In Re: R.B.S., Jr., a Minor

J-A28015-21
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
IN RE: R.B.S., JR., A MINOR : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
APPEAL OF: R.B.S., FATHER :
:
:
:
:
: No. 858 MDA 2021
Appeal from the Decree Entered May 27, 2021
In the Court of Common Pleas of Mifflin County Orphans' Court at No(s):
2020-00011
BEFORE: LAZARUS, J., NICHOLS, J., and STEVENS, P.J.E.*
MEMORANDUM BY LAZARUS, J.: FILED: MARCH 15, 2022
R.B.S. (Father) appeals from the decree, entered in the Court of
Common Pleas of Mifflin County, Orphans’ Court Division, involuntarily
terminating his parental rights to R.B.S., Jr. (Child) (born 12/10),1 pursuant
to 23 Pa.C.S.A. §§ 2511(a)(2), (5), (8) and (b) of the Adoption Act.2 After
careful review, we affirm based on the opinion authored by the Honorable
Aaron L. Gingrich.3
____________________________________________
* Former Justice specially assigned to the Superior Court.
1 The court also terminated Mother’s parental rights to Child. Mother’s appeal
is docketed at 812 MDA 2021.
2 23 Pa.C.S.A. §§ 2101-2938.
3 Guardian ad litem, Erica J. Shoaf, did not file a brief, stating she supported
the brief filed by Appellee Mifflin County Children and Youth Services (Agency).
See Letter, 10/15/21. Child was also represented at the hearing by Brian R.
(Footnote Continued Next Page)
J-A28015-21
The family has a history with the Agency pertaining to concerns of
domestic and sexual abuse, drug use, lack of supervision and other safety
concerns. On December 1, 2017, following Mother’s arrest with three of her
four children in the car with her, and Father testing positive for cocaine, Child
and his three siblings were adjudicated dependent and placed in the custody
of the Agency. See Dependency Order of Adjudication, 12/1/17.
In his opinion, Judge Gingrich sets forth the history of this case:
[Child] has a diagnosis of Post-Traumatic Stress Disorder [PTSD].
[Child’s] mental health has deteriorated throughout the duration
of this case. The underlying facts of [Child’s] PTSD are hard to
discern. [Child] alleges that Father sexually abused him and his
siblings, which has led to many of [Child’s] mental health issues
throughout this case. These allegations were [deemed]
unfounded by the Agency. However, through extensive
testimony, [Child] has witnesse[d], and potentially been
subject[ed] to, domestic violence at the hands of [] Father.
Additionally, [Child] has special education services and an
individualized education plan [(IEP)] through the school. [Child]
has significant mental health concerns[,] which has caused him to
move placements three times during the course of this case.
____________________________________________
Baker, Esquire. See In re: Adoption of L.B.M., 161 A.3d 172, 180 (Pa.
2017) (“[W]hen a child’s relationship with his or her birth family could be
severed permanently and against the wishes of the parents, the legislature
made the policy judgment, as is evidenced from the plain, unambiguous
language of the statute, that a lawyer who represents the child’s legal
interests, and who is directed by the child, is a necessity.”). As our Court has
explained, a child’s legal interests are distinct from his best interests. In re:
Adoption of L.B.M., 161 A.3d at 174. Representing the child’s “‘[l]egal
interests denotes that an attorney is to express the child’s wishes to the court
regardless of whether the attorney agrees with the child’s recommendation,”
while guardian ad litem discerns the child’s best interests; in each case, these
interests are ultimately determined by the orphans’ court.” In re: Adoption
of K.M.G., 240 A.3d at 1243 n.20 (quoting In re: T.S., 192 A.3d at 1082 n.2
(quoting Pa.R.J.C.P. 1154, cmt.)); see also In re: Adoption of L.B.M., 161
A.3d at 174 n.2.
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J-A28015-21
[Child] struggles with suicidal ideation, violent outbursts, and
goes to trauma therapy weekly.
[] Mother and Father had an incredibly tumultuous relationship.
Mother testified that the relationship was abusive and co-
dependent, and both Mother and Father struggled with drug use.
Additionally, there were allegations of physical and sexual abuse
by Father toward both Mother and the children. [ ] Father
vehemently denies the allegations that he ever sexually abused
his children, and no criminal charges have ever been filed against
Father for the alleged sexual abuse of [Child] or [Child’s] three
siblings. . . . Father’s visits were suspended [on December 17,
2019] due to the allegations of sexual abuse, and due to Father
being incarcerated.
Trial Court Opinion, 5/24/21, at 1-3.
Following the dependency adjudication, the Agency developed a Child
Permanency Plan, which included the following parental objectives for Father:
live a crime and drug-free lifestyle; maintain stable housing and income;
ensure mental health needs are met through counseling and medication
management; demonstrate parenting skills necessary to meet Child’s
emotional, developmental, and physical needs; and cooperate with Agency
and service providers. Although Father’s visits with Child were suspended on
December 17, 2019, due to the abuse allegations, the Agency continued to
provide services to Father.
Father was able to maintain housing and employment, however he was
incarcerated twice throughout the dependency proceeding, refused 21 of 28
drug screens, and tested positive for cocaine on January 9, 2019. Despite a
three-year effort by the Agency and Families in Crisis Services (FICS), Father’s
progress was “minimal” throughout dependency. Notably, Father attended
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only 6 of 39 parenting education sessions and 12 out of 40 counseling
sessions. Once incarcerated, Father attended all scheduled sessions. After
his release, however, Father attended only 17 of 28 sessions. See N.T.
Termination Hearing, 3/10/21, at 320-31. The Agency petitioned for
termination of Father’s parental rights on June 4, 2020. After September 5,
2020, Father failed to attend any counseling or parenting sessions,
complaining that they cut into his “me” time. Id. at 320-21.
At the termination hearings on February 2, 2021, and March 10, 2021,
the court heard testimony from Agency assistant director, Nicole Patkalitsy,
Dr. Kristen Hennessy, Child’s treating psychologist and expert in childhood
trauma, David G. Ray, a licensed psychologist, and Darlene Griffith, a family
counselor at Family Intervention Crisis Services (FICS), who provided
reunification services to both Father and Mother. Following the hearings, the
court terminated Father’s parental rights to Child.4
____________________________________________
4The relevant grounds for termination, as set forth 23 Pa.C.S.A. § 2511, are
as follows:
(a) General rule.--The rights of a parent in regard to a child may
be terminated after a petition filed on any of the following
grounds:
(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.
(Footnote Continued Next Page)
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J-A28015-21
On appeal, Father raises one issue: “Whether [Father] will be able to
remedy the conditions causing his current incapacity?” Appellant’s Brief, at 7.
Although the court terminated Father’s parental rights to Child pursuant to
sections 2511(a)(2), (5) and (8), Father’s appeal addresses only section
2511(a)(2). See Appellant’s Brief, at 7-9. See also supra n.4.
In cases involving termination of parental rights, “our standard of review
is limited to determining whether the order of the trial court is supported by
competent evidence, and whether the trial court gave adequate consideration
to the effect of such a decree on the welfare of the child.” In re Z.P., 994
____________________________________________
...
(5) The child has been removed from the care of the parent
by the court or under a voluntary agreement with an agency
for a period of at least six months, the conditions which led
to the removal or placement of the child continue to exist,
the parent cannot or will not remedy those conditions within
a reasonable period of time, the services or assistance
reasonably available to the parent are not likely to remedy
the conditions which led to the removal or placement of the
child within a reasonable period of time and termination of
the parental rights would best serve the needs and welfare
of the child.
...
