In the Interest of: F.N.H. a/k/a F.G., a Minor

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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
IN THE INTEREST OF: F.N.H. A/K/A : IN THE SUPERIOR COURT OF
F.G., A MINOR : PENNSYLVANIA
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APPEAL OF: A.H., MOTHER :
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: No. 3267 EDA 2016
Appeal from the Decree and Order Entered September 15, 2016
In the Court of Common Pleas of Philadelphia County
Family Court at No(s): CP-51-AP-0000555-2016,
CP-51-DP-0126930-2006
IN THE INTEREST OF: K.J.H., JR. : IN THE SUPERIOR COURT OF
A/K/A K.H., A MINOR : PENNSYLVANIA
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APPEAL OF: A.H., MOTHER :
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: No. 3269 EDA 2016
Appeal from the Decree and Order Entered September 15, 2016
In the Court of Common Pleas of Philadelphia County
Family Court at No(s): CP-51-AP-0000556-2016,
CP-51-DP-0002178-2013
BEFORE: BENDER, P.J.E., RANSOM, J., and FORD ELLIOTT, P.J.E.
MEMORANDUM BY RANSOM, J.: FILED APRIL 12, 2017
A.H. (“Mother”) appeals from the decrees dated and entered on
September 15, 2016, terminating her parental rights to her children, F.N.H.,
a/k/a F.G. (a female born in January of 2006), and K.J.H., Jr. a/k/a K.H. (a
male born in March of 2011) (collectively, the “Children”), pursuant to the
Adoption Act, 23 Pa.C.S.A. § 2511(a)(1), (2), (5), (8), and (b), and the
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orders dated and entered on September 15, 2016, changing the Children’s
permanency goal to adoption pursuant to the Juvenile Act, 42 Pa.C.S.A.
§ 6351.1 We affirm.
The trial court summarized the factual and procedural history of this
matter as follows:
On March 10, 2004, Mother's family became known to the
Department of Human Services (DHS) through a General
Protective Services (GPS) report alleging that the Mother's family
had been referred for services due to truancy issues regarding
the Children's siblings, [P.], [B.] and [J.], and that the Children's
Mother was noncompliant with services. The report also alleged
that [P.], [B.] and [J.] had not attended school for two months.
The report further alleged that Mother had a history of mental
health problems.
On March 23, 2005, DHS received a GPS report alleging that
DHS had been involved with the family in the past due to [P.],
[B.] and [J.]'s truancy issues; that the family relocated to
Delaware County for one year; that during that time, [P.] and
[B.] attended school for only two months. The report also
alleged that the family relocated to Philadelphia in April 2005,
and that the children were not enrolled in school. The report
further alleged that Mother suffered from depression, and that
she took her medication sporadically or not at all.
On February 1, 2006, DHS received an Emergency General
Protective Services (EGPS) report alleging that Mother had no
pre-natal care prior to giving birth to F.N.H.; that Mother
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1
In separate decrees dated and entered on July 5, 2016, the trial court
involuntarily terminated the parental rights of P.L.C., Jr., a/k/a P.G.,
(“Father”), the father of F.N.H. a/k/a F.G., and K.A.J. a/k/a K.J., the father
of K.J.H., Jr., a/k/a K.H., and the unknown fathers of the Children. Neither
father nor any unknown father has filed an appeal from the decrees
terminating his parental rights to the Children or the order changing the
Children’s permanency goal to adoption, nor is any of these individuals a
party to the instant appeal.
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suffered from depression; and that Mother provided conflicting
information regarding where she resided and who had custody of
[P.], [B.] and [J.]. The report also alleged that F.N.H. was ready
to be discharged from the Hospital of the University of
Pennsylvania (HUP).
