In re Interest of D.S.M.

270 A.3d 1163 (Table)

In the INTEREST OF: D.S.M., a Minor a/k/a D.M., a Minor

Appeal of: G.T., Mother

In the Interest of: D.S.M., a Minor, a/k/a D.M., a Minor

Appeal of: G.T., Mother

In the Interest of: D.D.M., a Minor, a/k/a/ D.M., a Minor

Appeal of: G.T., Mother

In the Interest of: D.D.M., a Minor, a/k/a D.M., a Minor

Appeal of: G.T., Mother

In the Interest of: D.R.M., a Minor, a/k/a D.M., a Minor

Appeal of: G.T., Mother

In the Interest of: D.R.M., a Minor, a/k/a D.M., a Minor

Appeal of: G.T., Mother

No. 809 EDA 2021

No. 813 EDA 2021

No. 814 EDA 2021

No. 815 EDA 2021

No. 816 EDA 2021

No. 817 EDA 2021

Superior Court of Pennsylvania.

Filed: December 23, 2021

MEMORANDUM BY LAZARUS, J.:

G.T. (Mother) appeals from the orders changing the permanency goal from reunification to adoption pursuant to 42 Pa.C.S.A. § 6351, and the decrees involuntarily terminating her parental rights¹ to her three children pursuant to 23 Pa.C.S.A. § 2511(a)(2), (5), (8) and (b).² Upon review, we find no abuse of discretion with respect to the change of goal orders and we agree with the trial court's finding that the Department of Human Services (DHS) established by clear and convincing evidence that termination was in the children's best interests. We rely upon the trial court's opinion, authored by the Honorable Joseph L. Fernandes, to affirm the orders and decrees.

Mother and D.M., Sr. (Father),³ are the parents of three minor children: D.D.M. (born 9/16), D.R.M. (born 3/15), and D.S.M. (born 5/14) (Children). Following is an abbreviated timeline of the procedural and factual history of this case:

March 26, 2019: DHS became involved with this family when a General Protective Services (GPS) report alleged Children were being neglected by their parents; that the home was dirty, malodorous, in generally poor condition, in need of several repairs, had potentially illegally utility connections, was possibly being resided in illegally, and lacked appropriate sleeping arrangement and food; that Father smoked marijuana and sold the family's Supplemental Nutritional Assistance Program (SNAP) benefits to purchase drugs; that neither of the [p]arents paid rent; that Mother did not change [D.D.M.'s] diaper in a timely manner; that the Children did not attend day care; that [D.S.M.] had developmental delays and a possible speech impediment; that both Parents were unemployed; that Mother received Department of Public Welfare (DPW) benefits; that Father suffered from untreated bipolar disorder ; that two additional adults resided in the home; and that the family required a higher level of care than community-based Family Empowerment Services (FES) could provide. Report determined to be valid.

March 28, 2019: DHS visited the home and observed that: exterior of home was in poor condition; a first-floor window was covered with plywood; front door did not have an operable lock; ceiling was leaking and unstable; leak had caused water damage to the walls; there was a hole in the floor; a rear window had a broken glass pane filled with clothing; the refrigerator was covered in mold, contained no food, and was inoperable; only 3-4 cans of food sat in the kitchen cabinets; the kitchen sink had no water connection; Children slept on old cushions on the floor; and home was cluttered with trash, clothing and animal feces. DHS informed Mother that the home was not appropriate for Children and asked if there were any family resources who could care for them while repairs were completed. Father arrived home, became irate and verbally threatened DHS. Father attempted to enter DHS's vehicle but was restrained by neighbors. DHS contacted the Philadelphia Police, who were dispatched to the home. Children's Paternal Grandmother arrived at the home and stated she would be able to temporarily care for the Children, but that they could not stay on an extended basis because she lived in a senior living facility. DHS developed a one-night safety plan for the Children, where they would reside with Paternal Grandmother.

March 29, 2019: DHS investigated other family members for possible kinship placement and ultimately determined a Family Friend as a possible resource. Family Friend's home, upon investigation, had all operable utilities, ample space and food, and appropriate sleeping arrangements for each of the Children. Family Friend was willing and able to care for Children. DHS completed criminal and ChildLine clearances for Family Friend and household members and obtained an Order of Protective Custody (OPC) for Children and placed them with Family Friend.

April 1, 2019: Court held shelter care hearing. Mother was referred to Behavioral Health System (BHS) for consult and evaluation.

