standard of clear and convincing
evidence, and upon review of counsel’s alleged ineffectiveness,
any failure of his stewardship was the cause of a decree of
termination. Mere assertion of ineffectiveness of counsel is not
the basis of a remand or rehearing, and despite a finding of
ineffectiveness on one or more aspects of the case, if the result
would unlikely have been different despite a more perfect
stewardship, the decree must stand.
In re Adoption of T.M.F., 573 A.2d 1035, 1044 (Pa. Super. 1990).
Our review of Mother’s brief confirms the argument of both DHS and
Child’s counsel that Mother fails to provide any discussion or argument on the
ineffectiveness claim other than to mention that trial counsel argued that she
was not served in a timely manner, not that she was not served at all. (See
Mother’s Brief, at 8, 19). The ineffectiveness issue is waived on this basis and
____________________________________________
Commonwealth v. Preston, 904 A.2d 1, 6-7 (Pa. Super. 2006), appeal
denied, 916 A.2d 632 (Pa. 2007).
- 14 -
J-S28032-21
Mother is due no relief. See T.M.F., supra at 1044; see also
Commonwealth v. B.D.G., 959 A.2d 362, 371–72 (Pa. Super. 2008) (“When
an appellant fails to develop his issue in an argument and fails to cite any legal
authority, the issue is waived.”).
Moreover, we do not find the notice argument persuasive. Mother was
present at the January 22, 2021 permanency review hearing. (See
Permanency Review Order, 1/22/21, at 1). As a result of that hearing, a
March 8, 2021 permanency review/contested goal change hearing was
scheduled and both Mother and her counsel were served with the order. (See
id. at 2). Mother attended the March 8, 2021 hearing when it was continued
at the request of DHS to enable it to obtain Child’s birth certificate. (See
Status Review Order, 3/08/21, at 1). The March 8, 2021 Status Review Order
scheduled a permanency review hearing for April 29, 2021. (See id.). In
addition, Ms. Robinson met with Mother on April 16, 2021, after the petitions
had been filed, and then emailed, texted and left messages by telephone
about the hearing in the days immediately preceding it. (See N.T. Hearing,
at 23-24). Ms. Robinson testified that this was how she had always contacted
Mother in the past. (See id. at 24).
Based on the foregoing, DHS notified Mother of the hearing and any
allegation that her constitutional rights were violated because she was not
provided notice or that counsel was ineffective for not raising this challenge
would lack merit, even if not waived.
- 15 -
J-S28032-21
B.
Mother argues that the trial court erred in involuntarily terminating her
parental rights.11 Section 2511 of the Adoption Act governs involuntary
termination of parental rights. See 23 Pa.C.S. § 2511. It requires a bifurcated
analysis.
... Initially, the focus is on the conduct of the parent. The party
seeking termination must prove by clear and convincing evidence
that the parent’s conduct satisfies the statutory grounds for
termination delineated in Section 2511(a). Only if the court
determines that the parent’s conduct warrants termination of his
or her parental rights does the court engage in the second part of
the analysis pursuant to Section 2511(b): determination of the
needs and welfare of the child under the standard of best interests
of the child. One major aspect of the needs and welfare analysis
concerns the nature and status of the emotional bond between
parent and child, with close attention paid to the effect on the child
of permanently severing any such bond.
In re L.M., 923 A.2d 505, 511 (Pa. Super. 2007) (citations omitted).
The trial court found that DHS met its burden of proof under 23 Pa.C.S.
§ 2511(a)(1), (2), (5), and (8), as well as (b). The certified record supports
the decree pursuant to Section 2511(a)(1) and (b), which provide as follows.
(a) General Rule.—The rights of a parent in regard to a child
may be terminated after a petition filed on any of the following
grounds:
____________________________________________
11 “The standard of review in cases involving the termination of parental rights
is limited to the determination of whether the orphans’ court’s decree is
supported by competent evidence.” In re Julissa O., 746 A.2d 1137, 1139
(Pa. Super. 2000) (citations omitted). “Where the hearing court’s findings are
supported by competent evidence, an appellate court must affirm the hearing
court even though the record could support the opposite result.” Id. (citation
omitted).
- 16 -
J-S28032-21
(1) The parent by conduct continuing for a period of at least
six months immediately preceding the filing of the petition either
has evidenced a settled purpose of relinquishing parental claim to
a child or has refused or failed to perform parental duties.
