In Re: R.B.S., Jr., a Minor (memorandum)

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J-A28015-21 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 IN RE: R.B.S., JR., A MINOR APPEAL OF: R.B.S., FATHER : : : : : : : : : IN THE SUPERIOR COURT OF PENNSYLVANIA No.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

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