In the Interest of: M.P.H., a Minor ( 2016 )


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  • J-S70013-16
    NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
    IN THE INTEREST OF: M.P.H., A        :   IN THE SUPERIOR COURT OF
    MINOR                                :        PENNSYLVANIA
    :
    :
    APPEAL OF: D.H., FATHER              :
    :
    :
    :
    :   No. 1008 EDA 2016
    Appeal from the Order February 24, 2016
    In the Court of Common Pleas of Philadelphia County
    Family Court at No(s): CP-51-AP-0000372-2015,
    CP-51-DP-0002241-2013
    IN THE INTEREST OF: S.J.H., A        :   IN THE SUPERIOR COURT OF
    MINOR                                :        PENNSYLVANIA
    :
    :
    APPEAL OF: D.H., FATHER              :
    :
    :
    :
    :   No. 1010 EDA 2016
    Appeal from the Order February 24, 2016
    In the Court of Common Pleas of Philadelphia County
    Family Court at No(s): CP-51-AP-0000371-2015,
    CP-51-DP-0002240-2013
    BEFORE: OLSON, OTT, and MUSMANNO, JJ.
    MEMORANDUM BY OLSON, J.:                       FILED SEPTEMBER 28, 2016
    D.H. (“Father”) appeals from the orders dated and entered on
    February 24, 2016, granting the petitions filed by the Philadelphia
    Department of Human Resources (“DHS” or the “Agency”), thereby
    involuntarily terminating Father’s parental rights to his fraternal twin, minor
    J-S70013-16
    children, M.P.H., a female, and S.J.H., a male, born in October 2013, (the
    “Children”), pursuant to the Adoption Act, 23 Pa.C.S.A. § 2511(a)(1), (2),
    and (b), and changing the permanency goal for the Children to adoption
    under the Juvenile Act, 42 Pa.C.S.A. § 6351.1 We affirm.
    In its opinion entered on May 26, 2016, the trial court aptly set forth
    the factual and procedural background of these appeals.2 As the trial court
    explained:
    [Mother] is the mother of [the Children]. . . . Prior to [the
    Children’s] birth, Mother also gave birth to four other children. . .
    .
    On October 20, 2008, this family became known to DHS when it
    received a General Protective Services (GPS) report alleging that
    Mother and her son, C.H., were being physically abused by
    [Mother’s] paramour, M.B. Mother would take C.H. and her
    other son, S.H. to spend the weekends at the home of M.B.
    M.B. disliked C.H. and would hit and mistreat him. C.H. stated
    that during the previous weekend M.B. hit him in the head. M.B.
    was allegedly abusive towards Mother. During an altercation
    between Mother and M.B., he threw S.H. into a chair. M.B.
    would take the children and lock them in a room and he would
    not permit Mother to leave the home. C.H. also complained of
    pain to his buttocks. M.B. lost custody of his biological children
    and there were allegations that he may have sexually abused his
    biological daughter. This report was substantiated.
    ____________________________________________
    1
    See Trial Court Opinion, 5/26/16, at 1. In a separate decree dated and
    entered on November 23, 2015, the trial court voluntarily terminated the
    parental rights of the Children’s mother, S.C.H. (“Mother”). Mother has not
    appealed the termination of her parental rights to the Children or the change
    in the permanency goal, nor is she a party to the instant appeal.
    2
    On April 22, 2016, this Court, acting sua sponte, consolidated Father’s
    appeals.
    -2-
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    ...
    On November 4, 2010, DHS received a Child Protective Services
    (CPS) report alleging that on November 29, 2010, Mother
    witnessed M.B. grab the children’s sibling, S.H., by the face.
    M.B. was also observed picking up S.H. by one arm. Mother
    suffered from borderline personality disorder, [bipolar] disorder,
    dyslexia, and she had a history of self-mutilation. There were
    domestic violence issues in the home[;] however, Mother was
    not ready to leave M.B. . . . The family had to boil water
    because the water heater was broken in the home.