***
(b) Other considerations.—The court in terminating the rights
of a parent shall give primary consideration to the developmental,
physical and emotional needs and welfare of the child. The rights
of a parent shall not be terminated solely on the basis of
environmental factors such as inadequate housing, furnishings,
income, clothing and medical care if found to be beyond the
control of the parent. With respect to any petition filed pursuant
to subsection (a)(1), (6) or (8), the court shall not consider any
efforts by the parent to remedy the conditions described therein
which are first initiated subsequent to the giving of notice of the
filing of the petition.
23 Pa.C.S. § 2511(a)(1), (b); see also In re B.L.W., 843 A.2d 380, 384 (Pa.
Super. 2004) (stating that we need only agree with the trial court as to any
one subsection of Section 2511(a), as well as Section 2511(b), in order to
affirm).
“Although it is the six months immediately preceding the filing of the
petition that is most critical to the analysis, the trial court must consider the
whole history of a given case and not mechanically apply the six-month
statutory provision.” In re B.N.M., 856 A.2d 847, 855 (Pa. Super. 2004),
appeal denied, 872 A.2d 1200 (Pa. 2005) (citation omitted). “Parental duty
requires that the parent act affirmatively with good faith interest and effort,
and not yield to every problem, in order to maintain the parent-child
relationship to the best of his or her ability, even in difficult circumstances.”
- 17 -
J-S28032-21
Id. (citation omitted). “A parent must utilize all available resources to
preserve the parental relationship, and must exercise reasonable firmness in
resisting obstacles placed in the path of maintaining the parent-child
relationship.” Id. (citation omitted). A parent has “an affirmative duty to
work toward the children’s return[,]” [which,] “at minimum, requires a
showing by the parent of a willingness to cooperate with the agency to obtain
the rehabilitative services necessary for the performance of parental duties
and responsibilities.” In re Julissa O., supra at 1141 (citations omitted).
1.
Mother argues that she has cooperated with DHS and the CUA
throughout the case, has visited with Child, has complied with her SCP
objectives and did not intend to relinquish her claim to Child. She also
contends that DHS has failed to prove domestic violence by clear and
convincing evidence.
The trial court observed that:
Termination of parental rights decisions are not made hastily nor
taken lightly. The [c]ourt has to balance … the right of a parent
to their children but also what’s in the best interest of children. In
all of these cases when children are placed parents are given
[SCP] objectives with the hope that they comply and are able to
have full compliance as well as make progress.
It’s the [c]ourt’s finding in this case that [] Mother … [has
not] done that. While Mother has had some compliance with her
[SCP] … objectives and has visited, the testimony also reflects
that the visits go well but are inconsistent. And for some reason
[in] the past few weeks she has failed to do so.
- 18 -
J-S28032-21
The testimony is that the visits went well but were
inconsistent. September of 2020 supervised … at the [CUA] and
were virtual until March of 2021. She visited March 29 th … and
then for some reason missed the next four. Unfortunately, she
failed to complete [H]ealthy [R]elationships as was court ordered.
And she refused to do the bi-weekly home evaluation. … [She]
failed to comply with the SCP objectives and has failed to make
progress … to alleviate the need for placement.
(N.T. Hearing, at 94-96).
The record supports the trial court’s findings. It is undisputed that Child
was removed from the home because of behavioral health issues due, in large
part, to concerns about domestic abuse, and that she has spent most of her
young life in the care of her Maternal Grandparents. Ms. Robinson testified
that Mother failed to consistently comply with her SCP objectives for
reunification with Child. For instance, although Ms. Robinson testified that
Mother has engaged in some court-ordered supervised visitation, her
compliance has been inconsistent over the life of the case, including most
recently missing the four visits immediately preceding the hearing.
Mother refused to attend the ARC Healthy Relationships program to
address concerns about domestic abuse in the home, which DHS believed was
essential for there to be a safe reunification with Child.12 Instead, Mother
____________________________________________
12 Mother claims that any issue of domestic abuse only involved Father and
Child’s older sibling. (See Mother’s Brief, at 16). However, this admits there
were abuse concerns in the home. Additionally, the issue before the court
was whether Mother complied with all SCP objectives, including that she
attend Healthy Relationships, which the evidence established she did not.
- 19 -
J-S28032-21
denied there was any domestic abuse and claimed Father had moved out.
However, Mother was not sure when he vacated the premises, Father called
Ms. Robinson from Mother’s phone to advise he had never moved out, and on
the rare instances Mother had allowed home assessments, Ms. Robinson saw
men’s clothing, shoes and personal effects. The fact that Mother only
sporadically allowed CUA to complete home assessments, despite being court-
ordered to permit them to visit bi-weekly, further heightened DHS’s concern
that Father was still in the home, thus putting Child in danger.