On February 7, 2006, DHS implemented Services to Children in
their Own Homes (SCOH) level II through Family Support Center
to assist Mother with obtaining mental health treatment and to
monitor the supervision of F.N.H. In or about August 2006,
Mother failed to take F.N.H. to a medical appointment to update
her immunizations. In or about November 2006, the family's
benefits through the Department of Public Assistance (DPA) were
terminated, and Mother failed to have the benefits reinstated. In
or about December 2006, Mother and the F.N.H. resided in a
shelter for approximately one week. At this time F.N.H.'s
immunizations were updated. F.N.H. was next scheduled for a
medical appointment on January 30, 2007. Between April 4,
2007 and August 14, 2008, DHS placed F.N.H. with the maternal
grandfather [W.O.]. On March 25, 2011, Mother gave birth to
K.J.H, and on December 10, 2012, DHS implemented In -Home
Protective Services (IHPS) through Family Support Services
(FSS) into the home of W.O. and eventually a Safety Plan was
developed for the Children determining that they would reside
with W.O.
On or around July 15, 2013, DHS learned that Mother had taken
the Children from W.O.'s home and had them at 5237 Irvine
Street, Philadelphia, PA where she had previously rented through
the Shelter Plus program and she had been recommended for
eviction from this home. DHS contacted Mother and told her to
return the Children to W.O.'s home. Mother complied with DHS'
request. On or around July 19, 2013, a meeting was held at
W.O.'s home with Mother, W.O., DHS, and the agency. Mother
was again instructed not to take the children from the home of
W.O.. On July 19, 2014, the Consortium developed a letter
stating that Mother was receiving treatment for Attention Deficit
Hyperactivity Disorder (ADHD) and schizophrenia. On August 29,
2013, DHS learned that IHPS had made several attempts to visit
the children in W.O.'s care, but there was no response. It was
alleged that W.O. also failed to return the agency's telephone
calls. On August 30, 2013, a meeting was held at W.O.'s home
with Mother, W.O., DHS, and the agency. DHS learned that
Mother had failed to receive any mental health treatment W.O.
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stated that he had been home when IHPS had attempted to visit
the home, but he did not hear them at the door. DHS learned
that Mother often spent nights in the home of the maternal
grandmother [A.H.] ("Maternal Grandmother"). DHS further
learned that F.N.H. and K.J.H. would sleep on the floor or couch
at the home of the Maternal Grandmother.
On September 13, 2013, W.O. stated that he was no longer
willing to care for the Children and gave DHS a thirty-day notice.
Thereafter, DHS learned that the Children were no longer in
W.O.'s care and their whereabouts were unknown. On October 3,
2013, DHS received a GPS report alleging that F.N.H., K.J.H.,
[P.] and Mother were residing in a home that lacked running
water because the water service was disconnected; that the
home was filthy and had a foul odor emanating from inside; and
that there were bags of trash containing dirty diapers, garbage
and roaches in the backyard of the home. The report also alleged
that F.N.H. was dirty and unkempt; that she lacked clean
clothes. The report further alleged that Mother was unemployed
and that there was no information available regarding the
Children's fathers.
On or around October 19, 2013, DHS learned that Mother was
residing with the Children in the home of Maternal Grandmother
located at 359 Paxon Street, Philadelphia, PA. On October 21,
2013, DHS learned that F.N.H. had attended school sporadically
over the past few weeks. On October 23, 2013, DHS - learned
that F.N.H. was present at school. The police were contacted and
asked to transport F.N.H. to DHS. DHS obtained an Order for
Protective Services (OPC) for F.N.H. and placed F.N.H. in foster
care through Children's Choice, Inc. F.N.H. was very upset about
being placed and stated that she did not want to reside
anywhere without K.J.H.
DHS learned that F.N.H. had informed school staff at Lamberton
Elementary School that she had been sleeping in a car with
Mother and K.J.H. for approximately one week. F.N.H. later told
DHS that she thought that K.J.H. was with Mother at the home
on Irvine Street, Philadelphia, PA. Mother stated that she
received mental health services though Belmont Behavioral
Health, but DHS was unable to confirm this statement. The
identity and whereabouts of F.N.H.'s father was unknown to
DHS. The whereabouts of K.J.H.'s father, Mr. Jones was
unknown to DHS.
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At a shelter care hearing held on October 25, 2013, Mother
appeared before the Honorable Jonathan Q. Irvine, who lifted the
OPC and ordered the temporary commitment of F.N.H. to stand.
