In the Interest of: J.G.

J-S37032-22
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
IN THE INTEREST OF: J.G., A MINOR : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
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APPEAL OF: C.R., MOTHER :
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: No. 1432 EDA 2022
Appeal from the Order Entered May 3, 2022
In the Court of Common Pleas of Philadelphia County Juvenile Division at
No(s): CP-51-DP-0000662-2020
IN THE INTEREST OF: J.W.G., A : IN THE SUPERIOR COURT OF
MINOR : PENNSYLVANIA
:
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APPEAL OF: C.R., MOTHER :
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: No. 1433 EDA 2022
Appeal from the Decree Entered May 3, 2022
In the Court of Common Pleas of Philadelphia County Juvenile Division at
No(s): CP-51-AP-0000200-2022
IN THE INTEREST OF: T.G., A : IN THE SUPERIOR COURT OF
MINOR : PENNSYLVANIA
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APPEAL OF: C.R., MOTHER :
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:
: No. 1434 EDA 2022
Appeal from the Order Entered May 3, 2022
In the Court of Common Pleas of Philadelphia County Juvenile Division at
No(s): CP-51-DP-0000663-2020
IN THE INTEREST OF: T.E.G., JR., A : IN THE SUPERIOR COURT OF
MINOR : PENNSYLVANIA
J-S37032-22
:
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APPEAL OF: C.R., MOTHER :
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: No. 1435 EDA 2022
Appeal from the Decree Entered May 3, 2022
In the Court of Common Pleas of Philadelphia County Juvenile Division at
No(s): CP-51-AP-0000201-2022
BEFORE: BOWES, J., LAZARUS, J., and OLSON, J.
MEMORANDUM BY OLSON, J.: FILED DECEMBER 6, 2022
In this consolidated appeal,1 Appellant, C.R., (“Mother”) appeals from
the May 3, 2022 Decrees terminating her parental rights to her dependent
children, T.G. (also known as T.E.G., Jr.), a male child born September 2005,
and J.G. (also known as J.W.G.), a male child born June 2019, (collectively,
“the children”),2 pursuant to Section 2511 of the Adoption Act, 23 Pa.C.S.A.
§§ 2101-2938.3 Mother also appeals from the May 3, 2022 permanency
review orders that changed the permanent placement goal for T.G. and J.G.
to a goal of adoption. We affirm.
The trial court provided the following factual and procedural history:
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1In a September 8, 2022 per curiam order, this Court consolidated the four
appeals sua sponte.
2 For purpose of our review, we shall refer to the children as T.G. and J.G.
3 On May 3, 2022, in separate decrees, the trial court also terminated the
parental rights of T.E.G., Sr., the biological father of T.G. and J.G., (“Father”).
Father is not involved in this appeal.
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Mother gave birth to T.G. [in] September [] 2005. . . . Mother
gave birth to J.G. [in] June [] 2019. . . . [In] June [] 2019, the
Philadelphia[, Pennsylvania] Department of Human Services
[(“DHS”)] received a general protective services [(“GPS”)] report
which alleged [the following:] Mother gave birth to J.G. at [a
Philadelphia hospital in] June [] 2019[, and] that J.G. was born
weighing 6 pounds and 11 ounces with an Appearance, Pulse,
Grimace, Activity, and Respiration [(“APGAR”)] reading of 8[ out
of ]8[.] J.G. initially tested negative for opiates but later became
sick and began to show withdrawal symptoms[.] J.G. was
[placed] in the [hospital’s] neonatal intensive care unit
[(“NICU”).] J.G. has a sibling in the family's home, T.G., who has
Downs Syndrome. The [GPS] report further alleged that Mother
had no prenatal care and tested positive for marijuana and
oxycodone[.] Mother stated that she was prepared to care for
J.G. at home and had all the essential [] items for J.G[.] Mother's
support system [was] J.G.’s maternal grandparents, but they
resided in New Jersey[.] Mother stated that she was using
marijuana to treat her seizure disorder[.] Mother and J.G. were
not bonding well[,] and [] Mother had to be encouraged to visit
J.G. []
On June 20, 2019, J.G. was discharged from [the Philadelphia
hospital] to the care of Mother and [] Father[.] On June 21, 2019,
DHS visited the family's home. DHS determined that J.G. was
safe at that time.
On August 6, 2019, DHS [again] visited the family's home. Mother
advised DHS that J.G. [had] issues with digesting his formula and
she had been taking him to his physician. DHS advised Mother of
the importance of attending [to] J.G.’s medical appointments.
DHS recommended that Mother receive substance abuse
treatment.
On September 3, 2019, DHS received a GPS report which alleged
that on August 13, 2019, Mother and Father were involved in a
verbal altercation. [A]s a result of the altercation, Father asked
Mother to leave the home, and [] when Mother attempted to leave
the home, Father grabbed Mother and dragged her back into the
home. []
On September 9, 2019, DHS visited the family’s home and met
with Mother[. Mother] stated that she and Father had an
altercation and he asked her to leave the home. She stated that
she was [] outside the home on her bicycle, not in sight of the
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children, when Father grabbed her off the bicycle to prevent her
from leaving. Mother admitted that the children [] missed medical
appointments. Mother stated that Father was not helping with the
care of the children, or with household chores. DHS advised
Mother that Community Umbrella Agency [(“CUA”)4] services
would be implemented in the home to assist with the children’s
care.
On September 11, 2019, DHS received a supplemental report
which alleged that there were domestic violence concerns with
Mother and Father[. The report detailed that] a few weeks earlier,
Father was running up and down the street while pushing J.G.[,]
and that Mother [] moved out of the home.
On September 25, 2019, In-Home Services [(“IHS”)] were
implemented in the home through Asociacion [] Puertorriquenos
en Marcha [(“APM”).5]
On October 7, 2019, CUA visited the family’s home. CUA
recommended that Mother and Father attend a drug and alcohol
treatment program. Father stated that he did not have time to
attend treatment and then left the meeting. CUA stressed to
____________________________________________
4 We note that, generally, CUAs
are community-based agencies that are responsible for the
provision of direct case management services to families in
their designated region. The CUAs ensure that local
solutions and resources are more accessible to children and
families. They develop connections to formal and informal
neighborhood networks that can strengthen and stabilize
families. In addition, they are responsible for recruitment
and retention of foster and adoptive parents in the
neighborhoods where children live.
