In re L.B

258 A.3d 504 (Table)

IN RE: ADOPTION OF: L.B., a Minor

Appeal of: A.M., Natural Mother

No. 1544 WDA 2019

Superior Court of Pennsylvania.

Filed: June 8, 2021

MEMORANDUM BY NICHOLS, J.:

A.M. (Mother) files this appeal from the order changing the permanency goal for L.B., born in December 2012 (Child), to adoption. This Court previously remanded this matter for Mother's counsel, Nicole L. Thurner (Counsel), to file a new petition to withdraw from representation and Anders /Santiago¹ brief or an advocate's brief.² Counsel has filed a new petition to withdraw and an Anders /Santiago brief. We affirm and grant Counsel leave to withdraw in this appeal.

The trial court summarized the facts and procedural history of this appeal as follows:

The Agency received a referral on June 13, 2017, indicating that Mother and Father were residing together and using drugs. The couple had an extensive history of domestic violence. [The Agency] conducted a home visit at residence of Mother and Father [(collectively, Parents)]. Neither parent appeared under the influence, but appeared to have just woken. However, the Parents were unable to provide a urine screen at that time. Father agreed with and signed the safety plan. On July 6, 2017, Father called the Agency to report that he was at Butler Memorial Hospital detoxing from cocaine use, Mother was homeless and using drugs. Father informed the agency that he had left the Child in the care of [Child's] paternal cousins ... (the "Kinship [Placement] Family"). [Child] was placed on a 30 day safety plan with the Kinship Placement Family. After that, Father had no contact with the Agency for some time. [The Agency] attempted to contact Mother multiple times. On July 24, 2017, Mother contacted the Agency and acknowledged that she did not have a residence and could not care for [Child]. Mother explained that she was helping a friend remodel, had an interview, and was getting a car fixed. Just before the safety plan was scheduled to end, Father left the hospital. Mother was believed to be homeless. She had not met with [the Agency] or provided a drug test. [Child] was detained on August 7, 2017, when the safety plan ended as both of her parents were homeless and unable to care for her. Upon her detention, [Child] remained with the Kinship [Placement] Family. Neither Mother nor Father attended the Shelter Care Hearing.

An Adjudication Hearing was held on August 23, 2017, at which time [Child] was adjudicated dependent. Mother attended this hearing in person, while Father attended via telephone. Both Parents placed sufficient admissions on the record to support an adjudication of dependency. Mother also submitted to a drug screen on this day, which was positive.

On September 11, 2017, Mother attended the hearing in person, while Father again attended via telephone. Following the hearing, the Court concluded that it was in the best interest of [Child] to be removed from Mother's and Father's homes. Visitation was ordered, permitting Mother supervised visits twice per week, and Father supervised visits one every other week. The following objectives were also set for Mother:

• Maintain a legal source of income to meet [Child's] needs;

• Choose healthy relationships with people who are drug -free and safe for [Child] to be around;

• Maintain safe and stable[ ] housing with utili[t]es that are in working order;

• Attend and actively participate in [Child's] medical, dental, educational and developmental appointments to the best of her ability;

• Participate in weekly drug screens with two random drug screens;

• Schedule and attend drug and alcohol assessment and will notify caseworker the date and time;

• Follow any/all recommendations of the drug and alcohol assessment;

• Participate in mental health assessment of a provider of her choice and follow any recommendations made; and

• Inform her mental health providers that information shall be shared with the Agency and will sign any necessary releases.

* * *

On September 12, 2017, Mother was assessed at [Gaiser]. [Gaiser] recommended that Mother received drug treatment. Mother started, but was unable to attend due to the fact that she was residing in Pittsburgh. Mother requested a referral to another agency. Family Pathways also conducted a mental health assessment on the same day and recommended mental health treatment as well. Mother did enter an inpatient treatment program at Cove Forge in October of 2017. Upon her discharge in November of 2017, Mother moved back to her parents’ residence in Butler County. Mother then began intensive outpatient treatment at [Gaiser] providing weekly drug screens while residing with her parents, which were negative. Mother also began receiving Mental Health treatment at the Care Center.