    On November 4, 2010, DHS received a supplemental report to
    the November 4, 2010 CPS report alleging that Mother was
    making a bottle of milk for S.H. and she heard him crying.
    Mother observed M.B. holding S.H. with one arm as he threw
    him in his pack and play. Mother was in therapy for her mental
    health and she was compliant. The report was indicated and
    M.B. was named as the perpetrator.
    On July 19, 2011, Mother voluntarily relinquished her parental
    rights in regards to C.H. and S.H.
    On November 1, 2013, DHS received a GPS report alleging that .
    . . Mother gave birth to [the Children]. . . . M.B. continued to be
    verbally and physically abusive towards Mother. . . .
    [D]uring one of [Mother’s] previous births, [Mother] was
    diagnosed with severe post-partum depression. Mother was also
    diagnosed with schizoaffective disorder and was not taking any
    medication.
    On November 1, 2013, DHS received a supplemental report to
    the November 1, 2013 GPS report alleging that Mother resided
    with M.B. . . . There was no evidence that Mother was prepared
    to care for the newborns [(the Children);] however, paternity
    [for the Children] was not established.       This report was
    substantiated.
    On November 8, 2013, DHS obtained an order of protective
    custody (OPC) for [the Children] and placed them in a foster
    home through Women’s Christian Alliance (WCA).
    -3-
    J-S70013-16
    ...
    On November 11, 2013, [the Children] were placed in another
    foster home through WCA, where they currently remain.
    ...
    An adjudicatory hearing was held on November 18, 2013 before
    [the trial court]. The Children were adjudicated dependent and
    committed to DHS. . . .
    A permanency review hearing was held on March 21, 2014. The
    [trial] court received paternity results and learned that M.B. was
    not the father of [the Children]. . . .
    A permanency review hearing was held on June 13, 2014 before
    a master. [Father] was named [] the putative father of [the
    Children]. A paternity test was ordered.
    ...
    On March 1, 2015, a single case plan (SCP) meeting was held.
    The parental objectives were the following: 1) Mother to attend
    ARC; 2) [Father] to make his whereabouts known to DHS and
    follow through with [the trial court’s] recommendations; and 3)
    Father to attend ARC. Mother and Father did not participate in
    the meeting.
    A permanency review hearing was held on April 8, 2015 before
    [the trial court]. The court found the paternity test identified
    D.H. as the father of the Children. Mother and Father [were
    granted] one hour weekly visits at DHS. . . .
    A permanency review hearing was held on June 29, 2015. . . .
    The court found the Children to remain as committed. Mother
    signed voluntary relinquishments for the Children.
    [Father] has not been involved in any manner with [the
    Children] since they were committed to the care of DHS.
    [Father] has expressed no interest in setting up any SCP
    objectives or being a reunification resource for the Children.
    [Father] refused to participate in meetings and stated that he
    would not sign any documents. The [trial] court has noted
    [Father’s]   non-compliance    with  efforts  toward    familial
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    reunification. [Father] has not contacted the provider [or] DHS
    to learn about the developmental growth and well-being of the
    Children. [Father] has not been a parent to the Children nor has
    he been a visitation resource to his Children.
    ...
    On February 24, 2016, [the trial] court held a goal
    change/termination hearing and heard testimony on DHS’s
    petition to terminate Father’s parental rights as to [the]
    Children[] and change the permanency goal to adoption. Father
    was present and represented by his attorney.
    The assistant city solicitor first admitted into evidence the
    paternity test results for [Father] as 99.9999% probability for
    paternity of the Children, returned in January 2015, and
    recognized by the [trial] court on April 8, 2015.
    Inmon Gardner, CUA case manager, testified he has been the
    case manager for the [Children] for seven [] months. Before
    that, he was outcome specialist on the case since September 21,
    2014. He testified his role was to transport and supervise the
    visits of [the Children], make sure all the paperwork was signed
    and make sure the parents knew exactly what the goals were on
    the single case plan. He noted Father was not involved with the
    Children in September [] 2014. Father became involved shortly
    after that time, and he was offered visitation. However, his level
    of consistency was minimal, at best. Father had a [scheduled]
    visit every week, which totals approximately 24 scheduled visits.