See https://bethanna.org/about/community-umbrella-agency/ (last visited,
Nov. 16, 2022).
5We note that APM is “a Latino-based health, human services, community and
economic development non-profit organization serving the Philadelphia area[
and] committed to helping all families, regardless of background, achieve their
greatest potential.” See https://apmphila.org/ (last visited Nov. 16, 2022).
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Mother about the need for J.G. and T.G. to attend their medical
appointments.
[On] October 17, 2019, DHS visited the family’s home, and spoke
with Father[, who] admitted that he [] grabbed Mother while she
was on her bicycle because she was leaving with J.G.’s baby
clothes. Father stated that Mother had been residing in the home
[only on a periodic basis] and [] that he believed [] she needed
mental health treatment. Father advised DHS that he learned on
October 16, 2019, that Mother was at [a Philadelphia hospital]
possibly for mental health treatment.
On October 18, 2019, DHS visited Mother at [the Philadelphia
hospital]. Mother advised DHS that she was having black-out
episodes with [] no recollection of what had occurred. She also
expressed that people at the hospital were trying to kill her. DHS
learned that when Mother was admitted to [the hospital] she
tested positive for fentanyl, oxycodone, and amphetamines, and
that she [] attempted to smuggle drugs into the hospital.
On October 18, 2019, an initial single case plan [(“SCP”)] was
created. The objectives for Mother were to ensure that the
children’s medical and dental needs were being met; to ensure
that T.G. attended school daily and on time; and to participate in
[a] drug rehabilitation program[, and once] enrolled [] adhere to
all recommendations. []
On October 24, 2019, CUA was scheduled to visit the family’s
home but was advised by Father that he and the [children] were
temporarily residing with his brother because Mother had a
Protection from Abuse [(“PFA”)] Order [filed] against him. Father
confirmed that he and Mother had still not enrolled in drug and
alcohol and domestic violence treatment [programs].
On October 31, 2019, CUA visited the family home and saw Father
and [the children.] Father advised CUA that the PFA [order]
against him was lifted[,] and a PFA [order] was granted for him
against Mother. The [trial] court [] allowed Mother to be in the
home that day to gather her belongings. Mother stated that she
would find a shelter in which to reside if she could not find other
accommodations. Father and Mother advised CUA that they had
not enrolled in drug and alcohol and domestic violence treatment
[programs].
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On November 7, 2019, CUA visited the family home and saw
Father and [the children.] Father advised CUA that he was
unaware of Mother’s whereabouts.
On November 14, 2019, CUA visited the family’s home and saw
Father[ and the children.] Father advised CUA that Mother had
not been residing at the home and that J.G. [] missed his medical
appointment on November 8, 2019.
On November 21, 2019, CUA visited the family’s home and saw
Father[ and the children.] Father advised CUA that Mother
continued to receive Women, Infants, and Children [(“WIC”)]
benefits and food stamps but provided little food for the children.
On November 21, 2019, Mother spoke to CUA [via the telephone
and] advised CUA that she was in the process of getting into
another treatment program.
On December 26, 2019, CUA visited the family[’s] home and saw
Father and [the children.] Father advised CUA that he had not
made any medical appointments for the children. CUA expressed
to Father the importance of ensuring that the children attended
their medical appointments.
On January 17, 2020, CUA visited the family[’s] home and saw
Mother, Father[,] and [the children.] Mother advised CUA that
she had been residing in the home for a few days, but her name
had been removed from the lease, so she had to be out of the
home in ten days. DHS learned that J.G. had been taken for his
vaccinations by a family friend.
On February 6, 2020, CUA learned that Mother was admitted to
[a Philadelphia hospital] after suffering a miscarriage and
hemorrhaging following an attack by Father. CUA was advised
that Mother [and the children] would be residing with [a
third-party] in New Jersey after Mother was discharged [from the
hospital].
On February 19, 2020, CUA learned that Mother [] contacted a
family friend and asked that they retrieve [the children] from [the
third-party’s] home [in New Jersey] because Mother felt that she
was unable to care for [the children.]
On February 20, 2020, CUA met with Father[ and the children.]
Father denied hitting Mother and stated that she went to the
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hospital in an ambulance as a "stunt” in order to kidnap [the
children] and take them to New Jersey.
On February 28, 2020, March 2, 2020, and March 4, 2020, CUA
attempted to visit the family[’s] home[,] however, there was no
answer.
On March 9, 2020, CUA visited the family[’s] home. Father
admitted that [the children] had not attended their medical and
dental appointments, and that he had not obtained medical
insurance and food stamps for them.
On March 20, 2020, CUA visited the family[’s] home. Father
advised CUA that he did not know the whereabouts of Mother, and
that she had been living at the home for only a day or two at a
time. Father advised CUA that Mother was still receiving WIC
benefits and food stamps but was not providing food for the
children. Father stated that he had lost his job[.] CUA referred
him to a local food bank.
On March 26, 2020, CUA spoke to [the children’s] paternal aunt[,
via telephone, and the aunt] stated that she provided food earlier
in the week to Father. [The aunt] stated that she was willing to
be a resource for the children.
On April 1, 2020, CUA received a telephone message from Mother
in which she stated that she had been buying food and supplies
for the children. CUA returned Mother’s [telephone] call and left
a message advising her to give [the children’s] medical cards, the
WIC card[,] and food stamps to Father.
On April 3, 2020, CUA visited the family’s home[] and spoke to
Father outside [] the home due to the COVID-19 pandemic. DHS
observed that during their conversation an unidentified male
walked past them and entered the home and that Father was
pacing and having difficulty speaking. Father admitted that he
had used marijuana.
On April 8, 2020, [the children] began residing with [their paternal
aunt and uncle.]
On April 30, 2020, CUA learned from [the aunt] that Mother visited
the children for the first time in two weeks. [The aunt] stated that
after Mother left the home, she noticed a bag on the floor which
she believed contained drugs.
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Mother and Father were not compliant with substance abuse
treatment or domestic violence treatment. Mother was not
compliant with mental health treatment.