(8) The child has been removed from the care of the parent
by the court or under a voluntary agreement with an
agency, 12 months or more have elapsed from the date of
removal or placement, the conditions which led to the
removal or placement of the child continue to exist and
termination of parental rights would best serve the needs
and welfare of the child.
23 Pa.C.S.A. §§ 2511(a)(2), (5) & (8).
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A.2d 1108, 1115 (Pa. Super. 2010) (quoting In re I.J., 972 A.2d 5, 8 (Pa.
Super. 2009)). “Absent an abuse of discretion, an error of law, or insufficient
evidentiary support for the trial court’s decision, the decree must stand.” In
re B.L.W., 843 A.2d 380, 383 (Pa. Super. 2004) (en banc) (internal citations
omitted). On review, “we employ a broad, comprehensive review of the record
in order to determine whether the trial court’s decision is supported by
competent evidence.” Id.Parental rights may be involuntarily terminated where any one
subsection of [s]ection 2511(a) is satisfied, along with
consideration of the subsection 2511(b) provisions. 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 [s]ection 2511(a). Only if the court determines that
the parent’s conduct warrants termination of his . . . parental
rights does the court engage in the second part of the analysis
pursuant to [s]ection 2511(b): determination of the needs and
welfare of the child under the standard of best interests of the
child.
In re L.M., 923 A.2d 505, 511 (Pa. Super. 2007) (internal citations omitted).
Notably, the Agency has provided services for the past three years, yet
Father frames his issue in terms of future ability. Father states he “believes
the court erred in failing to consider [his] ability to remedy said incapacity in
the near future.” Appellant’s Brief, at 9-10. This argument is meritless.
Simply stated, Father is out of time. See In re B., N.M., 856 A.2d 847, 855
(Pa. Super. 2004) (“Parental rights are not preserved by waiting for a more
suitable or convenient time to perform one's parental responsibilities while
others provide the child with [the child's] physical and emotional needs.”).
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We also note that Father presented no evidence of a bond between
Father and Child, and the Agency presented considerable evidence that Child
is bonded with his foster family, an adoptive resource. See 23 Pa.C.S.A. §
2511(b). See also In re J.N.M., 177 A.3d 937, 943-44 (Pa. Super. 2018)
(stating that, in performing best-interest analysis pursuant to section 2511(b),
trial court should consider parent-child bond, if any exists, safety needs of the
child, intangibles, such as love, comfort, security, and stability child may have
with current caregiver, and importance of continuing any relationship child
may have with caregiver); In re Z.P., supra (evidence was sufficient to
establish father had no bond with child and remaining with foster parents or
being adopted would serve child’s best interests).
After our review, we find no abuse of discretion or error of law. B.L.W.,
supra. Accordingly, we rely on Judge Gingrich’s opinion to affirm the decree
terminating his parental rights to Child, and we direct the parties to attach a
copy of that opinion in the event of further proceedings. See Trial Court
Opinion 5/24/21, at 12-13, 17-18) (finding Agency established clear and
convincing evidence for terminating Father’s parental rights pursuant to
section 2511(a)(2); finding “no bond or attachment between [Child] and
Father” and terminating Father’s parent rights best serves Child’s
developmental, emotional, and physical needs pursuant to section 2511(b)).
Decree affirmed.
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J-A28015-21
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 03/15/2022
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Circulated QJ
21 IS 5-C•
IN
IN THE COURT OF COMMON
TIME COURT COMMON PLEAS
OF FLEAS OF MIFFLIN COUNTY,
OF MIFFLIN COUNTY, PENNSYL,'VANIA
PENNSYLVANIA
ORPHAN'S
ORPHAN'S COURT
COURT DIVISION
DIVISION
IN RE:
IN Parental Action No. 11 of 2020
2.020
R. B. S. jr,,
R.BS. Jr.,
aaminor child.
ORDER and
ODER and OPINION
2f�ay
AND NOW,
NOW, this
th,s J •i.ay cl
of J\.fay,
May, 2021, upon
upon consideration of the Petition for Involuntary
Termination of Parental Rights,
Rights, filed by
by Mifflin County Children and Youth
Youth Social Services Agency
(hereinafter "Agency")to
(hereinafter "Agency") to terminate
terminate the
the parental rights of AAWB00
parental rights Ra SSys,, Sr., It
A.a B and R@• it
is hereby
hereby ORDERED and DECREED said Petition is
is GRANTED.
FACTUAL AND PROCEDURAL HISTORY
R.B.S. Jr.
RB.S. Jr. was born on Decemberr
Decembe t 2010, and at the time of the termination here was ten (10)
years old.
years old. The natural mother oiR.B.S.Jr.
of R.B.S. Jr.is
is AAM
AA BdW
B (hereafter "Mother")
" Mother"} and the
the natural father
of R.B.S. Jr. is Re»S
o£RBS.Jr.is Row wwSX*wxW Sr.
Sr. (hereafter
(hereafter "Father).
"Father). R.B.S. Jr. was adjudicated dependent, along
with
with 'his
his three {3)
(3) siblings
siblings on December 1, 2017. R.B.S.
RB.S. Jr:
Jr'sssiblings have since returned to care of
Mother.
On November 19,
On 2017, Mother was arrested with three of her {our
19, 2017, four children in the car with
her. Mother
her. Mother was
was arrested driving with
arrested for driving with aasuspended
suspended license,
license, endangering the welfare children,
welfare of cduldrer,
possession
possession of drug
drug paraphernalia,
paraphernalia, driving
driving under
under the influence of aacontrolled
controlled substance, driving
driving
with operating privilege
with operating suspended or revoked, general
privilege is suspended general lighting requirements, and failure to use
aasafety
safety belt
beit system.
system. Father,
Father, on November 20, 2017, had tested positive for cocaine. The children,
1I
including
including R.B.S.
RR.BS. Jr., were taken.
taken into protective
protective custody, and were all adjudicated dependent on
December
December 1,
1, 2017.
The Agency
Agency made parental
parental objectives
objectives for Mother and Father.
Father. Mother's objectives were her
protective capacity,
protective meeting her
capacity, meeting her mental health needs, ensuring medical, emotional, and physical
needs
needs are
are met, safe and
met, safe and stable housing,
housing, stable income,
income, aadrug
drug free life, proper
fee life, proper parenting,
parenting, and agency
cooperation.
cooperation. Father's objectives
objectives were similar to Mother's
Mothers objectives.
objectives. Case Supervisor, Nicole
Patkalitsky,
Patkalitsky, testified that
that Mother
Mother and
and Father
Father have failed
failed to
to alleviate any
any of the concerns that
that led to
adjudication.
adjudication
R.B.S. Jr. is the child subject
R.BS. Jr. subject to this termination.
termination. R.B.S. Jr. has aadiagnosis of Post-Traumatic
RB.S. Jr.
Stress
Stress Disorder (hereafter "PTSD").
(hereafter "PTSD". R.B.S.
RBS. Jr.'s
Jr's mental health has deteriorated throughout the
duration
duration of this case.
case. The underlying
underlying facts of R.B.S.
R.B.S. Jr.'s R.B.S. Jr. alleges
Jr's PTSD are hard to discern. RB.S.
that Father
that sexually abused him and his siblings,
Father sexually siblings, which has led to many
mar.y of R.B.S. Jr.'s mental health
issues
issues throughout
throughout this case.
case. These allegations were unfounded by the Agency.
These allegations Agency, However, through
extensive testimony, R.B.S. Jr.
testimony, RB.S. Jr. has witnesses, and potentially been subject to, domestic violence at
the hands
the of his
hands of his Father.
Father. Additionally,
Additionally, R.B.S. Jr. has
R.B.S. Jr. has special
special education
education services
services and an individualized
an individualizer
education plan
education plan (hereafter
{hereafter "IEP") through the school. R.B.S.