    Father made about 14 of those visits but the majority of those,
    he was late. He would confirm the visits, then show up late or
    not show up.
    Mr. Garner further testified Father’s objectives were established:
    attend parenting classes at ARC [and] participate in their Pan
    Father’s group. . . . [Mr. Garner] received a telephone call from
    ARC stating Father never attended. Mr. Garner testified Father
    never attended the Pan Father’s group meetings, nor did he
    attend any of the single case plan meetings.
    [Father] was also required to have a home assessment for the
    CUA. Regarding housing, Mr. Garner testified Father gave him
    various addresses all in Philadelphia.  One was an address
    without an apartment number, which could not be verified, and
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    J-S70013-16
    two other addresses could not be verified. . . . Thus, Father
    never presented any appropriate housing for reunification.
    Father was referred for a parenting capacity evaluation and
    anger management, which he never attended. . . . Father stated
    he did not need anger management.
    Mr. Garner testified that since the last court hearing, Father has
    not missed any of the four visits.         During visits, Father’s
    interaction with the Children was playful and required redirection
    sometimes.      When the visits terminate[d], there [was] no
    reaction as to the Children.
    On cross-examination, Mr. Garner [testified] Father has never
    had unsupervised visits with the Children, due primarily to his
    unstable housing situation. He further [testified that] Father has
    never contacted him about the Children’s well-being . . . , their
    development, or their medical appointments.
    Mr. Garner testified [that] the Children are currently placed in a
    loving foster home, where they were placed 28 months ago,
    since their birth. He [testified that] the home is safe and
    appropriate and is a pre-adoptive home for the Children. The
    interactions between the Children and the foster parent are very
    loving, carefree[,] and [with a] genuine affection [between the
    Children and the foster parent]. The Children look to the foster
    parent as their primary caregiver, and look to her for their care,
    comfort and support. . . .
    Mr. Garner [testified that] reunification with Father is not
    possible at this time because of his non-completion of objectives,
    such as anger management and parenting classes. [Mr. Garner]
    further [testified that] the Children [would] not suffer irreparable
    harm if Father’s parental rights [were] terminated. He further
    [testified that] it would be in the best interest of both Children to
    be adopted because they have known only one caregiver their
    entire lives, the foster parent and are bonded to her. Separating
    the Children from the foster parent would, in turn, cause harm to
    the Children.
    Nicole Jones-Walker, CUA social worker, also testified. She
    began as the case manager [on] January 8, 2015 and had first
    contact with Father on February 10, 2015. She testified [that]
    Father’s objectives were parenting classes, visitation[, and to]
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    participate in paternity testing. The initial single case plan
    meeting was held February 23, 2015, however, Father never
    attended parenting classes. She further testified, Father never
    attended anger management classes nor did he ever participate
    in ARC services. Father also did not provide her with a lease [or]
    an address where he was living.
    Trial Court Opinion, 5/26/15, at 2- (some internal capitalization, citations,
    and quotations omitted).
    On February 24, 2016, the trial court granted the petitions filed by
    DHS, involuntarily terminated Father’s his parental rights to the Children,
    and changed the permanency goal for the Children to adoption under the
    Juvenile Act.    In his timely appeal filed on March 24, 2016, Father raises
    three issues:
    1. Did the trial court err when it found [DHS,] by clear and
    convincing evidence[,] had met its burden to terminate
    Appellant’s  parental rights pursuant      to  23  Pa.C.S.A.
    § 2511(a)(1), [and] § 2511(a)(2)[?]
    2. Did the trial court err when it found that the termination of
    [F]ather’s parental rights was in the [C]hildren’s best interests[,]
    and that [DHS] had met its burden pursuant to 23 Pa.C.S.A.
    § 2511(b)[?]
    3. Did the trial court err in changing the permanent placement
    goal from reunification to adoption[?]