On May 20, 2020, the SCP was revised. The objectives for Mother
were to ensure that the children's medical and dental needs were
being met and to sign release of information forms so that records
can be obtained to ensure that T.G. attended school daily and on
time[ and] to ensure that T.G.'s individualized education plan
[(“lEP”)] was updated when appropriate[. Mother was] to
participate in [a] drug rehabilitation program[, and once enrolled,]
adhere to all recommendations[. Mother was also] to enroll in a
mental health treatment program and participate until [the
program was] completed.
On July 8, 2020, an adjudicatory hearing was continued, and
adjudication was deferred by [the trial court. The] children
[currently] reside[d] with their [aunt and uncle] under a safety
plan. No action was taken.
On September 28, 2020, the SCP was [again] revised. The
objectives for Mother were predominantly the same as the
previous SCP.
On September 29, 2020, adjudicatory hearings were held for T.G.
and J.G.[ The] children were adjudicated dependent. Legal
custody transferred to DHS and placement continue[d] with [the
aunt and uncle, with a] referral for Kinship Care. Mother and
Father [were granted] supervised visits at [a DHS provided
location] with 24-hour confirmation. CUA [was instructed] to
assist [Mother and Father] with transportation for visits, if
necessary. Mother was referred to [a provider] for a
dual-diagnosis assessment and three random drug and alcohol
screens prior to the next hearing. [Mother and Father were]
referred for domestic violence [counseling.] Mother and Father
were referred to the Achieving Reunification Center [(“ARC”)] for
employment and housing services[.] DHS was [instructed] to
conduct a parent locator search [(“PLS”)] for Mother[.] CUA was
to make outreach to Father and [] conduct an assessment of his
home.
On January 4, 2021, the SCP was revised. The objectives for
Mother were predominantly the same as the previous SCP.
On February 11, 2021, a permanency review hearing was held
before [a] Juvenile Court hearing officer[. At the conclusion of the
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hearing, it was determined that] legal custody [would] remain[]
with DHS and placement [would] continue[] in Kinship Care.
[Mother and Father were] to have weekly supervised visit[s] at [a
DHS provided location] for 2 hours initially[. The] visits [were
permitted to] occur either at [a DHS provided location] or in the
community, weather permitting, and [] the visits [could] be
expanded to occur in the foster home as agreed to and arranged
by the children’s caregiver. The [trial] court further permitted that
one visit monthly, should [the visitation] occur in the caregiver's
home, [] be supervised by CUA[.] Mother and Father [were]
referred to [a provider] for a[n immediate] drug and alcohol
screen[ and a] dual[-]diagnosis assessment, plus three random
drug and alcohol screens prior to the next court date[.] The [trial]
court further ordered that Mother have a mental health
assessment and comply with all recommendations[. The trial]
court referred Mother to the Behavioral Health System [(“BHS”)]
for consultation and[] evaluation[.] Mother and Father [were] to
participate in domestic violence counseling[. Mother and Father
were] referred to ARC[] and were to allow CUA to assess their
home[.] CUA was to assess the [] home[ immediately.] CUA was
to assist Mother with engagement in mental health treatment.
On June 25, 2021, permanency review hearings were held before
the Juvenile Court hearing officer[. At the conclusion of the
hearings, it was determined that] legal custody [would] remain[]
with DHS and placement [would] continue[] in Kinship Care[.]
Mother[’s] and Father[’s] visits remain[ed] status quo. Sibling
visits [were permitted so the children could visit with a] newborn
sibling. CUA [was instructed] to assist with transportation to
visits[.] Attendance for [the] visits [was to] be confirmed 24
hours in advance. The [trial] court determined that [Mother and
Father] achieved minimal compliance with [the] permanency plan
established for the children. The [trial] court learned that
[Mother’s and Father’s] address had been updated to Vineland,
New Jersey. [Mother and Father] were referred to [a provider for
an immediate] drug and alcohol screen, [a] dual[-]diagnosis
assessment[, and] monitoring, plus three random drug and
alcohol screens prior to the next hearing[. Mother and Father
were] to comply with all recommendations[. Mother and Father
were] to engage in mental health treatment[,] to attend ARC for
all appropriate programs[,] and to participate in [a] domestic
violence [counseling] program[, as well as] provide CUA proof of
completion. [The trial court] further ordered that referrals for
drug and alcohol treatment and domestic violence counseling
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[were] to be made in New Jersey[,] or as close to [Mother’s and
Father’s] new residence[ as] possible. [Mother and Father] were
to ensure that the children’s medical and dental needs were met,
by signing all appropriate consent forms[.]
On July 21, 2021, the SCP was revised. The objectives for Mother
were predominantly the same as the previous SCP.
On December 8, 2021, permanency review hearing[s] were held
before the [trial court, which ordered that] legal custody remain[]
with DHS[] and placement continue[] in Kinship Care [] with [the
paternal aunt and uncle]. Mother achieved minimal compliance
with the permanency plan established for the children. Mother
[was permitted] to have weekly, supervised visits with the
children at the provider agency and to confirm [her] visits 24
hours in advance[.] CUA was to assist Mother with transportation
to and from visits. [Mother and Father were] referred to [a
provider] for [immediate] drug and alcohol screens[ and]
dual[-]diagnosis assessments[, as well as] two additional random
drug and alcohol screens to be submitted prior to the next court
date[.]
Trial Court Opinion, 7/6/22, at 3-15 (record citations and extraneous
capitalization omitted).
On March 25, 2022, DHS filed petitions for involuntary termination of
Mother’s parental rights to T.G. and J.G. pursuant to 23 Pa.C.S.A.
§§ 2511(a)(1), (a)(2), (a)(5), (a)(8), and (b). That same day, DHS also filed
petitions seeking to change the permanent placement goal for both T.G. and
J.G. to a new goal of adoption. Daniel Kurland, Esquire was appointed as
guardian ad litem to represent the legal and best interests of both T.G. and
J.G. John Joseph Capaldi, Esquire was appointed to represent Father, and
Susan M. Rubinovitz, Esquire was appointed to represent Mother. DHS was
represented by Kira Meibos, Esquire, an attorney with the Philadelphia
Solicitor’s Office. On May 3, 2022, the trial court conducted a hearing on the
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termination petitions and the petitions for goal change, at which the
aforementioned counsel participated. Mother and Father were not present for
the hearing, despite having received subpoenas to appear. N.T., 5/3/22, at 2
and DHS Exhibit 1.
