In Re: Adopt. of: K.G., a Minor

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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN RE: ADOPTION OF: K.G., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: S.L., MOTHER : : : : : No. 1849 MDA 2024

Appeal from the Decree Entered November 26, 2024 In the Court of Common Pleas of Cumberland County Orphans' Court at No(s): 45-ADOPT-2024

IN RE: ADOPTION OF: B.R., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: S.L., MOTHER : : : : : No. 1850 MDA 2024

Appeal from the Decree Entered November 26, 2024 In the Court of Common Pleas of Cumberland County Orphans' Court at No(s): 046-ADOPT-2024

BEFORE: LAZARUS, P.J., BOWES, J., and LANE, J. MEMORANDUM BY LAZARUS, P.J.: FILED: AUGUST 21, 2025

S.L. (Mother) appeals from the decrees, entered in the Court of Common Pleas of Cumberland County, Orphans’ Court Division, involuntarily terminating her parental rights to her children,1 K.G. (born 05/2019) and B.R. ____________________________________________ 1 Mother’s parental rights to two of her three other children have previously been terminated in a separate, unrelated action.

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(born 09/2023) (collectively, Children).2 Counsel has filed a motion to withdraw and an accompanying Anders3 brief. After careful review, we affirm the involuntary termination of S.L.’s parental rights4 based on the opinion authored by the Honorable Carrie E. Hyams and grant counsel’s motion to withdraw.

In May 2020, Cumberland County Children and Youth Services (CYS) received a general protective services (GPS) report for K.G., who was one year old at the time, regarding Mother’s homelessness, mental health issues, drug and alcohol concerns, and concerns regarding her ability to supervise her children. The report alleged that Mother was not properly supervising K.G., who was crawling around on the balcony of a hotel room. In the summer of 2020, CYS received an additional GPS report alleging domestic violence ____________________________________________ 2 On January 14, 2025, our Court sua sponte consolidated these appeals at

1849 MDA 2024 and 1850 MDA 2024 because they involve related parties and issues. See Pa.R.A.P. 513.

3 Anders v. California, 386 U.S. 738 (1967). See also Commonwealth v. Santiago, 978 A.2d 349 (Pa. 2009); In re V.E., 611 A.2d 1267, 1275 (Pa. Super. 1992) (extending Anders to appeals from decrees of involuntary termination of parental rights); In re S.M.B., 856 A.2d 1235, 1237 (Pa. Super. 2004) (explaining that the Anders procedure for withdrawal of court-appointed counsel has been extended to appeals involving termination of parental rights).

4 At the November 26, 2024 proceeding where Mother’s rights to K.G. were

involuntarily terminated, T.G., K.G.’s presumptive legal father, voluntarily consented to K.G.’s adoption. See N.T. Termination Hearing, 11/26/24, at 7- 10. J.H., K.G.’s biological father, did not appear at the hearing, but his prior consent to K.G.’s adoption was confirmed. See id. at 10-13. B.R.’s father’s parental rights were also involuntary terminated at the November 26, 2024 proceeding. None of Children’s fathers are involved in this appeal.

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between Mother and her then-paramour, as well as concerns for Mother’s mental health and substance abuse.

K.G. was adjudicated dependent on January 14, 2021. CYS set forth the following family service plan objectives for Mother: (1) obtain and maintain stable housing; (2) attend all medical/dental appoints for K.G.; (3) complete a mental health evaluation and follow through with any/all recommendations; (4) complete a parenting evaluation and follow through with any/all recommendations; and (5) visit with K.G. at Alternative Behavior Consultants (ABC) on a regular basis. See Service Plan, 1/12/21. Mother was also providing drug screens as part of her services. See Service Plan, 6/15/21.

On July 7, 2021, the court held a permanency review hearing where it determined Mother had moderately complied with the permanency plan but noted that, during visitation sessions, she repeatedly demonstrated a lack of appropriate supervision, which it considered relevant in light of the initial reason for the family’s referral, and missed four random drug screens. At a permanency review hearing held on January 20, 2022, the court noted that there had been a recent domestic violence incident between Mother and her then-paramour, J.R., and also noted Mother’s failure to participate in drug screening without a reasonable explanation.

On August 16, 2022, the court returned physical and legal custody of K.G. to Mother. Prior to hearing in August of 2023, Mother lost her housing and moved into a shelter with K.G. B.R. was born in September of 2023 and

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tested positive for marijuana at birth. As a result, B.R. was transferred to UPMC Harrisburg due to her specialized medical needs. The hospital was unable to discharge B.R. to Mother because Mother’s plan was to have B.R. live with her and eight other individuals in a two-bedroom apartment. At the time, B.R. was considered medically needy and fed through a tube. On January 2, 2024, CYS obtained a verbal order granting CYS physical and legal custody to B.R. and for B.R. to be placed in foster care. B.R. was discharged from the hospital on January 5, 2024, and she has been residing with the same foster family since then.