This is clear and convincing evidence that Mother has evidenced a
settled purpose of relinquishing her parental claim to Child by refusing to meet
her objectives, cooperate with the CUA and ARC, and utilize all available
resources to preserve the parental relationship and perform her parental
duties. See In re Julissa O., supra at 1141. The trial court did not abuse
its discretion in finding that DHS presented sufficiently clear and convincing
evidence to support termination pursuant to Section 2511(a)(1). See id.C.
Having determined that the court properly found that termination of
Mother’s parental rights was appropriate under subsection 2511(a)(1), we
now consider whether termination is in the Child’s best interest pursuant to
subsection 2511(b).
With respect to Section 2511(b), our analysis focuses on the effect
that terminating the parental bond will have on the child. In
particular, we review whether termination of parental rights would
best serve the developmental, physical, and emotional needs and
- 20 -
J-S28032-21
welfare of the child. It is well settled that intangibles such as love,
comfort, security, and stability are involved in the inquiry into
needs and welfare of the child.
One major aspect of the “needs and welfare” analysis
concerns the nature and status of the emotional bond that the
child has with the parent, with close attention paid to the effect
on the child of permanently severing any such bond. The fact that
a child has a bond with a parent does not preclude the termination
of parental rights. Rather, the trial court must examine the depth
of the bond to determine whether the bond is so meaningful to
the child that its termination would destroy an existing, necessary,
and beneficial relationship. Notably, where there is no evidence
of a bond between the parent and child, it is reasonable to infer
that no bond exists.
It is sufficient for the trial court to rely on the opinions of
social workers and caseworkers when evaluating the impact that
termination of parental rights will have on a child. The trial court
may consider intangibles, such as the love, comfort, security, and
stability the child might have with the foster parent.
Int. of K.M.W., 238 A.3d 465, 475 (Pa. Super. 2020) (case citations and
most quotation marks omitted).
Mother argues that she and Child “have not been given the opportunity
to bond, with increased periods of visitation and more unsupervised visits,
than overnight visits.” (Mother’s Brief, at 18).
However, the trial court found that:
The testimony reflects that while Mother and [C]hid have a bond,
there is no parental bond. And that [] irreparable harm would
[not] be suffered by [Child] if [Mother’s] parental rights were
terminated.
Alternatively, Child has been with [Maternal Grandparents]
since May of 2019. She is also placed with her siblings and other
extended relatives. … The testimony reflects that [] Maternal
Grandparents provide for her needs.
- 21 -
J-S28032-21
And they attend to her developmental, physical, and
emotional needs, and are providing her with what’s necessary for
a healthy childhood. It’s this [c]ourt’s finding that these needs
are being met by the grandparents and not by [Mother]. And that
it would be in her best interest that the parental rights of Mother[]
… be terminated[.]
(N.T. Hearing, at 95).
The evidence supports the trial court’s conclusion that terminating
Mother’s parental rights is in Child’s best interests. Ms. Robinson described
the inconsistent supervised visits between Child and Mother as familial but not
parental. Child was three-and-a-half years of age at the time of the hearing
and had resided with Maternal Grandparents for two of those years. Ms.
Robinson testified that Child looked to them for all her needs, is doing well in
the home and developing on target for her age. She explained that she did
not believe Child would suffer irreparable harm if Mother’s parental rights were
terminated because she is very young and had been with Maternal
Grandparents most of her life. She also believed it would be in Child’s best
interest to terminate parental rights to allow her to be adopted by Maternal
Grandparents, who are willing to adopt her and maintain a consistent
relationship between Child and Mother.
Accordingly, the record supports the trial court’s finding that DHS
established that the termination of Mother’s parental rights would best serve
the Child’s interests, and we find no abuse of discretion in its decision to
- 22 -
J-S28032-21
terminate Mother’s parental rights to Child and to change her goal to
adoption.13
Decree and Order affirmed.
Judge Bowes joins the memorandum.
Judge Dubow did not participate in the consideration or decision of this
case.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 10/4/2021
____________________________________________
13 As we previously noted, despite filing a notice of appeal as to the court’s
April 29, 2021 order changing Child’s goal from reunification to adoption,
Mother raises no issue challenging the change of goal and makes no argument
about it. Therefore, any specific challenge to the April 29, 2021 change of
goal order is waived.
- 23 -