On May 3, 2022, the trial court found that, with regard to Mother, DHS
met its burden of proof under Sections 2511(a)(1), (a)(2), (a)(5), (a)(8), and
(b) of the Adoption Act as to both T.G. and J.G., and subsequently terminated
Mother’s parental rights to the children.6 The same day, the trial court also
granted DHS’s request to change the permanent placement goal to one of
adoption with regard to both T.G. and J.G. This consolidated appeal followed.7
Mother raises the following issues for our review:
1. Did the trial court err as a matter of law or abuse[] its
discretion where it determined that the requirements of 23
Pa.C.S.A. [§] 2511(a) [were met, permitting the trial court]
to terminate [Mother’s] parental rights[?]
2. Did the trial court err as a matter of law or abuse[] its
discretion where it determined the requirements of 23
Pa.C.S.A. [§] 2511(b) were met[?]
____________________________________________
6With regard to Father, the trial court found that DHS met its burden of proof
under Sections 2511(a)(1), (a)(2), and (b), and subsequently terminated
Father’s parental rights to the children.
7On June 2, 2022, Mother filed concise statements of errors complained of on
appeal along with separate notices of appeal at the four trial court dockets
pursuant to Pa.R.A.P. 1925(a)(2)(i). The trial court subsequently filed its Rule
1925(a) opinion on July 6, 2022.
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3. Did the trial court err as a matter of law or abuse[] its
discretion where it determined that the permanency goal for
T.G. and J.G. should be changed to adoption[?]
Mother’s Brief at 3.
We begin by addressing Mother’s first and second issues which challenge
the trial court’s termination of her parental rights pursuant to Section 2511 of
the Adoption Act. In matters involving involuntary termination of parental
rights, 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.” In re Adoption of S.P., 47 A.3d 817, 826 (Pa.
2012). “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. “A decision may be reversed for an
abuse of discretion only upon demonstration of manifest
unreasonableness, partiality, prejudice, bias, or ill[-]will.” Id.The trial court’s decision, however, should not be reversed merely
because the record would support a different result. Id. at 827.
We have previously emphasized our deference to trial courts that
often have first-hand observations of the parties spanning
multiple hearings. See In re R.J.T., 9 A.3d [1179, 1190 (Pa.
2010)].
In re T.S.M., 71 A.3d 251, 267 (Pa. 2013) (original brackets 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).
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The termination of parental rights is guided by Section 2511 of the
Adoption Act, which requires a bifurcated analysis of the grounds for
termination followed by an assessment of the needs and welfare of the child.
Our case law has made clear that under Section 2511, the [trial]
court must engage in a bifurcated process prior to terminating
parental rights. 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 [trial]
court determines that the parent’s conduct warrants termination
of his or her parental rights does the [trial] 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.
B.J.Z., 207 A.3d at 921 (citation omitted). We have defined clear and
convincing evidence as that which 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.” In re Z.P., 994 A.2d
1108, 1116 (Pa. Super. 2010) (citation omitted). A child has a right to a
stable, safe, and healthy environment in which to grow, and the “child's life
simply cannot be put on hold in the hope that the parent will summon the
ability to handle the responsibilities of parenting.” In re I.J., 972 A.2d 5, 9
(Pa. Super. 2009).
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Here, the trial court terminated Mother’s parental rights to T.G. and J.G.
pursuant to, inter alia, Section 2511(a)(1) and (a)(2).8 Section 2511(a)
provides, in pertinent part, as follows:
§ 2511. Grounds for involuntary termination
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8 At the termination hearing on May 3, 2022, the trial court stated,
The evidence, which is clear, convincing, and uncontradicted
supports a finding under [Section] 2511(a)(1) and [(a)](2)
and [](b)[. T]he evidence under [Section 2511] (a)(1) and
[(a)](2) [is] that [Mother and Father] are completely
non-compliant, or minimally compliant to [] an extent that its
meaningless, and that they, in effect, have abandoned these two
children.
N.T., 5/3/22, at 38 (emphasis added). In its Rule 1925(a) opinion, however,
the trial court stated,
The record clearly established that DHS provided clear and
convincing evidence for terminating Mother’s parental rights and
that termination meets the developmental, physical, and
emotional needs and welfare of the [c]hildren and the statutory
requirements pursuant to 23 Pa.C.S.A. § 2511 (a)(1), (2),
(5), (8)[,] and [](b).
Trial Court Opinion, 7/6/22, at 21 (emphasis added). The decrees terminating
Mother’s parental rights to T.G. and J.G. also stated that her rights were
terminated pursuant to Section 2511(a)(1), (a)(2), (a)(5), (a)(8), and (b).
Thus, there is a discrepancy between the trial court’s grounds for termination
of Mother’s parental rights as set forth at the termination hearing and the
reasoning set forth in the termination decrees and the trial court’s Rule
1925(a) opinion. Nonetheless, for the reasons more fully discussed infra, we
find the record supports termination of Mother’s parental rights under Section
2511(a)(1). As such, we need not resolve this discrepancy and our discussion
shall focus on Section 2511(a)(1) and (b) as grounds for termination.
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(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:
(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.
(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.
23 Pa.C.S.A. § 2511(a)(1) and (a)(2).
“A court may terminate parental rights under Section 2511(a)(1) where
the parent demonstrates a settled purpose to relinquish parental claim to a
child or fails to perform parental duties for at least the six months prior to the
filing of the termination petition.” Z.P., 994 A.2d at 1117 (emphasis in
original). Recently, our Supreme Court in In re Adoption of C.M., 225 A.3d
343 (Pa. 2021) reiterated the well-established principle that “a child has a
right to essential parental care” and that, although the Adoption Act does not
provide a strict definition of “parental duty” there are “certain irreducible
qualities of a parent’s attendant obligation.” C.M., 225 A.3d at 364. The C.M.
Court explained that a parent’s parental duty includes, inter alia, (1) a positive
duty of affirmative performance; (2) communication and association with the
child; (3) exerted effort to take and maintain a place of importance in the
child’s life; and (4) exercising reasonable firmness in resisting obstacles placed
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in the path of the parent-child relationship. Id.; see also In re Adoption of
L.A.K., 265 A.3d 580, 592 (Pa. 2021). Obstacles preventing a parent-child
relationship include, inter alia, “substance abuse, mental health issues,
homelessness, joblessness, criminal charges, or a confluence of some or all of
these issues[.]” L.A.K., 265 A.3d at 593.