At a permanency review hearing on January 31, 2024, the court ordered that K.G. be placed in the legal and physical custody of CYS and be placed in an emergency kinship home. The court noted that Mother had not secured stable and appropriate housing since being asked to leave the shelter where she had been residing since the fall of 2023. The court also found that Mother had not been forthcoming with CYS regarding her housing situation and would not sign the releases necessary for CYS to obtain information regarding her residence.

On November 7, 2024, CYS filed petitions for the involuntary termination of Mother’s parental rights to Children on the basis of sections 2511(a)(1), (2), (5), and (b) of the Adoption Act. 5 On November 26, 2024, the court held a termination hearing. At the hearing, Korin Hays, previously ____________________________________________ 5 23 Pa.C.S.A. §§ 2101-2938.

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a caseworker for CYS, testified that she took over Children’s dependency case in February of 2024. She stated that, when she took over the case, “there was a big push for reunification” with Mother and Children. N.T. Termination Hearing, 11/26/24, at 73. Hays testified she learned that Mother had been arrested for retail theft the weekend of March 29, 2024, while Children were staying with her for an overnight weekend visit. While Mother was detained, Children were left without proper supervision. CYS ended Mother’s unsupervised visitation following her arrest.

Hays testified that Mother did not have consistent employment from February of 2024, when Hays began working with the family until October 17, 2024, when Hays left CYS. During Hays’ tenure, Mother never consistently attended doctors’ visits for K.G, was inconsistent in participating in weekly phone calls with K.G., and never achieved the requisite three months stability to proceed with parenting services through ABC. Hays also testified that B.R. had returned from unsupervised visits several times with a strong odor of marijuana and cigarettes on her clothing, on the car seats, and on her person. Hays said that this concern was discussed with Mother and B.R.’s father, who denied smoking during unsupervised visitation with B.R. Prior to the end of Hays’ time working with the family, Mother was also behind on rent and facing eviction.

When reviewing Mother’s objectives, Hays described Mother’s cooperation as lacking because of Mother’s consistent lying. Mother was not consistently meeting Children’s medical, dental, or educational needs, and

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Mother never signed releases for CYS to obtain Mother’s mental health records in order to assess her progress with counseling.

Prior to addressing the merits of Mother’s appeal, we must determine whether counsel has complied with the dictates of Anders and its progeny in his request to withdraw from representation.6 See Commonwealth v. Goodwin, 928 A.2d 287, 290 (Pa. Super. 2007) (this Court may not review merit of underlying issues without first examining counsel’s request to withdraw). Court-appointed counsel seeking to withdraw from representation on the basis that the appeal is frivolous must:

(1) petition the court for leave to withdraw stating that, after making a conscientious examination of the record, counsel has determined that the appeal would be frivolous; (2) furnish a copy of the [Anders] brief to the [appellant]; and (3) advise the [appellant] that [] she has the right to retain private counsel or raise additional arguments that the [appellant] deems worthy of the court’s attention.

In re B.G.S., 240 A.3d 658, 661 (Pa. Super. 2020) (citation omitted).

Additionally, the Pennsylvania Supreme Court has explained that a proper Anders brief must:

(1) provide a summary of the procedural history and facts, with citations to the record; (2) refer to anything in the record that counsel believes arguably supports the appeal; (3) set forth counsel’s conclusion that the appeal is frivolous; and (4) state counsel’s reasons for concluding that the appeal is frivolous. Counsel should articulate the relevant facts of record, controlling case law, and/or statutes on point that have led to the conclusion that the appeal is frivolous. ____________________________________________

6 See In re V.E., 611 A.2d 1267 (Pa. Super. 1992) (extending Anders briefing requirements to termination of parental rights appeals involving indigent parents represented by court-appointed counsel).

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Santiago, 978 A.2d 361. Finally, this Court must “conduct an independent review of the record to discern if there are any additional, non-frivolous issues overlooked by counsel.” Commonwealth v. Flowers, 113 A.3d 1246, 1250 (Pa. Super. 2015) (footnote omitted).

Here, our review of counsel’s Anders brief and application to withdraw reveals that counsel has complied with each of the technical requirements of Anders and Santiago. Counsel states that he has conducted a conscientious examination of the record, determined that further pursuit of a direct appeal would be frivolous, and furnished a copy of the letter sent to Mother advising her of her right to retain new counsel, proceed pro se, or raise issues in response to the brief.7 See Goodwin, supra. Additionally, counsel’s Anders brief complies with the requirements of Santiago. Accordingly, we conclude that counsel has substantially complied with the requirements for withdrawing from representation and proceed with an independent review of the merits. See Flowers, supra.

In his Anders brief, counsel raises the following issues for our consideration:

(1) Whether the [t]rial [c]ourt abused its discretion and committed an error of law when it found that sufficient grounds existed for a termination of [Mother]’s parental rights to [C]hildren, despite a lack of clear and convincing evidence, thus contravening section 2511(a) of the Adoption Act[.]

____________________________________________ 7 Mother has not filed a response to counsel’s Anders brief.

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(2) Whether the [t]rial [c]ourt abused its discretion and committed an error of law in terminating [Mother]’s parental rights when the conditions which led to the removal or placement of the children no longer existed or were substantially eliminated, thus contravening [sub]sections 2511(a) and (b) of the Adoption Act[.]