The Court ordered that F.N.H. may be moved with appropriate
family resource prior to next court listing and that Mother
receive twice weekly supervised visits with F.N.H. at the provider
agency. On October 29, 2013, DHS filed an Urgent Petition for
K.J.H. At the adjudicatory hearing held on October 31, 2013, the
Children's maternal cousin, Crystal Savage, appeared before
Judge Irvine, who discharged the temporary commitment of
F.N.H. to DHS, committed the Children. to DHS, and adjudicated
the Children dependent. The Court ordered that Mother receive
twice weekly supervised visits at the provider agency; that DHS
obtain copies of the Children's birth certificates; and that IHPS
be discharged.
On May 18, 2015, CUA held a Single Case Plan (SCP) meeting.
The objectives identified for Mother were: (1) to attend
supervised visits twice a week for two hours each; 2) to explore
family therapy; and (3) to attend the Consortium twice a week
for mental health treatment. At the permanency review hearing
held on August 18, 2015, Mother appeared before Judge Irvine,
who ordered that F.N.H. and K.J.H. remain as committed; that
Mother receive unsupervised community visits in addition to
once per monthly supervised visit by the provider agency; and
that Mother's therapist provide a full report regarding her
attendance, progress, treatment and diagnosis.
On August 25, 2015, CUA revised the SCP. The objectives
identified for Mother were: (1) to attend unsupervised visits
weekly and ensure the children are safe during the visits; and
(2) to attend Belmont Behavioral Health to address mental
health issues and comply with recommendations. On November
5, 2015, Belmont Behavioral Health issued a letter stating that
Mother had been receiving outpatient mental health services
since June 19, 2015; that her current diagnosis was Major
Depression; that she was prescribed Celexa 20 mg daily to treat
depression; and that she had been attending weekly therapy
sessions and her medication.
At the permanency review hearing held on January 22, 2016,
Mother appeared before Judge Irvine, who ordered that the
Children remain as committed; that Mother's visits were to be
modified to supervised; that Mother receive two random drug
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and alcohol screens prior to next court listing; and that Mother's
therapist provide a full report prior to the next listing. CEU's
Report as to Mother was incorporated by reference. On February
17, 2016, CUA revised the SCP. The objectives identified for
Mother were: (1) to attend supervised visits weekly and ensure
the children are safe during the visits; (2) to attend Belmont
Behavioral Health to address mental health issues and comply
with recommendations and to alert CUA if therapy provider is
changed; (3) to appear at CEU for screenings and
recommendations; and (4) to alert CUA of any housing prospects
and /or programs.
At the permanency review hearing held on February 26, 2016,
Mother appeared before Judge Irvine, who ordered that F.N.H.
and K.J.H. remain as committed; that Mother be referred to the
CEU for an assessment, monitoring, a forthwith drug and alcohol
screen and three random drug and alcohol.
On April 18, 2016, CUA visited Mother at her new home located
at 5317 Girard Avenue, Philadelphia, PA and Mother informed
CUA that she was not attending treatment at Belmont Behavioral
Health at that time. She was unable to provide any contact
information for any program she was attending Mother visited
the Children at Wordsworth's facility. The case manager
observed that K.J.H. did not share much time with Mother and
that he played independently or with F.N.H.
On May 13, 2016, CUA again revised the SCP. The objectives
identified remained the same as the previous SCP. On May 16,
2016, CUA visited F.N.H. at the home of her caregiver. K.N.H.
told CUA she disliked visitation on Saturdays because she felt
she missed too much of her weekend; that she did not want to
be reunified with Mother because she did not trust her due to
many disappointments; and that she liked being in the care of
the caregiver. The caregiver stated that F.N.H. was doing well in
the home.
On June 17, 2016, DHS filed separate Petitions for the
Involuntary Termination of Parental Rights in reference to
Mother and K.J.H. and F.N.H. On September 15, 2016, the Court
held a hearing on the respective Petitions to Terminate the
Parental Rights of the Mother, as to the Children. After a full
hearing on the merits, the Court found clear and convincing
evidence and that Mother failed to achieve her drug and mental
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treatment objectives and involuntarily terminated the parental
rights of Mother as to Children. Thereafter, Mother filed the
instant Appeal on October 13, 2016.
Trial Court Opinion, 11/29/16, at 2-9 (citations omitted).