[E]ven where the evidence clearly establishes a parent [] failed to
perform affirmative parental duties for a period in excess of six
months, the [trial] court must examine the individual
circumstances and any explanation offered by the parent to
determine if that evidence, in light of the totality of circumstances,
clearly warrants permitting the involuntary termination of parental
rights.
C.M., 255 A.3d at 364 (citation, quotation marks, and original brackets
omitted); see also L.A.K., 265 A.3d at 593. In considering the totality of the
circumstances,
if competent evidence establishes the statutory criteria under
[Section] 2511(a)(1), [a trial court is required to consider] three
lines of inquiry: (1) the parent's explanation for his or her
absence; (2) the post-abandonment contact between parent and
child, including a parent's efforts to re-establish contact; and (3)
consideration of the effect of termination of parental rights on the
child pursuant to [Section] 2511(b).
C.M., 255 A.3d at 365; see also L.A.K., 265 A.3d at 593.
[A] finding of abandonment, which has been characterized as one
of the most severe steps the [trial] court can take, will not be
predicated upon parental conduct which is reasonably explained
or which resulted from circumstances beyond the parent's control.
It may only result when a parent has failed to utilize all available
resources to preserve the parental relationship.
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L.A.K., 265 A.3d at 592 (citations, quotation marks, and original brackets
omitted); see also C.M., 255 A.3d at 365. “[T]he focus under [Section]
2511(a)(1) is not the degree of success a parent may have had in reaching
the child, but examines whether, under the circumstances, the parent []
utilized all available resources to preserve the parent-child relationship.”
C.M., 255 A.3d at 365.
Once the trial court determines that involuntary termination of parental
rights is warranted under Section 2511(a), the trial court is required to engage
in an analysis pursuant to Section 2511(b) to determine whether termination
is in the best interests of the child. Section 2511(b) states,
§ 2511. Grounds for involuntary termination
...
(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(b). The analysis under Section 2511(b)
focuses on whether termination of parental rights would best
serve the developmental, physical, and emotional needs and
welfare of the child. As this Court has explained, [Section]
2511(b) does not explicitly require a bonding analysis and the
term “bond” is not defined in the Adoption Act. Case law,
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however, provides that analysis of the emotional bond, if any,
between parent and child is a factor to be considered as part of
our analysis. While a parent's emotional bond with his or her child
is a major aspect of the [Section] 2511(b) best-interest analysis,
it is nonetheless only one of many factors to be considered by the
court when determining what is in the best interest of the child.
In addition to a bond examination, the trial court can equally
emphasize the safety needs of the child, and should also
consider the intangibles, such as the love, comfort, security,
and stability the child might have with the foster parent.
Additionally, this Court stated that the trial court should
consider the importance of continuity of relationships and
whether any existing parent-child bond can be severed
without detrimental effects on the child.
In re Adoption of J.N.M., 177 A.3d 937, 943-944 (Pa. Super. 2018) (citation
and original brackets omitted), appeal denied, 183 A.3d 979 (Pa. 2018). A
trial court may rely on a caseworker or social worker to determine the status
of and nature of a parent-child bond. J.N.M., 177 A.3d at 944 (holding, a trial
court “is not required by statute or precedent to order a formal bonding
evaluation be performed by an expert” (citation omitted)); see also In re
C.M.S., 884 A.2d 1284, 1287 (Pa. Super. 2005) (holding, a trial court must
“discern the nature and status of the parent-child bond, with utmost attention
to the effect on the child of permanently severing that bond” (citation
omitted)).
Here, as noted supra, the trial court terminated Mother’s parental rights
to T.G. and J.G. pursuant to, inter alia, Section 2511(a)(1), (a)(2), and (b),
stating “the evidence under [Section 2511] (a)(1) and [(a)](2) [is] that
[Mother and Father] are completely non-compliant, or minimally compliant to
[] an extent that its meaningless, and that they, in effect, have abandoned
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these two children.” N.T., 5/3/22, at 38. In support of its conclusion, the trial
court summarized the evidence as follows:
[The trial] court heard clear, convincing, and persuasive evidence
from [a case manager, who] testified she was assigned to the case
on August 24, 2021. She stated the children became known to
DHS pursuant to a GPS report dated [June 2019,] alleging that
Mother gave birth to J.G.[] and Mother tested positive for
marijuana and oxycodone. J.G. also tested positive.
[The case manager] testified Mother stated to DHS that she was
prepared to care for J.G. DHS learned another child, T.G., was
also in Mother and Father’s care. The infant, J.G., was discharged
from the [NICU in June 2019,] and was placed with [Mother and
Father]. CUA services were implemented in the home on June 21,
2019, and the children were determined to be safe.
DHS subsequently became aware of domestic violence between
Mother and Father. [Mother and Father] were not attending any
drug and alcohol treatment [programs,] and there were concerns
regarding the children missing several medical appointments.
[The case manager] testified [that] SCP objectives were
established for [Mother and Father that addressed] those
[concerns.] The children were adjudicated dependent on
September 29, 2020[,] and were placed in Kinship Care with
[their] paternal aunt and uncle, where they remain today.
[The case manager] testified Mother's SCP objectives were to
ensure the children's medical[ and ]dental needs were met and to
sign consent[ forms,] to complete [a] dual[-]diagnosis
[assessment], follow recommendations[,] and do random drug
screens. Mother [was] to engage in mental health [treatment],
attend ARC for parenting, employment, and housing education,
participate in [a] domestic violence program[,] and to attend
supervised visitation.
[The case manager] testified she referred Mother to ARC for
services, but Mother did not attend. Regarding mental health,
Mother has not provided any proof of enrollment. Regarding
domestic violence counseling, Mother has not provided any proof
of enrollment. Mother indicated to [the case manager] that she
was going to join a program in New Jersey close to where she
lived that covered mental health [treatment], drug and alcohol
[treatment,] and domestic violence [counseling]. Mother has not
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provided any proof of enrollment, nor did she provide any contact
information for the program in New Jersey.
[The case manager] further testified Mother and Father have
another infant child, who is six or seven months old, and the
family is active with Children and Youth Services in New Jersey[,
regarding this infant child]. [The case manager] spoke with
[Mother’s] New Jersey case [worker,] who informed her that
Mother attends domestic violence [counseling] at [a treatment
center in New Jersey.]