(3) Whether the [t]rial [c]ourt abused its discretion and committed an error of law in determining it would be in the [Children]’s best interest[s] to have parental rights terminated, when [Mother], if given sufficient time, would be ready, willing, and able to parent [Children] and provide for their needs, thus contravening [s]ection 2511(b) of the Adoption Act[.]

Appellant’s Brief, at 4-5.

Our standard of review of this matter is well-settled:

When reviewing an appeal from a decree terminating parental rights, we are limited to determining whether the decision of the trial court is supported by competent evidence. Absent an abuse of discretion, an error of law, or insufficient evidentiary support for the trial court’s decision, the decree must stand. Where a trial court has granted a petition to involuntarily terminate parental rights, this Court must accord the hearing judge’s decision the same deference that we would give to a jury verdict. We must employ a broad, comprehensive review of the record in order to determine whether the trial court’s decision is supported by competent evidence.

In re L.W., 267 A.3d 517, 522 n.4 (Pa. Super. 2021) (citation omitted).

Subsections 2511(a) and (b) of the Adoption Act set forth the grounds a petitioner must prove in order for the court to grant an involuntary termination of parental rights. See 23 Pa.C.S.[A] § 2511. Subsection (a) provides eleven enumerated grounds describing particular conduct of a parent which would warrant involuntary termination . . . If the trial court finds clear and convincing evidence supporting the existence of one of the grounds for termination set forth in [s]ubsection 2511(a), the court must then consider whether termination would best serve “the developmental, physical and emotional needs and welfare of the child” under [s]ubsection 2511(b).

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In re Adoption of C.M., 255 A.3d 343, 359 (Pa. 2021). Under subsection 2511(b), “the child’s ‘emotional needs’ and ‘welfare’ include ‘intangibles such as love, comfort, security, and stability.’” In the Int. of K.T., 296 A.3d 1085, 1106 (Pa. 2023) (citation omitted).

“To determine whether the petitioning party has met [its] burden [under subsection 2511(b)], the court must conduct a[n] analysis focused on the child.” Id. at 1114 (citation omitted). “The court must not truncate its analysis and preclude severance based solely on evidence of an ‘adverse’ or ‘detrimental’ impact to the child.” Id. “Therefore, to grant termination when a parental bond exists, there must be clear and convincing evidence that the bond is not necessary and beneficial.” Id.8

After a careful review of the record, the briefs on appeal, and the relevant case law, we conclude that CYS presented clear and convincing evidence to terminate Mother’s parental rights under subsections 2511(a)(1), (2), (5), and (b) and, therefore, we find no abuse of discretion. L.W., supra. We affirm on the basis of the opinion authored by the Honorable Carrie E. Hyams. See Trial Court Opinion,9 2/12/25, at 7-9 (discussing termination under subsections 2511(a)(2), (5), and (b)). As noted by the trial court, ____________________________________________

8 We need only agree with the orphans’ court as to any one subsection of [s]ection 2511(a), as well as [s]ection 2511(b), in order to affirm. In re B.L.W., 843 A.2d 380, 384 (Pa. Super. 2004) (en banc).

9 The trial court entered separate opinions for K.G. and B.R. at their respective

dockets. As the opinions are primarily duplicative, we cite to the opinion on K.G.’s docket at 1849 MDA 2024.

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Mother has failed to show a “consistent ability to provide longstanding stable care for [Children,]” which has resulted in B.R. spending the entirety of her life in foster care and K.G. spending over two years in foster care across seven different homes. See id. at 5, 7 (unpaginated). This lack of stability is exemplified by Mother’s criminal acts while Children were in her care, B.R., a medically needy child, coming back from unsupervised visits smelling like marijuana and cigarette smoke, and Mother’s inability to maintain appropriate housing. Mother’s ongoing instability and lack of progress have demonstrated her lack of protective capacity and inability to parent Children. See N.T. Termination Hearing, 11/26/24, at 26-28 (Mother unable to begin parent education services because she never demonstrated requisite three months of stability); id. at 29 (Mother’s visitation through ABC terminated because Mother “had a consistent continuous caustic relationship with the agency and the providers of service”); id. at 64 (Mother’s goals—housing, employment, parenting skills, drug and alcohol services—have been the same since K.G. was adjudicated dependent); id. at 76-77 (Mother’s arrest at Walmart for retail theft); id. at 95-96 (B.R. coming back from unsupervised visits with “a very strong odor of marijuana and cigarette smell on her clothing, on the car seats, and on her person”).

Furthermore, Children are now both stable and doing well physically, emotionally, and developmentally in their respective foster homes. K.G. has expressed that he is comfortable in his current foster home and would like to remain there moving forward. See id. at 50, 52-53. He is bonded to, has

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been making progress with, and feels a part of his foster family. See id. at 100-01, 104. Regarding K.G.’s bond to his Mother, in September of 2024, K.G. expressed to Shannon Snyder, his counselor, that he no longer wanted Mother to take part in his counseling sessions and expressed “a lot of worry and fear following sessions” with Mother. Id. at 51. As for B.R., she has been with the same foster family since being discharged from the hospital following birth, has been making good progress medically, and is bonded to her foster family. See id. at 110-11, 117. Therefore, we agree with the trial court that termination of Mother’s parental rights is in Children’s best interests. See 23. Pa.C.S.A. § 2511(b). We instruct the parties to attach a copy of the trial court’s opinions in the event of further proceedings in this matter.