On June 17, 2016, the Philadelphia Department of Human Services
(“DHS” or “the Agency”) filed petitions to involuntarily terminate Mother’s
parental rights to the Children, and petitions to change the permanency goal
for the Children to adoption.
On September 15, 2016, the trial court held an evidentiary hearing on
the termination and goal change petitions. In decrees and orders dated and
entered on September 15, 2016, the trial court found clear and convincing
evidence to terminate Mother’s parental rights to the Children under section
2511(a)(1), (2), (5), (8), and (b) of the Adoption Act, and change the
Children’s permanency goal to adoption under section 6351 of the Juvenile
Act. On October 13, 2016, Mother timely filed a notice of appeal with
concise statement of errors complained of on appeal pursuant to Pa.R.A.P
1925(a)(2)(i) and (b) with regard to each child. On November 14, 2016,
this Court, acting sua sponte, consolidated the appeals.
In her brief on appeal, Mother raises the following issues:
1. Did the Trial Court err when it found that the Department of
Human Services by clear and convincing evidence had met its
burden to terminate Appellant’s parental rights pursuant to 23
Pa.C.S.A. § 2511(a)(1), § 2511(a)(2), §2511(a)(5) and
§ 2511(a)(8)?
2. Did the Trial Court err when it found that the termination of
[M]other’s parental rights was in the children’s best interests and
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that the Department of Human Services had met its burden
pursuant to 23 Pa.C.S.A. §2511(b)?
3. Did the Trial Court err in changing the permanent placement
goal from reunification to adoption?
Mother’s Brief, at vi.
In reviewing an appeal from a decree terminating parental rights, we
adhere to the following standard:
[A]ppellate courts must apply an abuse of discretion
standard when considering a trial court’s determination of a
petition for termination of parental rights. As in dependency
cases, our standard of review requires an appellate court to
accept the findings of fact and credibility determinations of the
trial court if they are supported by the record. In re: R.J.T.,
608 Pa. 9, 9 A.3d 1179, 1190 (Pa. 2010). If the factual findings
are supported, appellate courts review to determine if the trial
court made an error of law or abused its discretion. Id.; R.I.S.,
[614 Pa. 275, 284,] 36 A.3d 567, 572 (Pa. 2011) (plurality
opinion)]. As has been often stated, an abuse of discretion does
not result merely because the reviewing court might have
reached a different conclusion. Id.; see also Samuel Bassett
v. Kia Motors America, Inc., 613 Pa. 371[, 455], 34 A.3d 1,
51 (Pa. 2011); Christianson v. Ely, [575 Pa. 647, 654-655],
838 A.2d 630, 634 (Pa. 2003). Instead, a decision may be
reversed for an abuse of discretion only upon demonstration of
manifest unreasonableness, partiality, prejudice, bias, or ill-will.
Id.As we discussed in R.J.T., there are clear reasons for
applying an abuse of discretion standard of review in these
cases. We observed that, unlike trial courts, appellate courts are
not equipped to make the fact-specific determinations on a cold
record, where the trial judges are observing the parties during
the relevant hearing and often presiding over numerous other
hearings regarding the child and parents. R.J.T., [608 Pa. at
28-30], 9 A.3d at 1190. Therefore, even where the facts could
support an opposite result, as is often the case in dependency
and termination cases, an appellate court must resist the urge to
second guess the trial court and impose its own credibility
determinations and judgment; instead we must defer to the trial
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judges so long as the factual findings are supported by the
record and the court’s legal conclusions are not the result of an
error of law or an abuse of discretion. In re Adoption of
Atencio, [539 Pa. 161, 165,] 650 A.2d 1064, 1066 (Pa. 1994).
In re Adoption of S.P., 616 Pa. 309, 325-26, 47 A.3d 817, 826-27 (2012).
The burden is upon the petitioner to prove by clear and convincing
evidence that the asserted grounds for seeking the termination of parental
rights are valid. In re R.N.J., 985 A.2d 273, 276 (Pa. Super. 2009).
Moreover, we have explained:
[t]he standard of clear and convincing evidence is defined as
testimony that is so “clear, direct, weighty and convincing as to
enable the trier of fact to come to a clear conviction, without
hesitance, of the truth of the precise facts in issue.”