    Father’s Brief at vi (some internal capitalization omitted).3
    ____________________________________________
    3
    Father stated his first issue somewhat differently in his concise statements,
    and has deleted any argument concerning section 2511(a)(5) and (8) from
    his brief, as the trial court did not terminate his parental rights under those
    subsections. We find that he adequately preserved his three issues for our
    (Footnote Continued Next Page)
    -7-
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    In reviewing an appeal from an order terminating parental rights, we
    adhere to the following standard:
    [A]ppellate courts must apply an abuse of discretion standard
    when considering a trial court’s determination of a petition for
    termination of parental rights. As in dependency cases, our
    standard of review requires an appellate court to accept the
    findings of fact and credibility determinations of the trial court if
    they are supported by the record. In re: R.J.T., 
    9 A.3d 1179
    ,
    1190 (Pa. 2010). If the factual findings are supported, appellate
    courts review to determine if the trial court made an error of law
    or abused its discretion. Id.; R.I.S., [
    36 A.3d 567
    , 572 (Pa.
    2011) (plurality opinion)]. As has been often stated, an abuse of
    discretion does not result merely because the reviewing court
    might have reached a different conclusion.          Id.; see also
    Samuel Bassett v. Kia Motors America, Inc., 
    34 A.3d 1
    , 51
    (Pa. 2011); Christianson v. Ely, 
    838 A.2d 630
    , 634 (Pa. 2003).
    Instead, a decision may be reversed for an abuse of discretion
    only upon demonstration of manifest unreasonableness,
    partiality, prejudice, bias, or ill-will. 
    Id. As [the
    Pennsylvania Supreme Court] discussed in R.J.T., there
    are clear reasons for applying an abuse of discretion standard of
    review in these cases. [The Supreme Court] observed that,
    unlike trial courts, appellate courts are not equipped to make the
    fact-specific determinations on a cold record, where the trial
    judges are observing the parties during the relevant hearing and
    often presiding over numerous other hearings regarding the child
    and parents. 
    R.J.T., 9 A.3d at 1190
    . Therefore, even where the
    facts could support an opposite result, as is often the case in
    dependency and termination cases, an appellate court must
    resist the urge to second guess the trial court and impose its
    own credibility determinations and judgment; instead we must
    defer to the trial judges so long as the factual findings are
    supported by the record and the court’s legal conclusions are not
    the result of an error of law or an abuse of discretion. In re
    _______________________
    (Footnote Continued)
    review. Cf. Krebs v. United Ref. Co. of Pa., 
    893 A.2d 776
    , 797 (Pa.
    Super. 2006) (holding that an appellant waives issues that are not raised in
    both his concise statement of errors complained of on appeal and the
    statement of questions involved in his brief on appeal).
    -8-
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    Adoption of Atencio, [
    539 Pa. 161
    , 165,] 
    650 A.2d 1064
    , 1066
    (Pa. 1994).
    In re Adoption of S.P., 
    616 Pa. 309
    , 325-26, 
    47 A.3d 817
    , 826-27 (2012).
    The burden is upon the petitioner to prove by clear and convincing
    evidence that the asserted grounds for seeking the termination of parental
    rights are valid. In re R.N.J., 
    985 A.2d 273
    , 276 (Pa. Super. 2009).
    Moreover, we have explained:
    [t]he standard of clear and convincing evidence is defined as
    testimony that is so “clear, direct, weighty and convincing as to
    enable the trier of fact to come to a clear conviction, without
    hesitance, of the truth of the precise facts in issue.”
    
    Id., quoting In
    re J.L.C., 
    837 A.2d 1247
    , 1251 (Pa. Super. 2003).
    This Court may affirm the trial court’s decision regarding the
    termination of parental rights with regard to any one subsection of section
    2511(a).     See In re B.L.W., 
    843 A.2d 380
    , 384 (Pa. Super. 2004) (en
    banc).     The trial court terminated Father’s parental rights under section
    2511(a)(1), (2), and (b).     We will focus on section 2511(a)(2) and (b),
    which provide as follows:
    § 2511. Grounds for involuntary termination
    (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
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    conditions and causes of the incapacity, abuse, neglect or
    refusal cannot or will not be remedied by the parent.