"TEP") trough Jr. has
R.B.S.Jr. has significant mental
mental health concerns,
concems,
which
which has
has caused him
him to
to move placements
placements three
three times during the course of
of this case. R.B.S.
this case. R.B.S. Jr
Jr.
struggles with
struggles with suicidal ideation,
ideation, violent outbursts, and goes to trauma therapy weekly.
Testimony provided that
Testimony provided that Mother and Father had an incredibly tumultuous relationship
relationship.
Mother testified
Mother that the
testified that the relationship
relationship was abusive and co-dependent, and both Mother and Father
2
2
struggled with
struggled drug use,
with drug use. Additionally,
Additionally, there were allegations
allegations of physical
physical and sexual abuse by Father
toward
toward both
both Mother
Mother and
and the children. Mother testified that it
it was very con:using
confusing to discern the
truth
truth of
of these statements,
statements. While Mother testified that she now believes there was sexual abuse, and
that the children have since opened
opened up
up to her about their experience (expect for R,B,S. Jr. as visitation
RB.S.Jr.
was suspended
suspended which will be discussed below),
below), Mother testified that the children often would tell
veil
her sexual abuse happened,
her sexual happened, and then quickly
quickly recant.
recant. However, when Mother found aasuspicious
substance
substance in R.B.S. Jr.'s
in R.BS. Jr's underwear,
underwear, she did notify Agency and take the
notify the Agency :he child to the hospital.
hospital
Mother
Mother testified
testified that it confused her when the Agency
Agency deemed the allegations as unfounded, and
then two
then of the
two of the children told
told her sexual abuse did not happen.
happen. However, Mother testified that one
of
of her
her children
children is ready
ready to come forward and pursue
pursue criminal action against Father, and that Mother
now
now understands there was abuse and supports
supports all of her children, including R.B.S.
R.B.S. Jr. in receiving
help. vehemently denies
help. Father vehemently derides the allegations
allegations that
that he ever sexually
sexualiy abused his children, and no
criminal
criminal charges
charges have ever been filed against
against Father for
{or the alleged sexual abuse of R.B.S.
R.B.S, Jr
Jr. or his
three siblings.
three siblings. The Agency,
The Agency, however,
however, testified that not
testified that rot believing
believing and supporting R.B.S.
and supporting Jr.'s
RB.S. Jr's
allegations
allegations from the beginning,
beginning, and consistently
consistently throughout,
throughout, points to Mother's lack of protective
capacity, one of Mother's
capacity, one goals. Dr.
Mother's goals. Hennessy further testified that Mother not consistently believing
Dr. Hennessy
R.B.S.
R.B.S. Jr,
Jr has
has caused R.B.S.
RB.S. Jr.
Jr. to be
be re-traumatized.
te-traumatized.
The
The Agency
Agency additionally
additionally had concerns that
had concems that it tools Mother
it took Mother such
such aalong time to leave Father.
Father
Case workers testified that Mother would lie about having contact with Father, hid his belongings
in
in her home,
home, allowed the children access to Father, failed to obtain
obtain aaProtection From Abuse, and
33
this all
this demonstrated her lack
all demonstrated lack of
of protective capacity. Mother
protective capacity. Mother testified
testified that
that these
these allegations from the
the
Agency
Agency are
are not true. Mother
not true. Mother stated that she worked
worked with
with the
the Abuse Network and was guided
guide to
wait
wait until
until Father was
was nearly
nearly out o£ jail before obtaining
of jail obtaining a PFA. Additionally, Mother kept Father's
a PFA.
belongings in
belongings in aashed away
away irom
from the children, except
except for
for aatelevision
television because Mother
Mother did
did not believe
believe
that
that a
a television
television would trigger the children. Mother
would trigger Mother testified she
she kept
kept these she
these belongings until she
could find aathird party
could party to give
give the
the belongings
belongings back
back to
t Father.
Father. Additionally,
Additionally, Mother
Mother testified that
the children never had access to
the to get
get into
into contact with Father.
Father. Mother testified that while the children
play
play on
on her phone the
her phone the number to the jail Father was
the jail was incarcerated in was blocked,
incarcerated in blocked, and she only
only
unblocked
unblocked the jail
jail number near the end of Father's incarceration to attempt to give his
his belongings to
a
a third party,
party, and promptly
promptly blocked the number again.
again. Mother does believe that R.B,S.
R.B.S. Jr.
Jr has been
traumatized by
traumatized by the domestic violence in the home and the combined drug use of her and Father
before
before Mother got
got sober.
The Agency
Agency took a
alarge
large issue over Mother's alleged
alleged inconsistency and her alleged inability
to tell the Agency
to Agency also had extensive testimony about Mother's alleged
Agency the truth. The Agency
inability to
inability to "buy
"buy in"
in" to
to R.B.S.
R.B.S. Jr.'s
Jr's trauma.
trauma. The
The Agency
Agency had
had Kristen
Kristen Hennessy,
Hennessy, Ph.D,,
Ph.D., licensed
licensed
psychologist, testify to her time with R.B.S.
psychologist, testify Dr. Hennessey
Jr., as well as conversations with Mother. Dr.
R.BS.Jr,
testified R.B.S. Jr. does not fee]
testified that R.B.S.Jr. feel safe due to Mother's behaviors. Dr.
Dr. Hennessey testified that she
believes
believes Mother is not consistent in believing
believing that R.B.S.
R.B.S. Jr. was traumatized by both Mother and
Father.
Father. Dr. Hennessey RB.S. Jr.
Hennessey testified that R.B.S. Jr. has very
very specific triggers and very volatile responses
to
to triggers. R,B.S, Jr.
triggers. RB.S Jr. has on previous
previous occasions attempted to harm himself and his foster parents.
44
Some
Some of the discussed triggers
triggers were images
images of Minnie Mouse (said to remind him
hire of his biological
sister), (which remind him of Father), and Zoom visitation (due to unfounded
sister), noise makers (which
allegations
allegations that technology
technology played
played aarole in R.B.S. jr,'s
Jr.'s sexual assault). Visits with Father have been
suspended since
suspended since November 8, 2019,
November 8, 2019, Mother's visits were suspended on December
visits were 17, 2019,
December 17, 2019, and
visitation wth R.B.S.
visitation with R.B.S. Jr.'s siblings was
Jr's siblings was suspended on July
suspended on 14, 2020
July 14, 2020.
There
There was extensive testimony
testimony over the suspended
suspended visitation. Father's visits were suspended
due
due to the allegations
allegations of sexual abuse, and due to Father being incarcerated.
incarcerated. Dr.
Dr. Hennessy
recommended suspending
recommended suspending Mother's
Mother's visitation
visitation after receiving
receiving information from R.B.S. Jr.'s
from R.BS. Jr's
placement at the time that when he was told about visits, he would have sexual and violent reactions.
placement arthe
The
The incident
incident Dr.
Dr. Hennessy
Hennessy specifically
specifically outlined was
was when R.B.S.
R.B.S. Jr.
Jr. was told
told about aavisit
visit he began
smacking
smacking his butt, attempting to stab his butt with chapstick,
butt, attempting chapstick, and then putting the chapsnick
chapstick in his
mouth.
mouth. This incident was followed by
by pushing
pushing his foster parents,
parents, stating he wanted to die,
attempting to choke himself,
attempting himself, and hurting wall. During this incident, R.B.S. Jr.
hurting his feet on aawall. Jr. did say
he
he wanted his Mother. Dr. Hennessy
Hennessy testified that R.B.S.