[The case manager] testified she attempted to verify this
information by calling Mother, but [Mother] never answered the
telephone call.
Regarding the random drug screens ordered by [the trial] court,
[the case manager] testified Mother was referred [to a screening
center] but did not comply. Regarding visitation, [the case
manager] noted that Mother was offered eight visitations since the
last court date, [and] Mother attended two of the eight visits.
When questioned [by the case manager], Mother stated she had
transportation issues[. The case manager] told Mother to inform
her in advance[,] and transportation would be arranged. Mother
did not comply with informing her.
[The case manager] testified Mother stated [] that she gave the
previous case worker documents, and she gave [the case
manager] the same documents, which was proof that she
completed [a] drug and alcohol program in July [] 2020. She
noted Mother was aware of the SCP objectives because [the case
manager] reviewed them with her, and Mother was told she
needed to comply with the objectives for reunification. [The case
manager] continues to have concerns about the children being
with Mother because Mother continues to use drugs. [The case
manager] spoke with the case [worker] in New Jersey and learned
that all the drug screens they recorded have been positive for
drugs. Further, [the case manager] noted Mother has not
addressed her mental health objective and has not been
consistent with visitation.
[The case manager] testified she [] observed Mother with the
children and opined that Mother and T.G. do not have a
parent-child bond. T.G. has Downs Syndrome and Mother's
interaction with [T.G.] is inappropriate and upsets him. Mother
told T.G.[, at first,] that [his paternal aunt] was his aunt, then
when [the case manager and Mother] reviewed the SCP objectives
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Mother freaked out and told T.G. that [his paternal aunt] was not
his aunt and that she [was] not family. T.G. has [developmental]
delays and[,] based on Mother's interactions with him, [the case
manager] opined Mother does not care that [T.G.] is present when
she acts out, and she lost it in front of him. Regarding J.G., [the
case manager] opined Mother does not have a parent-child bond
with him. She noted that when J.G. comes to visitation[,] he
spends time near the door always asking when [his paternal aunt]
will return to pick [T.G. and him] up and looks forward to the end
of the visits.
[The case worker] testified the children have lived in the current
Kinship foster home for two years[,] and the Kinship foster
parents are interested in adoption. She testified the children look
to their paternal aunt and uncle for love, protection, and support.
She opined the children would not suffer irreparable harm if
Mother's paternal rights were terminated because [the children]
are not bonded to Mother [but, rather,] are bonded with their aunt
and uncle. She further opined it would be in the children’s best
interests to be freed for adoption.
Id. at 18-21 (record citations and extraneous capitalization omitted).
A review of the record demonstrates that in April 2020, vis-à-vis a family
agreement, the children began living apart from Mother and Father and living,
instead, with their paternal aunt and uncle. N.T., 5/3/22, at 13-14. The
children began residing with their aunt and uncle because Mother and Father
“could not control their substance abuse or domestic violence” and they were
not attending to the children’s medical needs. Id. at 14. At that time,
Mother’s reunification goals, pursuant to her SCP, were, inter alia, (1) to
ensure that the children’s medical and dental needs were being met and all
necessary consent forms were provided; (2) to complete a dual-diagnosis
assessment, follow any recommendations based on that assessment, and
submit to three random drug and alcohol screenings; (3) participate in, and
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complete, a mental health treatment program; (4) attend ARC for parenting
skills training and employment and housing services; (5) participate in
domestic violence counseling; and (6) attend supervised visitation with the
children. Id. at 16-17.
On September 29, 2020, the children were adjudicated “dependent
children,” and legal custody was granted to DHS with the aunt and uncle
continuing to maintain physical custody pursuant to a Kinship foster care
arrangement. See DHS Exhibit 2, at 33-34. Over the course of the next year
and six months (September 2020 to March 2022), the trial court conducted
several permanency review and status review hearings.9 The outcome of
these hearings was, inter alia, (1) a continuation of placement of the children
with the aunt and uncle; (2) the maintaining of a placement plan of
reunification of the children with Mother; and (3) a reiteration of Mother’s SCP
goals for reunification. Id. at 34-41. It was noted at the June 2021
permanency hearing that Mother and Father relocated to Vineland, New
Jersey. Id. at 38. It was also documented at the June 2021, and the
December 2021, permanency hearings that there was “minimal compliance”
by Mother in meeting her reunification goals. Id. at 37, 40.
____________________________________________
9 Permanency review hearings were held on February 11, 2021, June 25,
2021, and December 8, 2021. Status review hearings were held on
September 23, 2021, and March 10, 2022, although this last hearing was
continued to provide Mother and Father an opportunity “to deliver documents
relating to services they have participated in” to DHS. See DHS Exhibit 2, at
34-41.
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At the termination hearing, the case manager testified that, in the six
months preceding the filing of the petitions for termination of Mother’s
parental rights (September 2021 to March 2022), Mother did not attend ARC
for parenting skills education and housing and job assistance. N.T., 5/3/22,
at 17. The case manager also stated that Mother did not provide proof that
she was enrolled in, or had completed, a mental health treatment program or
domestic violence counseling, as required under her reunification plan. Id.
Mother also did not attend her three random drug screenings as required. Id.
at 19. The case manager stated that when she questioned Mother about her
compliance with these reunification goals, Mother stated she would attend an
all-encompassing program, covering drug and alcohol, mental health, and
domestic violence services, with a provider in New Jersey, where Mother
currently resided. Id. at 18. The case manager stated that Mother never
provided proof of completion of an all-encompassing program or contact
information for the provider. Id. The case manager also described Mother as
being inconsistent with her involvement in the children’s lives, noting that
since the March 10, 2022 status review hearing, Mother only attended two out
of the eight arranged visitation sessions. Id. at 19-20. Mother informed the
case manager that transportation was an issue with her attending the
visitation sessions. Id. at 20. The case manager told Mother that
transportation could be arranged with advance notice, but Mother never
contacted the case manager about arranging transportation to the missed
visitation sessions. Id.