    ...
    (b) Other considerations.--The court in terminating the rights of
    a parent shall give primary consideration to the developmental,
    physical and emotional needs and welfare of the child. The
    rights of a parent shall not be terminated solely on the basis of
    environmental factors such as inadequate housing, furnishings,
    income, clothing and medical care if found to be beyond the
    control of the parent. With respect to any petition filed pursuant
    to subsection (a)(1), (6) or (8), the court shall not consider any
    efforts by the parent to remedy the conditions described therein
    which are first initiated subsequent to the giving of notice of the
    filing of the petition.
    23 Pa.C.S.A. § 2511.
    In his brief, Father contends that DHS did not meet its burden of proof
    with regard to section 2511(a)(2). Father’s Brief at 3. Father asserts that
    the record evidence showed that he made steps towards compliance with his
    Family Service Plan (“FSP”) objectives. 
    Id. In particular,
    Father states that
    he has housing and employment.        
    Id. Father claims
    that the evidence
    showed that he had not missed a visit in the months preceding the
    termination hearing.   
    Id. Father asserts
    that, at the hearing on February
    24, 2016, DHS presented the testimony of the Community Umbrella Agency
    (“CUA”) case manager, Inmon Gardner, who testified, on direct examination,
    that Father was minimally compliant because he had not missed any visits
    since the preceding court date. Father also states that Mr. Gardner testified,
    on cross-examination by the Child Advocate, that the preceding court date
    was in November of 2015. Father’s Brief at viii.
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    J-S70013-16
    To satisfy the requirements of section 2511(a)(2), the moving party
    must produce clear and convincing evidence regarding the following
    elements:
    (1) repeated and continued incapacity, abuse, neglect or
    refusal; (2) such incapacity, abuse, neglect or refusal has
    caused the child to be without essential parental care,
    control or subsistence necessary for his physical or mental
    well-being; and (3) the causes of the incapacity, abuse,
    neglect or refusal cannot or will not be remedied.
    In re Adoption of M.E.P., 
    825 A.2d 1266
    , 1272 (Pa. Super. 2003).
    The   grounds   for   termination    of   parental   rights   under   section
    2511(a)(2), due to parental incapacity that cannot be remedied, are not
    limited to affirmative misconduct; to the contrary, those grounds may
    include acts of refusal as well as incapacity to perform parental duties. In
    re A.L.D. 
    797 A.2d 326
    , 337 (Pa. Super. 2002).
    The trial court concluded its analysis of section 2511(a)(2) as follows:
    As discussed above, the trial court found that Father evidenced
    an incapacity to parent. [] Father repeatedly failed to complete
    objectives and failed to maintain appropriate housing for the
    Children. He refused to participate in meetings and sign any
    documents. He has not contacted the provider or DHS to learn
    about the growth and well-being of the Children. Also[,] he
    failed as to his ability to bond as a parent. The court was not
    persuaded that Father could or would resolve these issues in the
    near future. Although Father testified that he had an on-line job
    as a life coach, no evidence was presented to corroborate his
    testimony.
    Trial Court Opinion, 5/26/16, at 16.
    After a careful review of the record in this matter, we find the trial
    court’s factual findings are supported by the record, and the court’s legal
    - 11 -
    J-S70013-16
    conclusions are not the result of an error of law or an abuse of discretion.
    In re Adoption of 
    S.P., 47 A.3d at 826-27
    .          We, therefore, affirm the
    termination of Father’s parental rights with regard to the Children under
    section 2511(a)(2) on the basis of the trial court opinion entered on May 26,
    2016.
    Next, we review the termination of the parental rights of Father under
    section 2511(b).      This Court has stated that the focus in terminating
    parental rights under section 2511(a) is on the parent, but it is on the child
    pursuant to section 2511(b). See In re Adoption of C.L.G., 
    956 A.2d 999
    ,
    1008 (Pa. Super 2008) (en banc).