RB.S. Jr. is extremely conflicted about his feelings
Jr.is
toward
toward his
his Mother and that he
he does want
want to
to see
see her,
her, he wants
wants a
a relationship
relationship with
with her,
her, but
but he
he does
does
not
not feel safe in
feel sate in her
her care,
care. Dr. Henessy
Dr. Hennessy ultimately
ultimately asked for suspended visitation with
with Mother
because
because R.B.S. Jr. was having
RB.S. Jr. having these violent outbursts, and she wanted him to settle into the foster
home, learn how
home, 'earn how to manage
manage his
his emotions before
before attempting
attempting to
to visit with Mother. Dr.
with Mother. Dr. Hennessy
Hennessy then
then
recommended
recommended suspending
suspending visitation with R.B.S. Jr.'s
Jr's siblings after the siblings were returned to
Mother's home. In her letter recommending
Mother's suspending, visitation with
recommending suspending with the siblings, Dr. Hennessy
55
noted that
that R.B.S. Jr. was
R.B.S. Jr. was doing
doing better but after the siblings had been returned to Mother's home,
there became
there became issues with the
issues with the visits.
visits. Dr. Hennessy wrote
Dr. Hennessy wrote that
that R.B.S. Jr. had
RBS. Jr. reactions to
had reactions to how much
how much
the siblings spoke
the siblings about Mother,
spoke about and that
Mother, and that he
he had
had been thinking about
been thinking about Mother
Mother more. He then
more. He then asked
asked
to read the
to read the letter
letter his Mother
Motter wrote
wrote him,
him, which
which made
made him
him upset.
upset. The next day, R.BS.
R.B.S. Jr. was in such
was in such
aastate of crisis,
state of crisis, he
he was
was in inpatient a~lity.
in an inpatient facility. R.B.S.
RB.S. Jr. has not had contact with any family member
since
since this
this time.
time.
Dr. Hennessy
Dr. Hennessy testified
testified that this arrangement
arrangement should have been reassessed frequently, every
thirty (30) to
thirty (30) to sixty
sixty (60)
(60) days,
days, but that there was never aaformal review of the suspended visitation.
visitation
The Agency
The Agency and
and Dr. Hennessey have
Dr. Hennessey have set out tasks
tasks for Mother
Mother to complete even
even though visits were
were
suspended which
suspended which Mother did complete.
Mother did complete. One task was
One task was to get R.B.S.
to get R.B.S. Jr.
Jr. aagift, which Mother
gift, which did,
Mother did.
Testimony provided
Testimony provided from
from Dr.
Dr. Hennessey was that
Hennessey was it was
that it was ultimately
ultimatey decided not
l decided not to give the
to give the gift to
gift to
R.B.S. Jr. because the gift
RB.S. Jr. "smelled" like
gift"smelled" Like Mother and Dr. Hennessey feared a
a triggered response from
R.B.S.
R.BS. Jr.
Jr. would occur. Additionally,
would occur. Additionally, there
there was
was testimony
testimony that Mother
Mother wrote
wrote two
two letters to R.B.S. Jr.
letters to Jr,
after
after visits were suspended.
visits were suspended. Mother asked that
Mother asked that the first letter
the first letter not
not be shared, because
be shared, because Mother
Mother
recognized there
recognized h was language
tere language and phrasing
phrasing in the letter that may trigger R.B.S.
R.B.S. Jr.
jr. Afterward,
Mother wrote
Mother wrote a
a second letter which
secord letter which RB.S. Jr. asked
R.B.S. Jr. asked to be read
to be to him.
read to him. Dr.
Dr. Hennessey testified that
Hennessey testified that
after she read
after she read the
the letter, R.B,S. Jr.
letter, R.B.S. Jr. had a
a negative
negative reaction
reaction and became scared
scared of Dr.
De. Hennessey,
Hennessey, as
well as
well as having
having acrisis that
acrisis led him
that led him to
to inpatient
inpatient care.
care. Dr.
Dr. Hennessy also testified
Hennessy also testified that since suspended
that since suspended
visits,
visits, R.B.S. Jr. has expressed
R.BS.Jr. expressed desire to be with Mother, see Mother, or return to her care, but that he
also does not
also does not feel safe with
feel safe with Mother, expresses more desire to be
Mother, and expresses be adopted by his foster fami.y.
family.
66
Dr.
Dr. Hennessey
Hennessey throughout
throughout this case has been concerned throughout the life of this case because
Mother
Mother has
has been inconsistent
inconsistent with believing
believing that trauma
trauma occurred and questions the validity of
R.B.S. Jr.'s allegations.
R.B.S. Jr's allegations. Dr. Hennessy
Hennessy also testified that she has never had aasession with Mother, and
does not
does rot know Mother implemented
know how Mother implemented the techniques that
the techniques that were needed
needed to make R.B.S.
R.B.S. Jr.
Jr. feel
feel
safe. Finally,
safe. Finally, Dr.
Dr. Hennessey
Hennessey testified that she has never had contact with
with Father, and that Father
cannot even
cannot even yet
yet be
be mentioned
mentioned in therapy without
in therapy without Aanegative
regative reaction from R.B.S.
reaction from RB.S. Jr.
Jr. Dr,
Dr. Hennessey
Hennessey
testified that
testified that she
she asked
asked Father
Father to
to write
write aaletter
letter taking
taking responsibility
responsibility for R.B.S. Jr.'s
or RB.S. Jr.'s trauma and Father
trauma and Father
never did, which
never did, which stalled
stalled progress
progress she
she was
was able to make
able to make with
with R.B.S.
RB.S. Jr.
Jr. reuniting with Father.
reuniting with Father.
Additionally,
Additionally, the
the Agency
Agency had Mother
Mother undergo
undergo a
a psychological
psychological evaluation completed by
by
David G. Ray,
David G. Ray, M.
M. Ed.
Ed. David Ray testified
David Ray testified that
that Mother
Mother did have some
did have some inconsistencies
inconsistencies between
berween
Agency reports,
Agency other counseling
reports, other counseling reports, and his
reports, and his evaluation.
evaluation. David
David Ray
Ray places
places aahigh value on
high value on the
the
Agency's version
Agency's version of
of Mother
Mother throughout both his evaluation
throughout both evaluation and his testimony. In
his testimony. I his
his report dated
report dated
April
April 28,
28, 2020,
2020, his
his concerns were Mother's history of addiction, dysfunctional relationship,
relationship
parenting abilities
parenting abilities and protective capacity.
and protective capacity. David
David Ray
Ray ultimately diagnosed Mother
Mother with
Personality
Personality Disorder.'
Disorder.' David
David Ray
Ray noted that Mother
noted that Mother has
has made very positive
made very positive progress and had
progress and had
support groups in place.
support groups place. However,
However, he had concerns over Mother's inconsistencies ar.d
and poor decision
making in the past.
making in past. His
His concerns were over Mother's issues with the timeline of her drug usage, and
reports from
reports different agencies
from different that contradicted
agencies that contradicted what
what Mother
Mother reported
reported to hire. He
to him. noted that
He noted that the
'The report
'The report notes that David
notes that David Ray's diagnosis is
Ray's diagnosis is different from Project
Project Point of Light
Light (another counseling service;
service} that
that
diagnosed
diagnosed her
her with codependency
codependency and drug
drug addiction, not
not a
a personality disorder.
disorder. David Ray disagrees with that
diagnosis.
di8goos1s
7
7
visits
visits he observed
observed with Mother and the children were actually very positive, albeit chaotic. His
report indicates that R.B.S.
report Jr. does not have a
R.B.S. Jr. a healthy
healthy secure attachment
attachmer to Mother, and that sir.ce
since
visits were
visits suspended his
were suspended suicidal ideation
his suicidal ideation had
had stopped. That testimony
stopped. That testimony was
was in
in conflict with
conlict with
testimony presented by
testimony presented by other
other witnesses.
witnesses. Overall, without
without evaluating
evaluating R.B.S.