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The case manager testified that Mother’s New Jersey children and youth
services case worker informed the case manager that Mother participated in
domestic violence counseling services in New Jersey and was involved with a
treatment services provider also in New Jersey.10 Id. at 19. The case
manager attempted to contact Mother about obtaining proof of Mother’s
participation in these New Jersey-based programs, but Mother never returned
the case manager’s inquiries. Id. The New Jersey case worker also informed
the case manager that Mother tested positive on each test administered for
drug use. Id. at 22.
Upon review, we concur with the trial court, and the record supports,
that Mother abandoned and failed to perform her parental duties with regard
to T.G. and J.G. DHS has proven by clear and convincing evidence the
statutory criteria under Section 2511(a)(1) for termination of Mother’s
parental rights to the children. Moreover, despite receiving a subpoena to
appear at the termination hearing, Mother did not attend the termination
hearing to provide an explanation of her absence from the children’s lives.
See N.T., 5/3/22, at 2, 5-7, and DHS Exhibit 1. We further concur with the
trial court, and the record supports, that since abandoning her parental duties
in April 2020, and in particular within the six months prior to the filing of the
____________________________________________
10As noted supra, Mother and Father were “active” with New Jersey children
and youth services related to their infant child, who is not the subject of the
case sub judice. N.T., 5/3/22, at 18.
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petitions for termination of parental rights, Mother has put forth no effort or
only minimal effort to maintain parent-child relationships with T.G. or J.G.
Finally, in considering the effects termination of Mother’s parental rights
would have on the children, as well as the best interests of the children,
pursuant to Section 2511(b), the trial court noted that termination of Mother’s
parental rights would not have an irreparable effect on the children and that
it was in the best interests of the children that Mother’s parental rights were
terminated. Trial Court Opinion, 7/6/21, at 21. Upon review, we concur with
the trial court, and the record supports, that termination of Mother’s parental
rights is in the best interest of the children pursuant to Section 2511(b). The
case manager testified that she had opportunities in which to observe Mother
interacting with the children, and, in her opinion, neither child had a
parent-child bond with Mother. Specifically, the case manager, in describing
Mother’s relationship with T.G. as unhealthy, recalled an incident where
Mother’s conduct was inappropriate. N.T., 5/3/22, at 26. On this occasion,
Mother falsely told T.G. that his paternal aunt was not his relative and due, in
part, to T.G.’s Down Syndrome condition, he became upset and angry. Id.
The case manager stated that Mother showed little care or concern as to the
effect her false statement had on T.G. Id. With regard to J.G., the case
manager stated that her assessment of the lack of a parent-child bond was
based upon her observation that, during visitation with Mother, J.G. would
remain “at the door” asking if his aunt were there yet. Id. at 27. The case
manager testified that the children looked to their aunt and uncle, rather than
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Mother and Father, for love, protection, and support. Id. at 28-29. The case
manager’s assessment of the children and the lack of a parent-child bond with
Mother was uncontested as Mother failed to appear at the termination hearing,
further demonstrating the lack of a loving and supportive relationship with the
children.
For these reasons, we concur with the trial court, and the record
supports, that DHS has proven by clear and convincing evidence that grounds
for termination of Mother’s parental rights exists under Section 2511(a)(1)
and (b). Consequently, we discern no error of law or abuse of discretion in
the decrees terminating Mother’s parental rights to T.G. or J.G.
In her third issue, Mother challenges the trial court’s order changing the
children’s permanent placement goal from reunification to adoption. Mother’s
Brief at 24-28. Mother argues,
A change in the permanency goal for the [c]hildren is at best
premature. T.G. was sixteen years old at the time of the May 3,
2022 hearing, and fourteen years old when removed from Mother.
He had a relationship with Mother, who was working on her
objectives in New Jersey. Likewise, Mother was developing a
relationship with J.G. through visitation. . . . [J.G.] was two years
old at the time of the May 3, 2022 hearing. [He] spent several of
his first months of life with Mother before moving to his [aunt and
uncle’s] home in kinship foster care.
Mother’s Brief at 24-26, 27.
In cases involving a [trial] court's order changing the placement
goal from [reunification] to adoption, our standard of review is
abuse of discretion. To hold the trial court abused its discretion,
we must determine its judgment was manifestly unreasonable,
that the [trial] court disregarded the law, or that its action was a
result of partiality, prejudice, bias[,] or ill[-]will. While this Court
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is bound by the facts determined in the trial court, we are not tied
to the [trial] court's inferences, deductions[,] and conclusions[.
We] have a responsibility to ensure that the record represents a
comprehensive inquiry and that the [trial court] applied the
appropriate legal principles to that record. Therefore, our scope
of review is broad.
In re S.B., 943 A.2d 973, 977 (Pa. Super. 2008) (citations and quotation
marks omitted), appeal denied, 959 A.2d 320 (Pa. 2008). “[T]he focus of
dependency proceedings is upon the best interest of the children and [] those
considerations supersede all other concerns, including the conduct and the
rights of the parent.” In Interest of L.T., 158 A.3d 1266, 1276 (Pa. Super.
2017) (original quotation marks omitted) (stating, “[i]n a change of goal
proceeding, the best interests of the child, and not the interests of the parent,
must guide the trial court, and the parent's rights are secondary”); see also
In re N.C., 909 A.2d 818, 823 (Pa. Super. 2006) (stating, “[s]afety,
permanency, and well-being of the child must take precedence over all other
considerations, including the rights of the parents” (emphasis in original)).
“When the child welfare agency has made reasonable efforts to return a foster
child to his or her biological parent, but those efforts have failed, then the
agency must redirect its efforts towards placing the child in an adoptive
home.” N.C., 909 A.2d at 823. Courts of this Commonwealth have long
recognized 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.”
L.T., 158 A.3d 1276, citing N.C., 909 A.2d at 824.
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Section 6351 of the Adoption Act, governing disposition of dependent
children, directs trial courts to systematically conduct permanency hearings
“for the purpose of determining or reviewing the permanency plan of the child,
the date by which the goal of permanency for the child might be achieved[,]
and whether placement continues to be best suited to the safety, protection[,]
and physical, mental[,] and moral welfare of the child.” 42 Pa.C.S.A.
§ 6351(e)(1). Section 6351(f) requires the trial court, at each permanency
hearing, to determine all of the following:
(1) The continuing necessity for and appropriateness of the
placement.
(2) The appropriateness, feasibility and extent of compliance with
the permanency plan developed for the child.
(3) The extent of progress made toward alleviating the
circumstances which necessitated the original placement.