Decrees affirmed. Motion to withdraw granted. Jurisdiction relinquished. Judgment Entered.

Benjamin D. Kohler, Esq. Prothonotary

Date: 08/21/2025

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• 08/1 2/202 503: Circulated 08/12/2025 PkT' 54 PM 03.54

IN RE: RE: ADOPTION OF B.R., aa minor ADOPTION OF minor IN THE COURT IN THE COURT OF OF COMMON COMMON PLEAS OF PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND COUNTY, PENNSYLVANIA

1850 MDA 1850 MDA 2024 2024

No. No. 46 ADOPTION ADOPTION 2024

DOB: 09/03/2023 DOB: 09/03/2023

IN IN RE: RE: 1925(a) OPINION 1925(a) OPINION 1

HYAMS A. HYAMS J. 22, 22, January January 2025 2025 ' -

PROCEDURAL PROCEDURAL HISTORY HISTORY Mother,S . Mother,S .L L< , timely timely appeals appeals the November 26, 2024 the November Order terminating 2024 Order her terminating her

parental parental rights to her rights to her daughter, daughter, B. B . iR R (henceforth B.R.), , (henceforth B.R.), entered at 46 entered at 46 ADOPTION ADOPT1ON

2024. On 2024. On September September ,,2023, 2023, the the same same day day that that B.R. was bom, born, Cumberland County Children Cumberland County Children

and Youth and Services (hencefonh Youth Services (henceforth CCCYS), received aa referral CCCYS), received referral that that B.R.’s B.R.'s cord stat was cord stat was positive positive

for cannabinoids due for cannabinoids due to to prenatal prenatal maternal use, and maternal use, and Mother had admitted Mother had admitted to to using using marijuana marijuana

during her pregnancy, during pregnancy. CCCYS CCCYS was already open was already open with with Mother related to Mother related to two of her older two of older

children and children and had been working had been with Mother working with Mother concerning concerning unstable unstable housing, school issues housing, school issues and and

parenting concerns. B.R. parenting concerns. remained hospitalized B.R. remained in the hospitalized in the NICU NCU until early January until early 2024 due January 2024 due to to her her

necrotize-enterocolitis diagnosis, necrotize-enterocolitis diagnosis, which required multiple which required multiple surgeries. The hospital surgeries. The hospital reported reported

concerns related concerns related to to Mother’s inability to Mother's inability properly trained to be properly trained to address B.R.’s to address medical needs B.R.'s medical and needs and

the fact the fact that Mother and that Mother and B.R.’s Father 1lived B.R.'s Father' lived in in aahomeless homeless shelter. shelter. As As aa result result of of Mother’s Mother's

1The parental 'The parental rights rights of B..'s B.R.’s Father,I., Father, J.R., were involuntarily involuntarily terminated by way terminated by way of separate separate order on November November 26, 2024. J.R, did 2024. JR. id not not file file aa timely timely appeal appeal to to the the Final Decree terminating Fial Decree terminating his his parental parental rights to B.R. rights to B.RR

inability to present inability to present safe and 2 and stable stable housing housing for B.R. to for B.R. reside in to reside upon hospital in upon hospital discharge, discharge, as as well well

as concems as concerns reported reported by by the the hospital hospital related to Mother's related to Mother’s interactions interactions with with B.R. while in B.R. while the NICU in the NICU

and interactions and interactions with with hospital hospital staff, CCCYS sought staff, CccYs sought aa verbal verbal order order for emergency protective for emergency protective

custody of custody of B.R. B.R. on on January January 2, 2, 2024 2024 as as she she was was ready ready for for discharge. On January discharge. On January 2, 2, 2024, 2024, the the

undersigned provided undersigned provided CCCYS emergency emergency protective protective custody of B.R. custody of for the purposes B.R. for purposes of of having having

her placed her in the placed in the Bair Bair Foundation Foundation foster home of foster home of S. S .eandT. andT. . ;WTe Wt . . The undersigned undersigned

issued aa signed issued Order on signed Order on January 3, 2024 January 3, , but dated 2024,but dated January January 2, 2, 2024, confirming the verbal 2024, confirming verbal

order provided order provided on on January 2, 2024. January 2, The shelter 2024. The shelter care care hearing hearing was was held on January held on January 2, 2, 2024 before 2024 before

the Juvenile the Juvenile Hearing Officer. Following Hearing Officer. Following the the shelter shelter care care hearing, hearing, itit was ordered that was ordered that B.R. B.R. remain remain

in in the legal and the legal and physical physical custody custody of of CCCYS for continued CCcYs for placement in continued placement the foster in the foster home. home. On On