R.B.S. Jr.,
Jr., and
and based
based on reports
reports
by Dr.
by Dr. Hennessey,
Hennessey, he testified that
that R,B.S. Jr, was becoming
R.B.S, Jr. becoming more regulated..
regulated. He's overall concem.
concern
with
with Mother ability to remain consistent now that she has made progress, something he doubts
Mother is her ability
can be
can achieved given
be achieved given his
his diagnosis o
diagnosis of Mother
Mother having
having aapersonality
personality disorder.
disorder. David
David Ray ultimately
ultimately
recommended termination, and
recommended termination, and testified
testified that because there
that because there was
was not
not a
a secure
secure attachment
attachmer.t with
with
Mother,
Mother, there would be
there would minimal issues
be minimal issues severing
severing the
the bond
bond between
between Mother and R.B.S.
Mother and R.B.S. Jr.
Jr. Father
Father was
wAs
asked
asked by the Agency
by the Agency to
to have
have a
a psychological evaluation completed,
psychological evaluation completed, but never did.
but never did.
Multiple caseworkers testified
Multiple caseworkers testified in
in this
this case as
as well.
well. Overall,
Overall, there
there were concerns about
about
Mother's drug use,
Mother's drug consistency, honesty,
use, consistency, honesty, and protective capacity. Caseworkers testified that they
protective capacity.
struggle with
struggle with Mother
Mother because they do not feel that Mother follows their recommendations in this
because they
case.
case. A majority of
A majority of the
the testimony
testimony the caseworkers focused
the caseworkers on events
focused on events in 2018 and
in 2018 and 2019,
2019, prior
prior to
to
Mother
Mother getting
getting sober.
sober. The caseworkers testified that Mother could not model the proper behavior
when visits were
when visits were still
still occurring.
occurring. There
There was testimony
testimony that
that not
not all the
the concerns were
were shared with
with
Mother.
Mother. For instance,
For instance, Mother was
was unaware
unaware that
that R.B.S.
R.B.S. Jr.
Jr. had
had contracted coronavirus,
coronavirus, that
technology was
technology was a
a trigger
trigger for
for him
him because
because of the sexual abuse
abuse allegations, or that modeling
modeling that
that was
was
initially shown
initially shown to
to Mother was not effective for RB.S. Jr.
{or R.B.S. Jr. and that the modelled behavior had actually
been changed. Additionally,
been changed. Additionally, there was testimony
testimony that the Agency
Agency was not happy, or very concerned,
89
when
when the Court told the Agency
Agency to
to increase visitation with Mother. It was after this time, that R.B.S.
R.B.S
Jr. began having
Jr. began having suicidal ideation,
ideation, which
which Mother found confusing because R.B.S. Jr. had seemed to
be
be improving. Testimony regarding
improving. Testimony regarding Father
Father was
was that
that he
he was uncooperative. While he
was generally uncooperative.
participated
participated in
in some of the classes while incarcerated, he
he did not continue that after he was released.
released
they generally
Caseworkers said they generally did not have much contact with Father.
Father
Mother
Mother testified,
testified, as well as some of
of her supports within
her supports within the
the community.
community. Ann
Ann Kanagy
testified that she runs some of the support
support groups
groups Mother is with. Mother sought out
is involved with.
additional resources,
resources, above what the
the Agency
Agency set out for her. ew of these,
her. Ann Kanagy ran quite of few
which include a support group
a support group for single mothers.
single mothers. Ann Kanagy testified that she has seen a
a
tremendous change
change in Mother throughout
throughout her time at the church these groups are run out of.
of. Mother
additionally
additionally testified that finding being involved with the church has been aavery big reason
finding God and being
that her life has been turned around. Mother testified that the most frustrating part of this case is
that she felt
felt she was never communicated with by
by both Dr.
Dr. Hennessy and the Agency.
Agency. While
While Mother
testified she received the parenting
parenting plans
plans and spoke with case workers, she said aa lot of the
information about R.B.S.
RR.B.S. Jr.
Jr. was not told to
to her
her until there was a permanency review hearing before
a permanency
the Court.
the Court. Specifically,
Specifically, Mother testified that
that she
she was not R.B.S. Jr.'s suicidal ideation
not made aware of R.B.S.
until
unti aaCourt hearing
hearing where testimony
testimony was presented.
presented. Mother was greatly concerned about RB.S
R.B.S.
Jr.``s
Jr's treatment
treatment in
in this case as well.
well. Mother
Mother testified that
that "things
"things were for her
were going pretty well" [or her and
R.B.S. Jr. as she started to progress
progress through
through her case. At the outset of this case, R.B.S.
ber case. RB.S. Jr. was being
seen by a
seen by a different therapist, and
different therapist, and Mother
Mother said she
she saw an improvement.
improvement. Mother
Mother testified that
99
without
without reason,
reason, R.B.S. Jr. was moved to Dr.
RB.S. Jr. Dr. Hennessey's practice,
practice, and that is when Mother began
began. to
notice
notice aadedine
decline in
in this case, and things
this case, things like R.B.S. Jr: sviolent
like R.B.S.Jr's violent outbursts and suicidal ideation began.
began
Mother
Mother testified that this
this is something
something she discusses with her
her own therapist, and worries
worries about re-
traumatization
traumatization with R.B.S.
R.BS. Jr. decline. Mother also testified that this
Jr. as his mental state continues to decline.
case has
case been increasingly
has beer increasingly difficult because any time
because any asks
time she assk for
for clarification on aadecision the
Agency
Agency or Dr.
Dr. Hennessy
Hennessy makes,
makes, or aareason why
why decisions are being made, the Agency claims
c.aims that
she is
she is not complying with
not complying with recommendations
recommendations and that Mother lacks protective capacity.
capacity. Mother
testified
testified that
that she asked the Agency what an appropriate
the Agency appropriate gift
gift would be for R.B.S. Jr., end
(orR.BS. and was given
no guidance, so she
no guidance, she picked
picked out aaNike T-Shirt she thought he would like.
like. Mother testified
testified that she
was never informed
was never informed the
the gift
gift was inappropriate and
was inappropriate and never told that
never told that the gift was
the gift was not given to
not given to R.B.S.
R.B.S.
Jr.
Jr. Additionally,
Additionally, Mother
Mother testified
testified that
that the
the first
first letter she gave
gave R.B.S.
R.B.S. Jr. and asked
asked not to be shared is
because Mother
because Mother put
put in
in "I'm fighting
fighting for you"
you" and she thought that may trigger him and warted
wanted to
remove
remove the
the phrase.
phrase. After
After she
she removed that phrase,
phrase, she believed that the letter was fine, and was not
told
told otherwise.
Additionally, Mother
Additionally, Mother also
also testified that it's
it'sbeen
been incredibly difficult to be involved with RB.S
R.B.S.
Jr.'s therapy.
Jr's Mather testified
therapy, Mother testified that aamajority
majority of her contact with Dr. Hennessy has been by phone,
and
and that
that she is not very
she is very informed of what she needs to be doing to help RB.S.
R.B.S. Jr.'s therapy. She met
Jr's therapy.
with
with Dr.
Dr. Hennessy one time,
Hennessy one time, and
and was informed that
was informed that R.B.S.
R.B.S. Jr.
Jr. has
has an
an issue
issue with
with his
his feet.
feet. She said the
She said the
only thing
only thing Dr. Hennessy
Hennessy taught
taught her
her was to massage his feet, give him socks,
to massage socks, and talk
talk to
to him in aa
very calm
very calm voice. However, prior
voice. However, prior testimony
testimony provided
provided that calm voices do not work well with.BS
with R.B.S.