(4) The appropriateness and feasibility of the current placement
goal for the child.
(5) The likely date by which the placement goal for the child might
be achieved.
(5.1) Whether reasonable efforts were made to finalize the
permanency plan in effect.
(6) Whether the child is safe.
(7) If the child has been placed outside the Commonwealth,
whether the placement continues to be best suited to the safety,
protection and physical, mental and moral welfare of the child.
(8) The services needed to assist a child who is 14 years of age or
older to make the transition to successful adulthood.
(8.1) Whether the child continues to meet the definition of “child”
and has requested that the court continue jurisdiction pursuant to
section 6302 if the child is between 18 and 21 years of age.
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(8.2) That a transition plan has been presented in accordance with
section 475 of the Social Security Act (49 Stat. 620, 42 U.S.C.[A.]
§ 675(5)(H)).
(9) If the child has been in placement for at least 15 of the last 22
months or the court has determined that aggravated
circumstances exist and that reasonable efforts to prevent or
eliminate the need to remove the child from the child's parent,
guardian or custodian or to preserve and reunify the family need
not be made or continue to be made, whether the county agency
has filed or sought to join a petition to terminate parental rights
and to identify, recruit, process and approve a qualified family to
adopt the child unless:
(i) the child is being cared for by a relative best suited to
the physical, mental and moral welfare of the child;
(ii) the county agency has documented a compelling reason
for determining that filing a petition to terminate parental
rights would not serve the needs and welfare of the child;
or
(iii) the child's family has not been provided with necessary
services to achieve the safe return to the child's parent,
guardian or custodian within the time frames set forth in the
permanency plan.
(10) If a sibling of a child has been removed from his home and
is in a different placement setting than the child, whether
reasonable efforts have been made to place the child and the
sibling of the child together or whether such joint placement is
contrary to the safety or well-being of the child or sibling.
(11) If the child has a sibling, whether visitation of the child with
that sibling is occurring no less than twice a month, unless a
finding is made that visitation is contrary to the safety or well-
being of the child or sibling.
(12) If the child has been placed with a caregiver, whether the
child is being provided with regular, ongoing opportunities to
participate in age-appropriate or developmentally appropriate
activities. In order to make the determination under this
paragraph, the county agency shall document the steps it has
taken to ensure that:
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(i) the caregiver is following the reasonable and prudent
parent standard; and
(ii) the child has regular, ongoing opportunities to engage in
age-appropriate or developmentally appropriate activities.
The county agency shall consult with the child regarding
opportunities to engage in such activities.
42 Pa.C.S.A. § 6351(f).11
Although Mother does not cite to the specific sections of Section 6351(f)
that are subject to her challenge, a review of Mother’s argument – that the
change in the permanency plan to adoption was premature because Mother
was working on achieving her reunification goals – demonstrates a challenge
to the trial court’s findings under Section 6351(f)(2), (f)(5), and (f)(5.1). In
granting DHS’s request to change the permanency goal to adoption, the trial
court explained,
[The trial] court heard credible, persuasive testimony that Mother
is not ready, willing, and able to care for [the children]. Paternal
____________________________________________
11 We note that, effective January 2, 2023, criteria 8 and 8.2 will state as
follows:
(8) The services needed to assist a child who is 14 years of age or
older to make the transition to successful adulthood, and
whether the services are being provided as required under
67 Pa.C.S.[A.] § 7505 (relating to transition plan and
services).
(8.2) If the child is 18 years of age or older, whether a
suitable transition plan has been presented in accordance with
section 475 of the Social Security Act (49 Stat. 620, 42 U.S.C.[A.]
§ 675(5)(H)) and 67 Pa.C.S.[A.] § 7505.
2022 Pa. Legis. Serv. Act. 2022-118 (H.B. 1866) (enacted Nov. 3, 2022,
effective Jan. 2, 2023).
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aunt and uncle are the pre-adoptive resource for the children and
are able to provide safety and permanency for them. It is in [the
children’s] best interests to be adopted by [their aunt and uncle.]
[The trial] court finds the record sustains the factual findings and
legal conclusions that reunification is not feasible and that enough
competent[,] clear[,] and convincing evidence exists to change
the permanency goals for the children from reunification to
adoption.
Trial Court Opinion, 7/6/22, at 22-23 (extraneous capitalization omitted).
Based upon a review of the record, we concur with the trial court, and
the record supports, that Mother has not complied with her reunification goals
and, as such, it is in the best interest of the children that the permanency goal
be changed to adoption. As discussed supra, despite requests by the case
manager, Mother, who did not attend the permanency hearing on May 3,
2022, did not provide proof of compliance with her reunification goals,
including, inter alia, that she attended parenting, job, and housing training,
participated in, and completed, mental health and drug and alcohol treatment
programs, obtained domestic violence counseling, underwent drug
screenings, and maintained an active presence in the children’s lives. Rather,
when asked for proof of documentation about her participation in such
counseling and treatment programs, Mother failed to return telephone
inquiries or to provide documentation and contact information for the
providers. Moreover, Mother has only visited with the children two out of eight
times since the permanency hearing on March 10, 2022, and reportedly
continues to test positive for drug use. Some of Mother’s reunification goals
began as part of her SCP in October 2019. Mother voluntarily placed the
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children with the children’s aunt and uncle in April 2020, because of, inter alia,
her underlying drug and alcohol problems, and the children were adjudicated
dependent in September 2020. Mother’s reunification goals, as discussed
supra, have remained relatively the same for more than 18 months from the
time the children were adjudicated dependent until the termination hearing
on May 3, 2022. The children currently reside in a stable, loving home with
their aunt and uncle who provide them with safety, security, and love. While
in the care of the aunt and uncle, the children have maintained attendance at
school and daycare facilities and their medical and dental needs continue to
be met. We concur with the trial court, and the record supports, that a change
in the permanency goal to adoption is in the best interests of the children.
While Mother argues that such a change is “premature,” the record confirms
that Mother has not performed her parental duties and the children’s lives
simply cannot be put on hold in the hope that Mother may eventually summon
the ability to handle the responsibilities of parenting. Therefore, we conclude
that the trial court did not commit an error of law or abuse its discretion in
changing the children’s permanency goals to adoption.
Decrees affirmed. Orders affirmed.
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Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 12/6/2022
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