December December 23, 2023, CCCYS 23, 2023, CCCYS fled filed aa dependency dependency petition petition alleging alleging that B.R. was that B.R. without proper was without proper

parental care, parental care, control, control, and and supervision supervision placing placing her her health, health, safety, and welfare safety, and welfare at at risk as there risk as there

were ongoing were ongoing concerns concerns regarding regarding B.R.'s B.R.’s Mother and Father Mother and Father related related to substance use, to substance use,

inappropriate discipline, inappropriate discipline, domestic domestic violence, violence, homelessness and inadequate homelessness and supervision of inadequate supervision of

children. At children. At the time of the time of the the shelter care hearing shelter care on January hearing on January 2, 2, 2024, 2024, B.R. B.R. remained remained hospitalized hospitalized

and her and medical needs her medical needs were were significant, significant, and and the the parents parents were were unable unable to articulate aa verifiable to articulate verifiable plan plan

for B.R. And foe B.R. and meeting meeting her increased medical her increased medical needs needs upon discharge from upon discharge from the the hospital. hospital. The verbal verbal

order for order for emergency emergency protective protective custody was ratified custody was ratified and and confirmed confirmed in in the the recommendations of recommendations of

Hearing Officer Lawrence. Hearing Officer Lawrence.

An adjudicatory An adjudicatory hearing along with hearing along with disposition disposition was was held on January held on January 12, 12, 2024 2024 before the before the

undersigned. Mother and undersigned. Mother and Father Father were unable to were unable to demonstrate demonstrate that that they they had adequate housing had adequate housing that that

would meet would meet B.R. unique unique needs and they needs and stipulated to they stipulated to dependency. dependency, Following Following this this hearing, it was hearing, it was

The hospital lfe 2 hospital staff did not approve the shelter not approve sheltersas an appropriate appropriate living living environment environment for B.R. due to her significant B.. due significant medical needs medical and the needs ad the specialty specialty care care she required forthose she required medical needs for those medical needs to to be be met. met

determined that determined that B.R. B.R was was aa dependent child based upon dependent child clear and upon clear and convincing evidence and she convincing evidence

was to was remain placed to remain in tthe placed in he legal legal and physical custody and physical custody of CCCYS in of CCCYS in the the foster home. foster home.

A permanency A permanency plan plan was developed for was developed Mother on for Mother on February 1 February I,,2024 2024 and subsequently and subsequently

revised on May revised on 2, 2024; May 2, and October 2024; and 14, 2024.' October 14, 2024? Mother Mother was ordered to was ordered address housing to address housing needs, needs,

address employment address needs, cooperate employment needs, cooperate with with CCCYS, CCCYS, address address B.R.’s developmental needs, B.R.'s developmental needs,

address mental address health needs, mental health needs, address address drug drug and alcohol alcohol concerns concerns and and address address parenting concerns. 4 parenting concerns."

On November On November 7, 7, 2024, CCCYS petitioned 2024, CCCYS petitioned for for the the involuntary termination of involuntary termination of Mother’s Mother's

parental rights to parental rights to B.R. B.R. and her her sibling sibling K.G. KG, A hearing on A hearing the petition on the petition was scheduled and was scheduled and held held on on

November 26, November 2024. An 26,2024. An Order Order involuntarily involuntarily terminating terminating Mother’s parental rights Mother's parental rights was entered on was entered on

November 26, November 26, 2024. A timely 2024. A notice of timely notice of appeal appeal was was filed filed with with the simultaneous filing the simultaneous of the filing of the

following following statement of errors statement of complained of errors complained on appeal: of on appeal

1 I,. This This Honorable Court erred Honorable Court erred as as aa matter of law matter of law and and abused abused its its discretion discretion when when itit found, found,

despite aa lack despite lack of of clear clear and and convincing evidence, that convincing evidence, that sufficient sufficient grounds existed for grounds existed for

termination termination of of Appellant’s parental rights Appellant's parental rights to to her her child, thus contravening child, thus contravening section section 25 11(a) 25ll(a)

of the of Adoption Act, the Adoption 23 Pa.C.SA. Act, 23 Pa.C.S.A. $§ 25 1 25111 (a). (a).

2. 2 This Honorable Court Tis Honorable Court erred as aa matter erred as of law matter of law and abused its and abused discretion when its discretion when in in

terminating Appellant’s parental terminating Appellant's rights when parental rights when the conditions which the conditions which led led to the removal to the or removal or

placement of the placement of child no the child no longer existed or longer existed or were were substantially eliminated, thus substantially eliminated, thus

contravening sections contravening sections 2511(a) 25 11(a) and and (b) (b)ofthe of the Adoption Adoption Act, 23 Pa.CS.A. Act, 23 Pa.C.S.A. $§ 251 1(a),(b). 2511(a),(b).