Id. (quoting In re J.L.C., 837 A.2d 1247, 1251 (Pa. Super. 2003)).
Mother challenges the termination of her parental rights under section
2511(a) and (b). In accordance with our caselaw, we will analyze the
sufficiency of the evidence under section 2511(a) and (b) to determine
whether the termination is warranted. See In re Adoption of C.L.G., 956
A.2d 999, 1008-1009 (Pa. Super. 2008) (en banc). We have explained that
the focus in terminating parental rights under section 2511(a) is on the
parent, but it is on the child pursuant to section 2511(b). Id.This Court may affirm the trial court’s decision regarding the
termination of parental rights with regard to any one subsection of section
2511(a). See In re B.L.W., 843 A.2d 380, 384 (Pa. Super. 2004) (en
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banc). As such, we will focus on section 2511(a)(2) and (b), which provides
as follows:
§ 2511. Grounds for involuntary termination
(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:
***
(2) The repeated and continued incapacity, abuse,
neglect or refusal of the parent has caused the child to be
without essential parental care, control or subsistence
necessary for his physical or mental well-being and the
conditions and causes of the incapacity, abuse, neglect or
refusal cannot or will not be remedied by the parent.
***
(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.A. § 2511.
To satisfy the requirements of section 2511(a)(2), the moving party
must produce clear and convincing evidence regarding the following
elements: (1) repeated and continued incapacity, abuse, neglect or refusal;
(2) such incapacity, abuse, neglect or refusal caused the child to be without
essential parental care, control or subsistence necessary for his physical or
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mental well-being; and (3) the causes of the incapacity, abuse, neglect or
refusal cannot or will not be remedied. See In re Adoption of M.E.P., 825
A.2d 1266, 1272 (Pa. Super. 2003). The grounds for termination of parental
rights under section 2511(a)(2), due to parental incapacity that cannot be
remedied, are not limited to affirmative misconduct; to the contrary those
grounds may include acts of refusal as well as incapacity to perform parental
duties. In re A.L.D. 797 A.2d 326, 337 (Pa. Super. 2002).
With regard to section 2511(a)(2), Mother contends that the record
supports a reasonable inference that she continuously attempted to
overcome the barriers to reunification with the Children. Mother asserts that
she was found to be in full or substantial compliance with her Single Case
Plan (“SCP”) objectives from October of 2014 through November 19, 2015.
Mother’s Brief, at 2, 3. Mother states that, at the permanency review
hearing on January 22, 2015, the trial court found compelling reasons not to
terminate Mother’s parental rights because she was in full compliance with
her SCP objectives, and the goal remained reunification once she would
locate appropriate housing. Mother’s Brief, at ix, 3. Mother acknowledges
that the Community Umbrella Agency (“CUA”) worker testified at the July 5,
2016 termination/goal change hearing that Mother was not in compliance
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with her dual diagnosis mental health/drug and alcohol objectives.2 Mother’s
Brief, at 3. Mother also states that the CUA worker, Bayyinah Lewis,
testified at the September 15, 2016 termination/goal change hearing that
Mother had not completed a dual diagnosis program for drug and alcohol
and mental health. Id. Mother, nevertheless, urges that there is no reason
to believe that Mother is not capable of returning to the status of full
compliance if she re-engages in mental health treatment. Mother’s Brief, at
3.
In its opinion, the trial court stated as follows:
The Children were adjudicated dependent on October 31,
2013. The record demonstrates Mother’s ongoing unwillingness
to provide care or control for the Children or to perform any
parental duties and her failure to remedy the conditions that
brought the Children into care. The documents and testimony
discussed below provided the [trial court] clear and convincing
evidence that termination of Mother’s parental rights would be in
the best interests of the Children. [The trial court] found clear
and convincing evidence to terminate Mother’s parental rights
pursuant to 23 Pa.C.S.A. § §2511(a)(1),(2),(5) and (8)[,] and
23 Pa.C.S.A. § 2511(b). On May 18, 2015, CUA [(“Community
Umbrella Agency”)] held a Single Case Plan (SCP) meeting. The
objectives identified for Mother were: (1) to attend supervised
visits twice a week for two hours each; [(]2) to explore family
therapy; and (3) to attend the Consortium twice a week for
mental health treatment. On February 17, 2016, CUA revised
the SCP. The objectives identified for Mother were: (1) to attend
supervised visits weekly and ensure the children are safe during
the visits; (2) to attend Belmont Behavioral Health to address
mental health issues and comply with recommendations[; a]lert
CUA if therapy provider is changed; (3) to appear at CEU for
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2
The notes of testimony from the hearing held on July 5, 2016, are not part
of the certified record in this appeal.