10
Jr., nor does
Jr., nar does a
a maternal
maternal figure
figure attempting to calm
attempting to R.BS. Jr.
cal down R.B.S. Jr. immediately
immediately after
after aanegative
behavior, aafact
behavior, fact Mother
Mother says
says she again, only
she again, only learned
learned during
during the hearing. Mother
the hearing. Mother testified that it
testified that it has
has
been
been incredibly
incredibly difficult to know what she needs to work on regarding
regarding R.B.S.
R.B.S. Jr.'s
Jr's mental health and
how best
how to help
best to help him, because there
him, because there is
is not
not aalot communication about
lot of communication about it.
it.
Finally,
Finally, the Guardian Ad Litem (hereafter
(hereafter "GAL") and R.B.S. Jr.'s legal counsel both presented
R.B.S.Jr.'segal
findings to the
findings to the Court.
Court. Both
Both reported
reported that this case
that this case is very difficult
is very difficult due
due to
to R.B.S.
R.BS. Jr.'s
Jr's mental state.
mental state
The GAL
The GAL reported that R.B.S. Jr. in
reported thatR.BS.Jr. in the
the latest
latest placement
placement is
is happy
happy and safe, and
and has expressed interest
in
in being
being adopted. However, the
adopted. However, GAL alalso
the GAL so reported
reported R.B.S.
R.BS. Jr.
Jr. wants
wants to see his
to see his siblings
siblings but is worried
but is worried
what
what his response maybe.
his response may be. The
The GAL stated it is clear that the child
ct;ld wants to remain in his placement,
but
but also that he
also that he wants
wants a
a relationship
relationship with
with Mother
Mother and his
his biological
biological siblings.
siblings. The GAL also reported
she is concemed
she is concerned by
by Mother's decision to
Mother's decision drive which
to drive which resulted
resulted in
in criminal
criminal charges
charges for driving on
for driving on aa
suspended license, because
suspended license, because she believes that presented
presented aa backslide in Mother's progress.
Additionally, R.B.S.
Additionally, Jr.'s legal
R.BS. Jr's legal counsel reported
reported that the child has expressed a
a desire to be adopted
adopted.
However, R.B.S. Jr.
However, RBS. Jr. does not seem to understand what termination means, and has expressed aadesire
to see his
to see his siblings.
siblings. Ultimately,
Ultimately, the GAL recommended
the GAL recommended termination, but R.BS.
termination, but R.B.S. Jr.'s legal counsel
Jr.'s legal counsel
could not make
make a
a recommendation
recommendation either
either way.
way
DISCUSSION
DISCUSSION
The Court
The Court begins
begins the discussion with
the discussion with noting
noting that
that this
this case
case is
is highly
highly complicated. There has
complicated. There has
been
been aatremendous level of progress
progress by
by Mother in this case, during the second half of placement.
placement
The Court notes
The Court notes that
that if
if the
the Court did not find that Mother had made sustained and successful
31
II
progress,
progress, the Court would
would not
rot have returned the three (3) siblings of R.B.S. Jr.
ofR.B.S. Jt. to
ta Mother's care. While
aamajority
majority of testimony
testimony was presented
presented on Mother's misgivings, the Court feels that this case comes
down to the PTSU
PTSD and mental health of R.B.S. Jr. rather than any lack of progress Mother has made
RB.S. Jr.
while
wile working towards reunification
reunification.
The court must undergo
undergo aa two-step
two-step analysis
analysis when deciding whether to terminate an
individual's parental
parental rights.
rights. First, the court must determine whether the petitioner proved with
with
clear and convincing
convincing evidence one of the grounds
grounds for termination stated in
in 23 Pa.C.S,A.
PL.C.SA. § 2511(a).
S 2511(a)
Next,
Next, the court must assess the child's developmental,
developmental, physical,
physical, and emotional needs and welfare in
in
accordance with 23 Pa.C.S.A.
Pa.CS.A. § 2511(b) and the best interest of the child standard.
52511(b) standard. The court must
consider each case's individual circumstances and the parent's explanations to determine whether
the
the "totality of the
"totality of the circumstances"
circumstances" justifies
justifies terminating
terminating the
the parent's
parent's rights. 7n re
rights. In re B.N.M.,
BNM. 856 A.2d
856 A.2d
847, 853
847, 853 (Pa.
(Pa. Super. 2004).
The Agency
The Agency alleges grounds for
alleges grounds Pa.C.S.A. $$
tor termination under 23 PA.CS.A. §§ 2511(a)02),
2511(a)(2), 23 Pa.C.S.A.
Pa.CS.A.
2511(a)(5), and 23 Pa.C.S.A.
2511(a)(5), Pa.CS.A. $g 2511(a)(8).
2511(a)(8). The Court will first address the termination grounds found
in
in all alleged sections.
all alleged sections. Then
Then it
it will separately determine
will separately determine whether
whether terminating
terminating Father
Father and
and Mother's
Mother's
parental rights
parental rights serves R.B.S.
R.B.S. Jr.'s
Jr's best
best interest.
I.
I, Termination Grounds for
for Father
A. Termination Pursuant
A. Termination Pursuant to
to 23
23 ra.C.S.A.
Pa.CS.A. § 2511(a)(2)
$ 2511()02)
Section 2511(a)(2)
2511(a)2) authorizes the court to terminate a
a parent's rights ifif:
"The
"Te repeated
repeated and continued incapacity,
incapacity, abuse, neglect or refusal of the
parent has caused the child to be without essential parental
parent parental care, control or
12
subsistence necessary
necessary for his
his physical
physical or mental well-being and the
conditions and causes of the incapacity,
incapacity, abuse, neglect
neglect or refusal cannot or
will not be remedied by
by the
the parent."
parent"
23 Pa. C,S.A. §
23Pa.CS.A. 2511(a)(2).
$2511(a)02)
The Agency
Agency has established, by
by clear and convincing evidence, the grounds for termination
terminatior
of
of Father's parental
parental rights
rights under § 2511(a)(2). Father has not cooperated with the Agency in any
g 2511(a)(2)
meaningful way which
meaningful way which has caused R.B.S. Jr.
Jr. to be without essential parental care.
care. Father has had
numerous opportunities
opportunities to
to be involved with services and has flouted almost every opportunity
opportunity.
This has caused R.B.S.
This R.S.S. Jr.
fr. to be without essential parental
parental care, control or subsistence necessary for
his physical
physical and mental well-being.
well-being. Furthermore, Father's incapacity cannot be remedied in aatimely
manner, as evidenced by
manner, as by his unwillingness to
his unwillingness participate in this
to participate this case meaningfully. 23 Pa.C.S.A.
case meaningfully, Pa.CS.A
§2511(a)(2).
$2511(a)02).
B.
B. Termination Pursuant t6
to 23 Pa,C.S.A.
Pa.CS.A, $§2511(a)(5)
Section 2511(a)(5)
2511(a)(5) permits
permits the court to terminate parental rights when.-
when:
"The
"The child has
has been
been removed
removed from
from the
the care of
of the
the parent
parent by the
the court or under
under
aavoluntary
voluntary agreement
agreement with an agency
with an agency for
for aaperiod
period of at least
of at six months,
least six months, the
the
conditions which led to the removal or placement
placement of the child continue to exist,
the parent cannot or will
parent cannot will not remedy those
not remedy those conditions within
within aareasonable
reasor.able
period
period of time,
time, the services or assistance reasonably available to the parent are
likely to remedy
not likely remedy the conditions which led to the removal or placement of
the child within a a reasonable period
period of time and termination of the parental
rights
nights would
would best serve the
best serve the needs and welfare
needs and of the
welfare of the child."
child."
