In re T.K.C.

1

IN THE INTEREST OF: T.K.C., A MINOR APPEAL OF: T.C., FATHER IN THE INTEREST OF: T.C., A MINOR APPEAL OF: T.C., FATHER IN THE INTEREST OF: S.C., A MINOR APPEAL OF: T.C., FATHER IN THE INTEREST OF: S.T.C., A MINOR APPEAL OF: T.C., FATHER

Nos. 820 EDA 2023, 821 EDA 2023, 822 EDA 2023, 823 EDA 2023

No. J-S30032-23

Superior Court of Pennsylvania

November 28, 2023

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

Appeal from the Order Entered March 13, 2023 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s) CP-51-DP-0000055-2021, CP-51-AP-0000455-2022 CP-51-DP-0000326-2021, CP-51-AP-0000454-2022 Benjamin D. Kohler, Esq.

BEFORE: BENDER, P.J.E., LAZARUS, J., and SULLIVAN, J.

MEMORANDUM

SULLIVAN, J.

T.C. ("Father") appeals from the March 13, 2023 decrees granting the petitions filed by the Philadelphia Department of Human Services ("DHS") to involuntarily terminate his parental rights to his sons, T.C. a/k/a T.K.C. ("T.K.C.") (born September 2019), and S.C. a/k/a S.T.C. ("S.C.") (born December 2020) (collectively, "the Children").^1[] Father further appeals from the March 13, 2023 orders changing the Children's permanency goals to adoption. We affirm the decrees and dismiss the appeal of the orders as moot.

The family became known to DHS as a result of a child protective services ("CPS") report that four-week-old S.C. was brought, unresponsive, to St. Christopher's Hospital for Children ("St. Christopher's") the previous day with evidence of shaken baby syndrome, including bleeding on the brain and a skull fracture. See N.T., 3/13/23, at 11-13, 27-28. This report was indicated against Father and Mother, and DHS ultimately determined it was founded. See Exhibit DHS-7 (CPS Report); N.T., 3/13/23, at 11-13, 15-16, 28.

Upon examining S.C. at the hospital, the doctors found that he suffered the following injuries:

1. Extensive bilateral mixed density extra-axial (subdural and subarachnoid) and parenchymal hemorrhages, cerebral edema and areas of ischemic injuries to the brain.

2. Linear left parietal skull fracture with associated soft tissue swelling.

3. Cervical ligamentous injury (C2-C5).

4. Epidural hemorrhage to the thoracolumbar spinal canal (T11-L4).

5. Rib fractures - multiple bilateral acute and healing posterior rib fractures.

6. Left paraspinal musculature soft tissue edema/swelling.

7. Possible pulmonary contusion/hemorrhage.

8. Bilateral healing clavicle fractures.

9. Classic metaphyseal lesion (CML) to the right proximal humerus.

10. Classic metaphyseal lesion (CML) to the right and left proximal femurs.

11.Cutaneous injuries to the neck (bilateral).

12. Cutaneous injuries to the chest.

Exhibit DHS-10 (Child Protection Team Consultation Report) at 10-11 (punctuation added and numbering corrected); N.T. 3/13/23, at 11-13, 28-30. DHS investigative social worker Tierra Dunn attempted to speak to Father and Mother but both declined to speak or offer any explanation for S.C.'s injuries. See N.T., 3/13/23, at 16, 19-20. Dr. Norrell Atkinson, an expert in child abuse, examined S.C. upon his arrival at St. Christopher's and found he had twenty-four unexplained fractures, some of which had been inflicted ten to fourteen days before, and some of which were new. See id. at 34. Dr. Atkinson diagnosed S.C. as the victim of severe physical child abuse. See id., at 12, 37-38.

The police arrested Parents on charges of attempted murder, conspiracy, endangering the welfare of children, recklessly endangering another person, aggravated assault, and simple assault relating to S.C.'s injuries. DHS obtained an order of protective custody ("OPC") of T.K.C. in January 2021, and of S.C. in March 2021, upon his discharge from the hospital. See N.T. 3/13/23, at 17. T.K.C. was placed with his maternal great-grandmother, and S.C. was placed in a medical group home; both remained in those placements at the time of the termination proceeding two years later. See N.T., 3/13/23, at 17, 22-23, 48-49, 65. In January 2021, the court entered a one-year no-contact/stay-away order as to Parents. See Dependency Protective Order, 1/20/21; N.T., 3/13/23, at 24. Parents were permitted one joint 30-minute virtual visit per week during that year. See Shelter Care Order, 1/20/21. Father did not participate in the virtual visits. See N.T., 3/13/23, at 63.

The court adjudicated the Children dependent in June 2021, and established permanency goals of reunification. See Orders of Adjudication and Disposition, 6/8/21. In the related criminal cases, stay-away orders against Father were entered. See id.; N.T., 3/13/23, at 63. Those orders remained in place at the time of the hearing on all of DHS's petitions. See Exhibits DHS-3 and DHS-4 (Dependency Dockets).