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screenings and recommendations; and (4) to alert CUA of any
housing prospects and/or programs.
Mother failed to comply with the SCP objectives (1) to
obtain housing, (2) to complete drug and alcohol counseling and
(3) to comply with mental help recommendations. The CUA
Case Manger testified at the September 15, 2016 hearing that
Mother failed to comply with the aforementioned SCP objectives.
Specifically, the CUA Case Manger testified that[,] although
Mother was presently enrolled in a mental help program, Mother
had been in several mental health programs but had never
completed any program. The CUA Manager also testified that
the Mother had never completed a drug and alcohol program.
The CUA Manger [sic] testified that Mother was unable to find
suitable housing and that she was constantly changing her
address. Although Mother regularly visited the Children,
visitation remained supervised due to Mother’s substance abuse
problem. Based upon this testimony elicited at the Termination
Hearing as well as the documents in evidence, [the trial court]
found clear and convincing evidence to terminate Mother’s
parental rights pursuant to 23 Pa.C.S.A. §§ 2511(a)(1)[,] (2)[,
and] (5)[,] as Mother had failed to remedy the conditions that
brought the Children into care based upon her unwillingness to
cooperate with social services as to drug counseling, [and]
mental health counselling[,] and the housing demonstrated the
Mother’s inability or refusal to remedy the conditions that had
led to the Children being adjudicated dependent in 2013 within a
reasonable period of time.
Trial Court Opinion, 11/29/16, at 10-13 (citations and footnotes omitted).
Termination is warranted pursuant to subsection (a)(2), as Mother
clearly lacks parental capacity, and the evidence showed that she will be
unable to remedy that situation within a reasonable period of time, if ever.
As there is competent evidence in the record that supports the trial court’s
findings and credibility determinations, we find no abuse of the trial court’s
discretion in finding that Mother’s parental rights should be terminated under
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section 2511(a)(2). In re Adoption of S.P., 616 Pa. 309, 325-26, 47 A.3d
817, 826-27.
Next, we will address Mother’s issues concerning section 2511(b) and
the change of the permanency goal to adoption together, as did the trial
court. With regard to section 2511(b), Mother asserts that, at trial, the DHS
social worker testified that terminating Mother’s parental rights would not
result in irreparable harm to the Children. Mother contends that, it is
arguable that, a review of the record could support a conclusion that, at
some point, had she obtained appropriate housing, she would not have lost
her parental rights. Mother’s Brief, at 5. Mother then argues that, since
housing was beyond her control, the trial court should not have terminated
her rights under section 2511(b). Id.With regard to the change of the permanency goal to adoption, Mother
argues that, pursuant to section 6351(e) of the Juvenile Act, the court shall
conduct permanency hearings to determine a permanency plan for the child
and the date in which the goal of permanency may be achieved. Mother’s
Brief, at 5-6 (citing 42 Pa.C.S.A. § 6351(e)(i) and (f)). Mother states that,
pursuant to these statutory sections, the court must make a determination
as to whether placement continues to be “best suited to the safety,
protection and physical, mental, and moral welfare of the child.” Mother’s
Brief, at 6. Mother then contends that the trial court abused its discretion in
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finding that changing the Children’s permanency goal to adoption served
their best interests. Id.