    In reviewing the evidence in support of termination under section
    2511(b), our Supreme Court stated as follows:
    [I]f the grounds for termination under subsection (a) are met, a
    court “shall give primary consideration to the developmental,
    physical and emotional needs and welfare of the child.” 23
    Pa.C.S.A. § 2511(b). The emotional needs and welfare of the
    child have been properly interpreted to include “[i]ntangibles
    such as love, comfort, security, and stability.” In re K.M., 
    53 A.3d 781
    , 791 (Pa. Super. 2012). In In re E.M., [
    620 A.2d 481
    ,
    485 (Pa. 1993)], [the Pennsylvania Supreme] Court held that
    the determination of the child’s “needs and welfare” requires
    consideration of the emotional bonds between the parent and
    child. The “utmost attention” should be paid to discerning the
    effect on the child of permanently severing the parental bond.
    In re 
    K.M., 53 A.3d at 791
    .
    In re: T.S.M., 
    71 A.3d 251
    , 267 (Pa. 2013).
    Father argues that the trial court erred in terminating his parental
    rights with regard to the Children under section 2511(b) because the
    - 12 -
    J-S70013-16
    evidence showed that the Children have a positive parental bond with him,
    and call him “Dad”. Father’s Brief at 4. Father asserts that the termination
    of his parental rights does not serve the needs and welfare of the Children.
    
    Id. The trial
    court summarized its analysis of section 2511(b) as follows:
    This court finds credible the testimony from the Agency workers
    that the Children would not suffer irreparable harm if Father’s
    rights were terminated and that termination of Father’s parental
    rights would be in the best interest of the Children. The Children
    have spent their entire life in placement, since birth, with the
    same foster parent. They are now 31 months old, [and] they
    live in a nurturing and loving home with the foster mother, the
    only caretaker they have ever known, who meets all of their
    emotional and physical needs. The court concluded:
    Well[,] considering the evidence and obviously, as a
    result of the testimony of [F]ather, there are some issues
    in contest, but I resolve the issue of credibility in favor of
    the DHS case workers – the subsequent case workers,
    whose testimony somewhat overlaps and reinforces each
    other. So, on the contested credibility, the issue is
    resolved in favor of DHS.         That evidence, indeed,
    support[s], clearly and convincingly, that Father has
    failed to remedy any of the issues that brought these
    children into care. So[,] considering the evidence, under
    section 2511(a)(1) and (2)[,] and 2511(b), Father’s
    parental rights are terminated.         Since I previously
    terminated Mother’s rights, the goals can be changed to
    adoption for these [c]hildren.
    Trial Court Opinion, 5/26/16, at 16-17 (some internal capitalization
    omitted).
    After a careful review of the record in this matter, we find the trial
    court’s factual findings are supported by the record, and the court’s legal
    conclusions are not the result of an error of law or an abuse of discretion.
    - 13 -
    J-S70013-16
    In re Adoption of 
    S.P., 47 A.3d at 826-27
    . In its opinion, the trial court
    found that the Children have been in placement in the same foster home for
    nearly three years, since birth. Accordingly, it was proper to find no bond
    exists such that the Children would suffer permanent emotional harm if
    Father’s parental rights were terminated. In re K.Z.S., 
    946 A.2d 753
    , 764
    (Pa. Super. 2008). It is well-settled that “we will not toll the well-being and
    permanency of [a child] indefinitely.” In re Adoption of 
    C.L.G., 956 A.2d at 1007
    , citing In re Z.S.W., 
    946 A.2d 726
    , 732 (Pa. Super. 2008) (noting
    that a child’s life “simply cannot be put on hold in the hope that [a parent]
    will summon the ability to handle the responsibilities of parenting”).     We,
    therefore, affirm the termination of Father’s parental rights with regard to
    the Children under section 2511(b), on the basis of the trial court opinion.