On December 4, 2017, a permanency review hearing was held at which Mother attended .... Mother was found to have been in substantial compliance with her permanency plan. She had completed treatment in intensive outpatient treatment at [Gaiser], begun Vivitrol treatments for alcoholism (ultimately, Mother only received 4 treatments before leaving treatment), was living with her parent, and seeking employment. She had generally been providing clean drug screens, though she did have 3 refusals. The [c]ourt found that she had made moderate progress toward alleviating the circumstances which necessitate the original placement.

While living in the highly supportive environment of her parents’ home, Mother had been doing very well. Mother secured employment as a Manager at BiLo. She was attending all of the Child's medical and educational appointments. She had also been attending mental health treatment at The Care Center. Mother successfully completed her intensive outpatient treatment with [Gaiser] on February 16, 2017. She was then stepped-down to outpatient treatment. While Mother had been progressing, she experienced a major setback. Mother had a very serious argument with Maternal Grandmother on February 23, 2018, which ended in her being kicked out of the home.

As usual, Mother took no responsibility for her actions and placed the blame on others. Mother alleges that it involved Maternal Grandmother's refusal not to argue in front of the Child. Maternal Grandmother ultimately kicked Mother out. Mother claims that she was unable to get to work and was fired since Maternal Grandmother provided her transportation to work. Mother explained that because Maternal Grandmother did not help her, she relapsed. Mother was discharged from [Gaiser] and the Care Center shortly thereafter for noncompliance. Rather than turn to the Agency for help, or even inform the Agency of her change in residence, Mother states that she went to Catholic Charities for assistance, but was turned downed. Mother failed to maintain contact with the Child or [the Agency] during this period. With the next hearing looming, she entered Cove Forge again on March 25, 2018.

Mother attended the March 26, 2018 Hearing by telephone. Mother failed to acknowledge that had been discharged from her last IOP [(intensive outpatient program)] with [Gaiser] or the Care Center for non-compliance. Without this information, the Court gave Mother the benefit of the doubt, concluding that she was in moderate compliance with her plan and had made moderate progress. ...

Mother had been successfully discharged from Cove Forge on May 30, 2018. Following her discharge, Mother entered the Cove Forge Renewal Center, which is a halfway house for women in recovery. Mother again did very well in this highly supportive environment and visited consistently with [Child].

As of the July 10, 2018 permanency review hearing, the [c]ourt again concluded that Mother was in substantial compliance and had made substantial progress. The court noted that Mother was addressing her drug and alcohol addiction, receiving appropriate treatment, and had maintained her sobriety. Mother's lack of stable housing was the only goal that she had not met at that point.

The next Permanency Review Hearing was held on October 9, 2018. At this point, Mother continued to progress. She was still residing in the Renewal half-way house and [maintaining] her sobriety and mental health treatment. However, she was still working on providing stable housing. Consequently, the [c]ourt concluded that she was in substantial compliance with her permanency plan and had made substantial progress. ...

* * *

Following the December 11, 2018 Permanency Review Hearing, the [c]ourt once more concluded that Mother was in substantial compliance with her permanency plan. While Mother continued to reside in her half-way house, she was complaint with her dual diagnosis treatment, attended visitation and actively sought opportunities to better herself through services. Mother's Counselor at Renewal, Kimberly Benna, testified at the hearing that Mother had successfully completed Renewal's program and would be released in a few days. Ms. Benna further testified that Mother ... would continue care through a dual counseling intensive outpatient program at Alternative Community Resource Program ("ACRP"). Mother's appointment with ACRP had been already made by Renewal. Mother's progress was also found to be substantial for these reasons. Mother's lack of stable housing was the only goal that she had not met at that point. Though, Mother was actively involved in Cove Forge's Renewal program, she was working full-time at a call center. ...

Mother was successfully discharged from her half-way house at the Renewal Center on December 14, 2018. At that point, Mother moved into an apartment that she found and paid for herself. Mother spoke with [the Agency] on numerous occasions, stating that she would be staying in Johnstown area because she had developed a positive support network there. Following her discharge from Renewal, Mother was granted overnight weekend visits with the Child. Transportation of the Child, drug testing and monitoring of the visits was provided by SOS [(Specialty

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