In reviewing the evidence in support of termination under section
2511(b), our Supreme Court recently stated as follows:
[I]f the grounds for termination under subsection (a) are
met, a court “shall give primary consideration to the
developmental, physical and emotional needs and welfare of the
child.” 23 Pa.C.S. § 2511(b). The emotional needs and welfare
of the child have been properly interpreted to include
“[i]ntangibles such as love, comfort, security, and stability.” In
re K.M., 53 A.3d 781, 791 (Pa. Super. 2012). In In re E.M.,
[620 A.2d 481, 485 (Pa. 1993)], this Court held that the
determination of the child’s “needs and welfare” requires
consideration of the emotional bonds between the parent and
child. The “utmost attention” should be paid to discerning the
effect on the child of permanently severing the parental bond.
In re K.M., 53 A.3d at 791.
In re: T.S.M., 620 Pa. 602, 628-629, 71 A.3d 251, 267 (2013).
When evaluating a parental bond, the court is not required to use
expert testimony. Social workers and caseworkers can offer evaluations as
well. Additionally, section 2511(b) does not require a formal bonding
evaluation. In re Z.P., 994 A.2d 1108, 1121 (Pa. Super. 2010) (internal
citations omitted). Although it is often wise to have a bonding evaluation
and make it part of the certified record, “[t]here are some instances . . .
where direct observation of the interaction between the parent and the child
is not necessary and may even be detrimental to the child.” In re K.Z.S.,
946 A.2d 753, 762 (Pa. Super. 2008).
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A parent’s abuse and neglect are likewise a relevant part of this
analysis:
. . . concluding a child has a beneficial bond with a parent simply
because the child harbors affection for the parent is not only
dangerous, it is logically unsound. If a child’s feelings were the
dispositive factor in the bonding analysis, the analysis would be
reduced to an exercise in semantics as it is the rare child who,
after being subject to neglect and abuse, is able to sift through
the emotional wreckage and completely disavow a parent . . .
Nor are we of the opinion that the biological connection between
[the parent] and the children is sufficient in of itself, or when
considered in connection with a child’s feeling toward a parent,
to establish a de facto beneficial bond exists. The psychological
aspect of parenthood is more important in terms of the
development of the child and [his or her] mental and emotional
health than the coincidence of biological or natural parenthood.
In re K.K.R.-S., 958 A.2d 529, 535 (Pa. Super. 2008) (internal citations
and quotation marks omitted). Thus, the court may emphasize the safety
needs of the child. See In re K.Z.S., 946 A.2d 753, 763-764 (Pa. Super.
2008) (affirming the involuntary termination of the mother’s parental rights,
despite the existence of some bond, where placement with the mother would
be contrary to the child’s best interests, and any bond with the mother
would be fairly attenuated when the child was separated from her, almost
constantly, for four years).
When considering a petition for goal change for a dependent child, the
trial court considers:
the continuing necessity for and appropriateness of the
placement; the extent of compliance with the service plan
developed for the child; the extent of progress made
towards alleviating the circumstances which necessitated
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the original placement; the appropriateness and feasibility
of the current placement goal for the child; and, a likely
date by which the goal for the child might be achieved.
In re A.K., 936 A.2d 528, 533 (Pa. Super. 2007) (citing 42 Pa.C.S.A.
§ 6351(f)).
Regarding the disposition of a dependent child, section 6351(e), (f),
(f.1), and (g) of the Juvenile Act provides the trial court with the criteria for
its permanency plan for the subject child. Pursuant to those subsections of
the Juvenile Act, the trial court is to determine the disposition that is best
suited to the safety, protection and physical, mental and moral welfare of
the child.
The trial court found as follows with regard to section 2511(b):
The [trial court] further found that because there was no
strong bond between Mother and [the] Children, terminating
parental rights would not cause the Children irreparable harm
and would be in the best interests of the Children pursuant to 23
Pa.C.S.A. §2511(b). At the Termination Hearing, the CUA
Worker testified that[,] in reference to F.N.H. (1) it was in the
best interest of the child that F.N.H.’s goal be changed to
adoption and Mother’s rights be terminated; (2) F.N.H. would
not suffer permanent emotional harm if the [m]other’s rights
were terminated and (3) that there existed a strong bond
between F.N.H. and the foster parent, who was capable of
addressing F.N.H.’s medical needs, educational needs and
therapeutic needs. At the Termination Hearing, the CUA Worker
testified that in reference to K.J.H. (1) it was in the best interest
of the child that K.J.H’s goal be changed to adoption and
Mother’s rights be terminated; (2) K.J.H. would not suffer
permanent emotional harm if the Mother’s rights were
terminated and (3) that there existed a strong bond between
F.N.H. and her foster parent, who was capable of addressing
K.J.H.’s medical needs, educational needs
and therapeutic needs.