3. This Honorable 3, This Court erred Honorable Court erred as as aa matter matter of of law law and and abused abused its its discretion discretion in in determining determining

the best the best interest interest of of the child would the child would be be served served by by terminating terminating parental rights when parental rights when

Appellant, if Appellant, if given sufficient time, given sufficient time, would would be be ready, ready, willing, willing, and and able able to parent the to parent the child child

3Child’s Permanency Plans,CY$ Cits Plans, CYS 6 #6 OC OC. 4 Id. Al

and and provide provide for her needs, for her thus contravening needs, thus contravening section section 25 11 (b) of 25/1(b) of the the Adoption Adoption Act, Act, 23 23

Pa.C. S.A. 525116a), Pa.CS.A. § 2511(a), 0) (b). 5

This Opinion is This Opinion is in in support support of of the the decision decision to to involuntarily involuntarily terminate terminate Mother's Mother’s parental parental

rights. rights.

FINDINGS OF FACT FINDINGS OF FACT

The following The following findings of fact findings of fact are made upon are made upon review of the review of the hearing transcripts, filings hearing transcripts, filings of of

record, and record, and the the trial trial court's court’s notes notes.

1. Cindy Cindy Martin, Esquire was Martin, Esquire appointed as was appointed as legal legal counsel counsel to to represent represent B.R. B.R. in this TPR in this TPR matter. matter.

2. Tammi 2. Tammi Blackbum, Blackbum, Esquire Esquire was was also appointed as also appointed as GAL GAL to to represent represent B.R. B.R. in in this TPR this TPR matter. matter.

3. 3. Tammi Blackbum, Esquire Tami Blackbum, Esquire had had previously previously been been appointed by the appointed by dependency court the dependency court as as aa GAL for GAL for B.R.; and at B.R.; and at the time time of of Attorneys Attorneys Martin Martin and and Blackburn’s appointments in Blackburn's appointments in this this TPR matter, TpgR matter, aa determination determination waswas made made that that the the best best interests of the interests of children, particularly the children, particularly B.R.’s older sibling, B.R.'solder sibling, K.R. may be K.R. may be in conflict, and in conflict, and therefore, therefore, aa GAL GAL and and separate separate legal legal counsel were counsel were appointed appointed for for the children in the children in this this TPR TPg matter. matter

4. The child, 4, Te child, B.R., (DOB: 09/ B.R., (DOB: 09/ 72023) currently resides /2023currently in the resides in the W W, foster home. foster home.

5. B.R. 5. is 14 months BR.isl4 months old old and and she she has has lived lived her her entire entire life life in out of in out of home home care, care, meaning meaning outside the outside the home home ofof her her parents, parents, and, and, fortunately fortunately for her, other for her, other than than the the time she was time she was hospitalized at hospitalized at birth, birth, she she has has remained remained inin the same foster the same home her foster home entire life. her entire life.

6. Despite aa multitude 6. Despite multitude of professional service of professional assistance, community, service assistance, community, and and church church assistance, assistance, Mother has Mother has been been unable unable to demonstrate the to demonstrate necessaty consistent the necessary consistent level level of of stability with stability with regard regard to to maintaining employment, maintaining maintaining employment, maintaining her her finances finances and and avoiding avoiding involvement involvement in in criminal justice the criminal justice system in an effective manner such that it is focused on basic system in an effective manner such that it is focused on basic necessities, as necessities, as well well as consistent rent as consistent and utility rent and utility payment that would payment that prevent housing would prevent housing instability. instability

7. Despite aa multitude 7,Despite multitude of of professional professional service assistance, community service assistance, community and and church church assistance, assistance, Mother Mother has has been unable to been unable to demonstrate demonstrate an an ability ability to to meet the basic meet the needs of basic needs of B.R. B.R. Her Her inability to inability demonstrate this to demonstrate this includes, but is includes, but is not limited to, not limited to, aa failure failure to to consistently consistently attend attend medical, developmental, and medical, developmental, dental appointments and dental appointments of of B.R., B.R., aa failure failure to consistently attend to consistently attend educational meetings educational or like meetings or like appointments, appointments, aa failure failure to to demonstrate demonstrate safesafe decision decision making making

5Statement of Sttemet of Errors Errors Complained Complained of of on on Appeal, filed December Appeal, filed December 23, 23, 2024.

during unsupervised during unsupervised visitation (examples of visitation (examples of this include engaging this include in criminal engaging in criminal activity activity during visits during visits and leaving B.R. and leaving in the B.R. in care of the care of persons persons not deemed safe not deemed safe to provide care to provide care of of B.R.), and B.R.), and aa failure to demonstrate failure to appropriate behavior demonstrate appropriate and parenting behavior and parenting during during supervised supervised visitation. visitation,

8.8. Mother's Mother’s visits visits through the ABC through the ABC parenting parenting program program were not positive were not positive with with respect respect to to Mother’s inability Mother's inability to to demonstrate appropriate behavior demonstrate appropriate towards ABC behavior towards ABC staff and follow staff and the follow the rules rules and policies of the policies of the program. program. Ultimately Ultimately Mother was no longer was no longer permitted permitted to have to have her visits her visits held through ABC's held through ABC’s parenting parenting program as aa result program as result of of her continued defiance her continued defiance of of the rules and the rules and her disrespectful behavior her disrespectful behavior and and angry outbursts. angry outbursts.