23 Pa.C.S.A. §
23Pa.CS.A. 2511(a)(,5).
$2511(a)05)
The Agency
Agency has
has established,
established, by clear and convincing evidence, the grounds for termination
by dear
of
£ Father's
Father's parental
parental rights
rights under $§2511(a)(5).
2511(a)(5). Father has not cooperated
cooperated with the Agency in any
13
13
meardngful
mearungful way
way which
which has caused
caused R.B.S. Jr. to be without essential parental care.
RBS. Jr. care. Father has failed
to address
to address the
the Agency's
Agency's mental health concerns, failed
failed to seek drug and alcohol treatment for his
addiction,
addiction, failed
failed to maintain
maintain aacrime free lifestyle
lifestyle which resulted in
in Father being incarcerated three
(3) times
(3) times during
during the life of this case.
case. Father has had numerous opportunities to be involved with
services
servies and has every opportrity.
has flouted almost every opportunity. This has caused R.B.S. Jr. to be without essential
RB.S. Jr.
parental care, control or subsistence necessary
parental care, necessary for her physical
physical and mental well-being. Furthermore,
Father's
Father's incapacity
incapacity cannot be remedied in atimely
in a timely manner, as evidenced by his unwillingness to
participate
participate in this
his case meaningful'y.23Pa.CS.A.
meaningfully. 23 Pa.C.S.A. §2511(a)(2).
$2511(2)2)
C. Termination Pursuant to 23 Pa.C.S.A. $ 2511(a)(8)
Pa.C.S.A. § 2511(a)(6)
The court may
may terminate a
a parent's
parent's parental
parental rights under g§2511(a)(8)
2511(a)):f:if:
"The child has been removed from the care of the parent by the court Or
or
under aavoluntary agreement with an agency, twelve months or more
voluntary agreement tore have
elapsed from the
elapsed the date of removal or placement,
placement, the conditions which led to
the removal or placement
removal or the child continue to exist and termination of
placement of the
parental
parental rights
rights would serve the
would serve the needs
needs and
and welfare of the
welfare of the child."
child."
23 Pa.C.S.A. y2511(a)(8).
Pa.C5A$2511(8)(8)
The Agency
The Agency by
by clear and convincing
convincing evidence also established the termination grounds
found
found in
in3§2511
2511 (a)(8).
{a)8). At
At the
the time
time of
of the hearing, R.B.S.
the hearing R.BS. Jr. had
had been in
in foster care for
for approximately
approximately
thirty-right (38)
thirty-right (38) months.
months. Father has clearly
clearly failed to address any of the problems that led to R.B.S.
R.B.S
Jr. being removed
Jr. being removed from
from the
the home.
home. Father
Father has
has failed
failed to
to address
address the Agency's mental
the Agency's mental health concerns,
health concerns,
failed drug and alcohol
failed to seek drug alcohol treatment for his addiction, failed to maintain aacrime free lifestyle
which
which resulted in Father being
being incarcerated three o
three (3) times during the life of this case, and failed to
to
14
cooperate
cooperate with the Agency in any
the Agency any meaningful
meaningful way. It is apparent
way. itis apparent to
to the Court that Father will
will not
cooperate with
cooperate with the Agency
Agency and work on
on any
any of the concems
concerns the
the Agency has.
has. As such,
such, the
the Court
finds
finds grounds
grounds to terminate Father's parental
parental rights
rights pursuant
pursuant to § 2511 (a)(8)
$ 2511 (a)(8).
II.
IL. Termination Grounds for
forMother
A. Termination Pursuant to 23 Pa.C.S.A. § 2511(a)(2)
$ 2511(a)02)
Section 2511(a)(2) authorizes the court to
Section 25l1(a)2) to terminate a
a parent's rights if:
if
"The repeated
The repeated and continued incapacity,
incapacity, abuse, neglect or refusal of the
parent has
parent has caused the child
caused the child to
to be
be without essential parental
without essential parental care,
care, control or
control or
subsistence
subsistence necessary
necessary for physical or mental well-being and the
for his physical
conditions and causes of the incapacity,
incapacity, abuse, neglect or refusal cannot or
will not
will not be
be remedied
remedied by
by the
the parent."
parent
23 Pa. CS.A.$
23Pa. C. 5,A. §2511(a)2)
2511(a)(2).
Here, the Agency
Here, the Agency by clear and convincing
by clear convincing evidence es:ablished
established the termination grounds
found in
found in § 2511(a)(2), relative to Mother.
6 2511(a)(2), Mother. Irremediable incapacity by Mother has caused R.B.S.
R.B.S. Jr. to
be
be without parental care for his mental wellbeing and conditions cannot be remedied.
without essential parental remedied. The
abuse o!
abuse of R.B.S. Jr. caused
R.BS.Jr. caused such
such trauma that Dr.
Dr. Hennessy
Hennessy recommended
recommended no contact with
no contact with Mother
Mother, as
as
it
it causes
causes R.B.S. Jr. continued trauma
RB.S. Jr. trauma and
and concerns of self-harm.
selfharm. This
This initial R.B.S.
initial incapacity caused RB.S.
Jr. to
Jr. to be
be without essential parental
parental care for
for his
his wellbeing
wellbeing and
and according to the
the expert
expert testimony
testimony of
Dr.
Dr. Hennessy, conditions continue to exist as the triggers
Hennessy, there conditions triggers are Mother's home, Mother's family,
and Mother's
and Mother's presence.
presence. Accordingly,
Accordingly, the
the Court
Court finds grounds to
finds grounds terminate Mother's
to terminate parental rights
Mother's parental rights
pursuant
pursuant to §
$ 2511(a)(2).
2511(a)2)
B.
B. Termination
Termination Pursuant
Pursuant to
to 23 Pa.C.S.A.
Pa.C.S.A. $§2511(a)(5)
25116a)(5)
15
Section
Section 2511(a)(5) permits the
2511(a)5) perrits the court to
to terminate parental
parental rights when:
child has
"The child has been removed from
been removed from the
the care of the
care of the parent by the
parent by the court
court or
Or
under a
under a voluntary
voluntary agreement
agreement with an agency
with an agency for aaperiod of at least
of at least six
months,
months, the conditions which led to the removal or placement of the child
continue to
continue to exist,
exist, the
the parent
parent cannot or will
will not remedy
remedy those
those conditions
within aareasonable period
within period of
of time,
time, the services or
or assistance reasonably
reasonably
available to
available to the parent are not likely
the parent likely to remedy
remedy the conditions which led
led to
the removal
removal or plplacement
acement of the child within aareasonable period of tire
time
and termination of
and termination of the parental rights
the parental rights would
would best serve the
best serve needs and
the needs and
welfare o
welfare of the child."
the chid."
23 Pa.C.S.A. §2511(a)(5).
Pa.CS.A.$2511(a)05)
The
The Agency
Agency by clear and
by clear and convincing
convincing evidence
evidence also established the
also established the termination
termination grounds
grounds
found in
found in §2511(a)(5). At
S2511(a)(5). At the time
time of the hearing, R.B.S.
the hearing Jr. had
R.B.S. Jr. had been in foster
been in foster care for approximately
approximately
thirty-eight (38) months.
thirty-eight (38) The conditions, by
months. The by way
way of R.B.S. Jr.'s
Jr's triggers, continue to exist. Per the
expert testimony
expert testimony of
of Dr.