April 9, 2019: Children were adjudicated dependent based on present inability to provide proper parental care and control and committed to DHS custody. Mother was referred to Achieving Reunification Center (ARC) for appropriate services, including housing.

May 10, 2019: Community Umbrella Agency (CUA) held initial single case plan (SCP) meeting. Mother did not participate. Each child's goal was listed as reunification. Mother's objectives were: comply with needed services and court orders; attend BHS for mental health evaluation and comply with recommendations; comply with ARC for parenting education and housing assistance; and, attend supervised visitation with Children.

June 26, 2019: Court held review hearing. Mother did not attend. Children were ordered to remain in Family Friend's home, and kinship care had been implemented.

July 30, 2019: Court held permanency review hearing. Mother did not attend. Court found Mother had not been attending ARC, nor her ordered BHS evaluation. Mother had visited Children three times since placement. Mother was again referred to ARC for services, and to BHS for consultations and evaluation. Court ordered visitation remain supervised in the Family Friend's (kinship) home, with addition of CUA supervising once per month.

October 22, 2019: Court held permanency review hearing. Mother did not attend. Mother was ordered to continue ARC. Children remained as committed and placed and visitation changed to weekly, supervised visits at DHS.

February 18, 2020: Court held review hearing. Mother did not attend. Children ordered to remain as committed and placed. Court ordered guardian ad litem (GAL) be appointed for children.⁴

July 28, 2020: Court held permanency review hearing. Mother attended. Mother found minimally compliant. Mother was again referred to BHS for consultation and evaluation, and again ordered to attend parenting education through ARC. Court ordered CUA to assist Mother with housing, attending workshops at ARC, and ensuring Mother participated in SCP meeting. Visitation supervised virtual due to COVID-19 pandemic, to be changed to bi-weekly supervised two-hour visit in the community after pandemic restrictions were lifted. Court also ordered CUA explore voluntary relinquishment with Mother. All Children received trauma therapy.

September 21, 2020: Mother participated in psychological tele-evaluation. Mother was diagnosed with adjustment disorder with mixed anxiety and depressed mood, and persistent depressive disorder. Recommendations including weekly outpatient therapy and monitoring for need for psychotropic medication.

December 15, 2020: Court held permanency review hearing. Mother attended hearing. Court found Mother minimally compliant with SCP, moderate progress made toward alleviating circumstances necessitating Children's placement. Mother and Father refused to disclose current address. The court again referred Mother to BHS and ordered her to provide proof of employment or benefits received. Bi-weekly supervised visitation at DHS continued. Court appointed legal counsel for Children. See supra at n. 4.

January 6, 2021: SCP revised. Two of the three children's permanency goals changed to adoption; remaining child's alternate/concurrent goal identified as adoption. Mother's objectives included: complying with needed services and court orders; attending BHS evaluation and complying with recommendation; complying with ARC for parenting and housing assistance; attending supervised visitation/virtual visitation with Children; and, continuing attendance a Men and Women of Excellence for therapy.

February 12, 2021: DHS filed petitions to involuntarily terminate Mother's parental rights and change all Children's goals to adoption.

Trial Court Opinion, 5/17/20, at 2-5.

On March 26, 2021, the court held a goal change/termination hearing. Mother and Father were both present, with counsel, as were Children's GAL and legal counsel. Mother did not testify.

Following the hearing, the court entered orders changing the goal to adoption for all Children and final decrees terminating Mother's parental rights to Children pursuant to 23 Pa.C.S.A. §§ 2511(a)(1), (2), (5), (8), and (b) of the Adoption Act.⁵ Mother timely filed the instant appeal. Both Mother and the trial court complied with Pa.R.A.P. 1925. Mother raises the following issues for our review:

1. Whether the trial court erred by terminating the parental rights of [M]other pursuant to 23 Pa.C.S.A. § 2511(a)(1) without clear and convincing evidence of [M]other's intent to relinquish her parental claim or refusal to perform her parental duties?

2. Whether the trial court erred by terminating the parental rights of [M]other pursuant to 23 Pa.C.S.A. § 2511(a)(2) without clear and convincing evidence of [M]other's present incapacity to perform parental duties?

3. Whether the trial court erred by terminating the parental rights of [M]other pursuant to 23 Pa.C.S.A. § 2511(a)(5) without clear and convincing evidence to prove that reasonable efforts were made by [DHS] to provide [M]other with additional services and that the conditions that led to placement of the [Children] continue to exist?

4. Whether the trial court erred by terminating the parental rights of [M]other pursuant to 23 Pa.C.S.A. § 2511(a)(8) without clear and convincing

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