In furtherance of the Children's reunification with Parents, DHS established a single case plan with objectives for Father focused on parenting, anger management, and mental health. See N.T., 3/13/23, at 61. Father completed both parenting and anger management courses in 2022 after the filing of the termination petitions and engaged in medical management and therapy. See id. at 61-63.

In July 2022, DHS filed petitions for the involuntary termination of parental rights to the Children pursuant to 23 Pa.C.S.A. § 2511(a)(1), (2), (5), (8), and (b), as well as petitions to change the Children's permanency goals from reunification to adoption. The court established concurrent goals of adoption in January 2023. See Permanency Review Orders, 1/10/23.

In March 2023, the court held a hearing on DHS's petitions to terminate Father's and Mother's parental rights and change the Children's goal to adoption. The Children, who were three and two years old at the time, were represented by a guardian ad litem ("GAL"), Maria D'Adamo, Esquire, whom the court appointed in January 2020.^2[] Parents remained incarcerated at the time of the hearing. Father was present and represented by counsel but presented no evidence. Mother appeared by telephone and testified on her own behalf. See Exhibit DHS-5 (Certified Criminal Record); Exhibit DHS-6 (Criminal Docket); N.T., 3/13/23, at 11-13, 28, 49.^3[]

Dr. Atkinson testified at the hearing about a conversation she had with Mother in person and Father via speakerphone. She testified S.C's injuries were inconsistent with Mother's suggestion that her sixteen-month-old, T.K.C., caused them, and Father offered no explanation for S.C.'s injuries during the thirty-to-sixty-minute conversation. See id. at 30-31, 38, 40-41. Dr. Atkinson also testified Mother said S.C. was fine when she put him down, Mother asked Father to check on S.C. when he started crying, and when Father retrieved S.C., he was unresponsive. See id. at 42-43. The evidence established Parents were S.C.'s caregivers during the relevant time period, and he was not in daycare. See id. at 45-46.

Natasha Triplett ("Triplett"), a case manager for the Community Umbrella Agency ("CUA"), testified at the hearing that S.C., who was then two years old, was receiving speech services and being taught to swallow. See N.T., 3/13/23, at 65. Triplett testified S.C. receives twenty-four-hour care including early intervention services for occupational therapy, physical therapy, and speech, and treatment from numerous specialists for neurological, endocrinological, and visual issues. See id. Triplett testified Mother asks about the Children, but Father failed to ask about them during his meetings with CUA. See id. at 53, 63. Triplett also testified that maternal great-grandmother with whom T.K.C.'s is bonded meets all of his needs, SC does not have a bond with Father, and it would be in the children's best interests to have Father's parental rights terminated. See id. at 64-65.

By decrees dated and entered March 13, 2023, the Orphans' court involuntarily terminated Father's parental rights to the Children pursuant to 23 Pa.C.S.A. § 2511(a)(1), (2), (5), (8), and (b). In addition, by separate orders dated and entered March 13, 2023, the court changed the Children's permanency goals from reunification to adoption.

Father filed timely notices of appeal and complied with Pa.R.A.P. 1925(a)(2)(i) and (b). The Orphans' court filed a responsive opinion.^4[]

On appeal, Father raises the following issues for our review:

1. Whether the [Orphans'] court committed reversible error when it involuntarily terminated Father's parental rights where such determination was not supported by clear and convincing evidence under . . . 23 Pa.C.S.A. § 2511(a)(1), (2), (5) and (8)?

2. Whether the [Orphans'] court committed reversible error when it involuntarily terminated Father's parental rights without giving primary consideration to the effect that the termination would have on the developmental, physical and emotional needs of the child as required by . . . 23 Pa.C.S.A. § 2511(b)?

Father's Brief at 8 (some capitalization added and punctuation corrected).^5[]

Father's issues implicate the involuntary termination of parental rights. Pennsylvania's Adoption Act ("the Act") governs involuntary termination of parental rights proceedings. See 23 Pa.C.S.A. §§ 2101-2938. We review involuntary termination orders for an abuse of discretion, which requires an error of law or a showing of manifest unreasonableness, partiality, prejudice bias, or ill-will. See In re L.A.K., 265 A.3d 580, 591 (Pa. 2021) (citation omitted). In applying this standard, an appellate court must accept the trial court's findings of fact and credibility determinations if supported by the record. See Interest of S.K.L.R., 256 A.3d 1108, 1123 (Pa. 2021); see also In re C.M., 255 A.3d 343, 358 (Pa. 2021). This standard "reflects the deference we pay to trial courts, who often observe the parties first-hand across multiple hearings." In re S.P., 47 A.3d...