9. 9, Despite Despite aa multitude multitude ofof professional professional service assistance, community service assistance, community and church assistance, and church assistance, was on Mother was on the verge of being verge of being evicted from evicted from her current housing current housing on November 26, on November 2024 and any testimony and any testimony to to the contrary was the contrary not credible was not credible based on the based on the multitude of multitude of evidence presented evidence presented that eviction is that eviction is unavoidable unavoidable if not not imminent. imminent

10. A I0. A negative negative inference is taken inference is taken from the the fact fact that that the only witnesses the only witnesses Mother Mother suggested suggested would contradict would contradict the the multitude of testimony multitude of testimony andand evidence evidence that the eviction that the eviction is unavoidable is unavoidable were not were not present present in court today in court today nor nor did did she she provide any written provide any documentation from those written documentation those witnesses. witnesses.

1l. 1 . The The Mother Mother acknowledged acknowledged that that she she had had not not demonstrated demonstrated 33 months months ofof stability stability in in the the specific specific court ordered goals court ordered goals that that would have allowed would have allowed for her to for her to work with ABC work with ABC on on necessary parenting necessary parenting and visitation skills so that visitation skills that reunification reunification could could potentially potentially occur.

12. The Mother Mother was no closer was no closer to reunification on to reunification on November November 26, 2024 than than she was was at at the the time time B.R. B.R. was placed into was placed into Agency custody. Agency custody.

13. B.R. is in a safe and [3.BR.isin stable home and stable home where where her individual needs are being individual needs being met met and and she she is is loved loved and adored by and adored by all foster family all her foster members. This family members This home home is is a permanent resource permanent resource for her. for her.

DISCUSSION DISCUSSION

Statement of Statement of law: law: Termination Termination of of parental parental rights is controlled rights is by statute.° controlled by statute. 6 In In relevant relevant

part, the statute provides pant, provides as follows:

Grounds for Grounds for involuntary termination involuntary termination (a) General (a) General rule.The rule.— The rights rights of of aa parent in regard parent in to aa child regard to child may may be terminated be terminated after aa petition after petition filed on any filed on any of of the following grounds: the following grounds: . ..

• • See 6 See 23 23 Pa.C.S. PA.C.S. $§ 2511. 251 1.

(2) The repeated (2) The repeated and and continued continued incapacity, incapacity, abuse, neglect or abuse, neglect or refusal refusal ofof the the parent has parent has caused caused the the child child to be without to be without essential parental care, essential parental care, control control or or subsistence necessary subsistence necessary for his physical for his physical or mental well-being or mental well-being and the and the conditions and conditions causes of and causes of the the incapacity, incapacity, abuse, neglect or abuse, neglect or refusal refusal cannot cannot or or will not will be remedied not be remedied by by the parent. ... the parent.. (5) The (5) The child child has been removed has been removed from from thethe care care ofof the parent by the parent the court by the court or or under aa voluntary under voluntary agreement agreement with with an an agency agency for for aa period period of of at least $ix at least six months, the months, the conditions conditions which which led led to the removal to the removal or placement of or placement of the the child child continue to continue exist, the to exist, the parent parent cannot cannot or or will will not not remedy remedy those conditions those conditions within aa reasonable period within period of of time, time, the services services or or assistance assistance reasonably reasonably available to available to the the parent parent are are not likely to not likely to remedy remedy the conditions which the conditions which led led to to the removal the removal or or placement placement of of the the child child within within aa reasonable reasonable periodperiod of of time time and termination and termination of of the parental rights the parental rights would would best serve the best serve needs and the needs and welfare of welfare of the the child. child. .• .. . (8) The (8) The child child has been removed has been removed from from thethe care care of the parent of the parent by the court by the court oror under aa voluntary under agreement voluntary agreement with with an an agency, agency, 12 I2 months months or or more more have have elapsed from elapsed from the the date date of of removal removal or or placement, placement, the the conditions conditions whichwhich led to led to the removal the removal or or placement placement of of the child continue the child continue to to exist exist and termination termination of of parental rights parental rights would would bestbest serve serve the the needs needs and and welfare welfare of of the the child. child. (b) Other (b) Other considerations.The considerations.— The court court in terminating the in terminating rights of the rights of aa parent shall parent shall give primary give primary consideration consideration to the developmental, to the developmental, physical physical and emotional needs and emotional needs and welfare and welfare of of the the child. child. The The rights rights of of aa parent parent shall shall not not bebe terminated terminated solelysolely on on the basis of environmental factors such as inadequate the basis of environmental factors such as inadequate housing, housing, furnishings, furnishings, income, income, clothing clothing and and medical medical care care if if found found to to be be beyond beyond the the control control of of the the parent parent. With respect With respect to any petition to any petition filed filed pursuant pursuant to to subsection subsection ... ... (8), the court (8), the court shall not shall not consider consider any efforts by any efforts by the parent to the parent to remedy remedy the conditions described the conditions therein described therein which which are are first initiated subsequent first initiated subsequent to to the the giving giving of notice of of notice of the the filing filing ofof the the petition. 7 petition.'