    Finally, Father argues that the trial court erred in changing the
    permanency goal for the Children to adoption under section 6351 of the
    Juvenile Act. Father’s Brief at 4. Father asserts that reunification was in the
    best interest of the Children. 
    Id. The Pennsylvania
    Supreme Court recently set forth our standard of
    review in a dependency case as follows.
    “The standard of review in dependency cases requires an
    appellate court to accept findings of fact and credibility
    determinations of the trial court if they are supported by the
    record, but does not require the appellate court to accept the
    lower court’s inferences or conclusions of law.” In re R.J.T., 
    9 A.3d 1179
    , 1190 (Pa. 2010).          We review for abuse of
    discretion[.]
    - 14 -
    J-S70013-16
    In Interest of: L.Z., A Minor Child, 
    111 A.3d 1164
    , 1174 (Pa. 2015).
    Regarding the disposition of a dependent child, section 6351(e), (f),
    (f.1), and (g) of the Juvenile Act provide the trial court with the criteria for
    its permanency plan for the subject child. Pursuant to those subsections of
    the Juvenile Act, the trial court is to determine the disposition that is best
    suited to the safety, protection, and physical, mental, and moral welfare of
    the child.
    When considering a petition for goal change for a dependent child, the
    trial court considers
    the continuing necessity for and appropriateness of the
    placement; the extent of compliance with the service plan
    developed for the child; the extent of progress made
    towards alleviating the circumstances which necessitated
    the original placement; the appropriateness and feasibility
    of the current placement goal for the child; and, a likely
    date by which the goal for the child might be achieved.
    In re A.K., 
    936 A.2d 528
    , 533 (Pa. Super. 2007), citing 42 Pa.C.S.A.
    § 6351(f)).
    Additionally, Section 6351(f.1) requires the trial court to make a
    determination regarding the child’s placement goal:
    (f.1) Additional determination.—Based upon the
    determinations made under subsection (f) and all relevant
    evidence presented at the hearing, the court shall
    determine one of the following:
    ...
    (2) If and when the child will be placed for adoption,
    and the county agency will file for termination of
    parental rights in cases where return to the child’s
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    J-S70013-16
    parent, guardian or custodian is not best suited to the
    safety, protection and physical, mental and moral
    welfare of the child.
    42 Pa.C.S.A. § 6351(f.1).
    On the issue of a placement goal change, this Court stated:
    When a child is adjudicated dependent, the child’s proper
    placement turns on what is in the child’s best interest, not
    on what the parent wants or which goals the parent has
    achieved. See In re Sweeney, 
    574 A.2d 690
    , 691 (Pa.
    Super. 1990) (noting that “[o]nce a child is adjudicated
    dependent . . . the issues of custody and continuation of
    foster care are determined by the child’s best interests”).
    Moreover, although preserving the unity of the family is a
    purpose of [the Juvenile Act], another purpose is to
    “provide for the care, protection, safety, and wholesome
    mental and physical development of children coming within
    the provisions of this chapter.”              42 Pa.C.S.A.
    § 6301(b)(1.1). Indeed, “[t]he relationship of parent and
    child is a status and not a property right, and one in which
    the state has an interest to protect the best interest of the
    child.” In re E.F.V., 
    461 A.2d 1263
    , 1267 (Pa. Super.
    1983) (citation omitted).
    In re K.C., 
    903 A.2d 12
    , 14-15 (Pa. Super. 2006).
    In its opinion entered on May 26, 2016, the trial court found sufficient
    facts from which it properly determined that a goal change to adoption was
    best suited to the Children’s safety and protection, and physical, mental, and
    moral welfare. Accordingly, we find Father’s argument that the goal change
    to adoption under section 6351 of the Juvenile Act was erroneous lacks
    merit, and that the trial court did not error or abuse its discretion in
    changing the goal for the Children to adoption.
    Orders affirmed.
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    J-S70013-16
    Judgment Entered.
    Joseph D. Seletyn, Esq.
    Prothonotary
    Date: 9/28/2016
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