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The testimony of the CUA Worker was deemed to be
credible and accorded great weight. As the testimony before the
Court on September 15, 2016 indicated, the evidence was clear
and convincing that Mother did not remedy the conditions that
caused her [c]hildren to come into care and that Mother
continued to be unable to provide care for her [c]hildren,
warranting the involuntary terminations of the Mother’s parental
rights pursuant to 23 Pa.C.S. § §2511(a)(1)[,] (2)[,] (5)[,] an
[sic] (8). The [trial court] further concluded that the termination
of the [m]other’s parental rights would be in the best interest of
the Children.
CONCLUSION
[The trial court], after careful review of the findings of fact
and the testimony presented during the Termination Hearing on
September 15, 2016, finds by clear and convincing evidence to
terminate Mother’s parental rights pursuant to 23 Pa.C.S.
[§]2511(a)(1)[,] (2)[,] (5)[,] and (8). [The trial court] further
finds pursuant to 23 Pa.C.S. 2511(b), termination of the
mother’s parental rights would not have a detrimental effect on
the Children and would be in the Children’s best interest.
Trial Court Opinion, 11/29/16, at 13-14 (citations omitted)/
Our Supreme Court has observed that the mere existence of a bond or
attachment of a child to a parent will not necessarily result in the denial of a
termination petition, and that “[e]ven the most abused of children will often
harbor some positive emotion towards the abusive parent.” See In re:
T.S.M., 620 Pa. at 627, 71 A.3d at 267 (quoting In re K.K.R.-S., 958 A.2d
at 535). The Supreme Court instructed, “[t]he continued attachment to the
natural parents, despite serious parental rejection through abuse and
neglect, and failure to correct parenting and behavior disorders which are
harming the children cannot be misconstrued as bonding.” In re: T.S.M.,
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620 Pa. at 629, 71 A.3d at 267 (quoting In re Involuntary Termination of
C.W.S.M., 839 A.2d 410, 418 (Pa. Super. 2003) (Tamilia, J. dissenting)).
We have explained that a parent’s own feelings of love and affection
for a child, alone, do not prevent termination of parental rights. In re Z.P.,
994 A.2d at 1121. Further, this Court has stated: “[A] parent’s basic
constitutional right to the custody and rearing of . . . her child is converted,
upon the failure to fulfill . . . her parental duties, to the child’s right to have
proper parenting and fulfillment of [the child’s] potential in a permanent,
healthy, safe environment.” In re B.,N.M., 856 A.2d 847, 856 (Pa. Super.
2004) (internal citations omitted). It is well-settled that “we will not toll the
well-being and permanency of [a child] indefinitely.” In re Adoption of
C.L.G., 956 A.2d at 1007 (citing In re Z.S.W., 946 A.2d 726, 732 (Pa.
Super. 2008) (noting that a child’s life “simply cannot be put on hold in the
hope that [a parent] will summon the ability to handle the responsibilities of
parenting.”)).
After a careful review of the record in this matter, we find the record
supports the trial court’s factual findings, and the court’s conclusions are not
the result of an error of law or an abuse of discretion. In re Adoption of
S.P., 616 Pa. at 325-26, 47 A.3d at 826-27. There was sufficient,
competent evidence in the record for the trial court to find the grounds for
termination of parental rights under section 2511(a)(2), due to parental
incapacity that cannot be remedied. There was also sufficient, competent
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evidence in the record for the trial court to find that the Children’s best
interests are served by their respective foster parents, and that no bond
exists between the Children and Mother such that the Children would suffer
permanent emotional harm from the termination of Mother’s parental rights.
We, therefore, affirm the decrees terminating Mother’s parental rights with
regard to the Children under section 2511(a)(2) and (b) of the Adoption Act,
and the orders changing their permanency goal to adoption under section
6351 of the Juvenile Act.
Decrees and orders affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 4/12/2017
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