“The focus The of involuntary focus of involuntary termination proceedings is termination proceedings on the is on conduct of the conduct of the parent(s).” 8 the parent(g

Our appellate Our appellate courts courts have determined that: have determined that

[a] parent’s [a] basic constitutional parent's basic constitutional right right to to the the custody custody and rearing rearing of his or of his or her child her child is converted, upon is converted, upon the the parent’s parent's failure failure to fulfill his to fulfill or her his or her parental parental duties, to duties, the child’s to the right to child's right to have have proper proper parenting fulfillment of parenting and fulfillment of his his

7 Id. at a(2),(59),(8) ld at a(2), (5), (8) and and (b) (b). 8 In I re B.L.L., 787 A.2d 1007, E.LL,78A.24 1013 (Pa. 1007, 1013 (Pa. Super. Super. 2001)(intemal omitted). 200 (internal citation omitted

or her or her potential potential in in aa permanent, permanent, healthy, healthy, safe environment. When safe environment. When reasonable reasonable efforts efforts to reunite aa foster to reunite foster child with his child with or her his or her biological biological parents parents have have failed, failed, then then the the child child welfare welfare agency agency must must work work toward toward terminating parental rights terminating parental rights and placing the and placing the child child with with adoptive adoptive parents. parents."9

Application of law Application of law to to facts: facts

Mother Mother has has not shown an not shown ability to an ability to care care for for B.R. B.R. at at any any time since her time since her birth. birth. Mother has Mother has

never never provided provided for for B.R.’s daily needs B.R.'s daily needs and has has not not had any significant had any level of significant level of contact contact with with B.R. B.RR

during her during her 15 months of IS months of life. life. When When Mother Mother was was provided provided unsupervised unsupervised visits, they were visits, they were swiftly swiftly

terminated because terminated because of of poor poor insight and judgment insight and judgment as as well well as a demonstration demonstration of concerning of concerning

parenting skills. parenting (Mother was skills. (Mother was arrested during aa visit arrested during and the visit and the Father Father left left B.R. in the B.R. in care of the care of

persons who persons were not who were not trained to address trained to address her significant significant medical needs to medical needs to pick pick up the Mother up the Mother

from the from police station). the police station). Mother's Mother’s criminal criminal acts acts and and behavior behavior towards parenting services towards parenting services

demonstrates her demonstrates her poor poor insight and judgment insight and judgment as as well well as as aa lack lack of of commitment to the commitment to the reunification reunification

process. process. Mother admitted she Mother admitted she has been unable has been to demonstrate unable to demonstrate stability stability for for aa period period of of three three

months consistently. Her months consistently. inability to Her inability to demonstrate demonstrate that that stability stability has prevented her from prevented her from receiving receiving

the necessary the necessary services services for for reunification reunification to to be achieved, such be achieved, such as as parenting services. Her parenting services. Her lack of lack of

stability continued up stability continued up to to the date date of the hearing of the as she hearing as she was was once again on once again on the the verge verge of losing her of losing her

housing on housing the day on the day of of the termination termination hearing. hearing. It It was apparent apparent that her instability that her instability would would

continue. It continue. has been It has been over over fifteen months since fifteen months since B.R.’s birth and .R.'s binth and placement placement into into Agency custody Agency custody

and yet and yet Mother Mother is is not not any any closer closer to to providing providing B.R. B.R. permanency by way permanency by of reunification way of reunification than she than she

was at was at the time of placement time of placement.

B.R. has B.RR. been residing has been residing in her current in her current foster home since foster home since she was discharged she was discharged from the from the

hospital after hospital her birth. after her birth. All All of of her her physical, physical, social, social, and and developmental needs have developmental needs have been been met met by by

•9 In re Adoption hn ne of RAS,90I Adoption of 901 A.2d 502, 507 (Pa. Super. A.2d02,507(P. 2006)(internal citations Soper. 2OO6(internal citations and quotations omitted). and quotations omitted).

<_w |.

the foster the foster parents. This home parents. This home is is aa safe and stable safe and stable environment environment with with dependable dependable caregivers caregivers

capable of capable providing her of providing her with love and with love and care care she she needs to promote needs to healthy development. promote healthy development.

B.R. has B.R. has been in the been in custody of the custody of CCCYS CC€ys for for more more than twelve months than twelve months with with the conditions the conditions

which led to which led to her her removal removal continuing to exist. continuing to exist. The The record is replete record is replete with other equally with other equally clear clear and and

convincing evidence convincing evidence of of Mother’s Mother's incapacity to meet incapacity to the child's meet the child’s needs and promote needs and her welfare. promote her welfare.

Previous additional Previous additional time and opportunities time and opportunities provided provided to to Mother Mother to remedy the to remedy reasons for the reasons for

placement placement will not provide will not provide permanency permanency for B.R. in for B.R. in aa reasonable reasonable amount of time. amount of time. Therefore, Therefore,

Mother’s statement Mother's statement of errors are of errors are not not supported supported by by the the record and overturning record and overturing the the decision decision to to

terminate her terminate her parental parental rights rights is is clearly not in clearly not in the the best interest of the interest of child. the child

For the reasons For the reasons stated stated above, above, the the instant instant appeal should be denied. appeal should denied

BY THE COURT:

_ Carrie E. Carrie E. Hyams, J. Hyams, J