Dr. Hennessey
Hennessey the conditions continue to exist, and Mother cannot remedy due
to the nature
nature of the
the abuse
abuse and ongoing
or.going trauma R.B.S. Jr.
trauma of RB.S. J. While
While Mother
Mother has
has made
made progress
progress in
almost every
almost area of
every area of her
her life, R.B.S. Jr's
life, R.BS. Jr.'s extensive
extensive trauma
trauma cannot
cannot be
be remedied
remedied in Mother's care,
in Mother's care, per
per
expert testimony
expert testimony of Dr.
Dr. Hennessy.
Henness. While it is clear that Mother does love R.B.S. Jr. very much, and
R.B.S. Jr.
has
has worked
worked hard
hard to address the
to address problems that
the problems that led
led to
to the placement of
the placement of R.B.S. Jr., RB.S.
R.BS.Jr. R,B.S. Jr.'s
Jr.'s trauma
trauma is
is
intrinsically
intrinsically linked
linked to Mother,
Mother, and seems unlikely
unlikely to be resolved.
resolved. As such, the Court finds grounds
to
to terminate
terminate Mother's
Mother's parental
parental rights
rights pursuant to §
pursuant to $ 2511(a)(5).
2511(a)(5).
$ 2511(a)(8)
C. Termination Pursuant to 23 Pa.C.S.A. §
The court may
may terminate a
a parent's parental rights under §
parent's parental $ 2511(a)(8) if:
2511(a)(8)ii
16
"The child has
"The child has been removed
removed from the care of the parent by the court of
or
under
under aavoluntary agreement with an agency,
voluntary agreement agency, twelve months or more have
elapsed
elapsed from the date o:
from the of removal or placement,
placement, the conditions which led to
the
the removal
removal or placement
placement of the child continue to exist and termination of
parental
parental rights
rights would serve the
would serve the needs and welfare
needs and o:
welfare of the child."
the child."
23 Pa.C.S.A. §2511(a)(8).
23Pa.CS.A.$ 2511(a)(8)
The Agency
The by clear
Agency by clear and
and convincing
convincing evidence also
also established the
the termination
terr.ination grounds
found in §2511
found in$ 2511 (a)(8).
(a)(8). At
At the time o:
time of the hearing,
hearing R.B.S.
RBS, Jr. had been in
in foster care for approximately
thirty-eight (38)
(38) months.
months. R.B.S.
R.B.S. Jr.'s
Jr's continued trauma
trauma and extensive
extensive triggers
triggers linked
linked to Mother's
Mother's care
thirty-eight
continue to
continue to exist.
exist. While Mother
Mother has attempted
attempted to remedy
remedy the trauma caused to R.B.S,
R..S. Jr., testimony
provided by
provided by Dr.
Dr. Hennessy
Hennessy shows that R.B.S. Jr. isis still not
R.B.S. Jr. not safe care, and the
safe in Mother's care, the trauma
continues to
continues to exist. Termination of Mother's rights
exist. Termination rights would best serve the needs and welfare of R.B.S.
R.BS
Jr.
Jr. As such, the
As such, the Court
Court finds grounds to
finds grounds to terminate Mother's parental rights pursuant to 32511
§2511 (a)(8).
(a)(8)
III. The Child's Best Interests
Havitlg found
Having found the
the Agency evidence the
Agency established with clear and convincing evidence the termination
termination
grounds for
for Mother
Mother and
and Father stated in §
$ 2511(a)(2),
2511(a)(2), $§2511(a)(5) and§
and$ 2511(a)(8), the Court must
grounds
serves R.B.S.
determine whether terminating parental rights serves RB.S. Jr.'s
Jr.'s bes
besttinterest.
interest. The
The court must give
Court must give
"primary determination" to the
the child's "developmental, physical,
child's "developmental, and emotional
physical, and emotional needs."
needs." 23
23
"primary determination" to
Pa.C.S.A. 32511(b).
Pa.CS.A. § 2511(b). This analysis
analysis involves an examination of "intangibles such as love, comfort,
security, and
security, and stability." In e
stability." In re CP.,
C.P., 901
901 A.2d
A.2d 516,
516, 520
520 (Pa. Super. 2006).
(Pa. Super. 2006). The
The court must assess
court must assess he
the
bond the children have with their parents
bond parents and whether termination would sever "existing,
17
necessary,
necessary, and beneficial relationship[sl."
relationship[s]" In re K.ZS,
K.Z.S., 946 A.2d 753, 760 (Pa. Super. 2008)(citing In
re. C.S.,
CS., 761 A.2d 1197,
1197, 1202 (Pa.
(Pa. Super.
Super. 2000).
2000). The court must pay "close attention" to the effect
severing the bond with a
severing aparent
parent has on the children. In re L
L.M.,
M,, 923 A.2d 505, 511 (Pa. Super.
Super. 207)
2007).
However,
However, the child's needs and welfare are the most important
important factors.
factors. In
J re.ZS.,
K.Z.S.,946
946 A.2d at 760.
The Court firids
finds that there is
is no bond or attachment between R.B_S.
R.BS. Jr. and Father. In fact,
testimony
testimony provided by all parties
provided by parties indicated that there is a
a severe trauma response to Father.
Father, The
Court
Court finds that R.B,S.
finds that R.B.S. Jr.'s
Jr's needs and welfare are best met with terminating
terminating Father's parental rights.
rights
The Court
Court acknowledges
acknowledges that
that Mother
Mother loves R.B.S. Jr. and does want him
R.B.S. Jr. him returned
returned to her
her care.
care
The
The Court also takes notice that Mother has worked exceptionally hard to dramatically change her
life.
lie. However,
However, R.135.
RBS. Jr. does have
Jr. does have mental
mental health concerns that
health concerns that Mother
Mother has
has not
not been able to
been able to address
address
given
given the
the severity
severity of R.B.S. Jr.'s symptoms.
RB.S. Jr's symptoms. While R.B.S.
R.BS. Jr. is confused and does not fully
understand
understand what termination is,
what termination is, as
as reported by both
reported by his legal
both his legal counsel
counsel and
and the
the CAL,
GAL, the Court finds
the Court finds
that R.B.S.
R.BS Jr.'s
Jr's mental condition appears
appears to be more stable in his foster home, than in
in the care of
Mother. Further, there was
Mother. Further, was testimony
testimony presented
presented that
that while
while there
there is
is a
a bond
bond between
between Mother
Mother and
R.B.S. Jr., that bond is not aasafe, secure bond, but rather a
RB.S.Jr., a trauma bond. Therefore, the Court finds
that terminating Mother's
that terminating Mother's parental
parental rights serves BS.
rights serves R.B.S. Jr.'s
Jr's developmental,
developmental, physical, and emotional
physical, and emotional
needs
needs and welfare.
welfare
CONCLUSION
This Court finds the Agency
Agency met its burden, by proving through clear
dear and convincing
evidence
evidence the grounds
grounds for involuntary
involuntary termination of Mother and le'ather's
Father's parental rights found in
18
23 Pa.C.S.A. $82511(a)62),
23Pa.CS.A. §§2511{a)(2), 2511(a)(5), and 2511(a)(8). Further, terminating Mother and Father's
parental
parental rights
rights is the
is in th best
e best interests
interests of R.B.S. Jr.
RB.S. Jr
BY THE COURT:
COURT
,•lr.• ;.
AARON L.
L GINGRICH
JUDGE
c:
C: Alina Reed, Esq
Esq,
Karen Muir, Esq,
Esq
"•
,-,
·- . ' ,-
., --.s
' -,
M. Davis, Esq.
Jeffrey M '
,, '
oe
Erica Shoaf,
Bica Shoat, Esq,
Esq. '
''
J
Brian Baker, Esq.
Esq ·:- ',,;
MCCYS : "
File C.-.)
,,,
- 2
� 4
19