In Re: S.E.-R., a Minor Appeal of: B v. Mother ( 2015 )


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  • J-A02024-15
    NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
    IN THE INTEREST OF: S.E.-R., A MINOR            IN THE SUPERIOR COURT OF
    PENNSYLVANIA
    APPEAL OF: B.V., MOTHER
    No. 2413 EDA 2014
    Appeal from the Order Entered July 17, 2014
    In the Court of Common Pleas of Philadelphia County
    Family Court at Nos.: CP-51-AP-0000287-2013
    CP-51-DP-0123503-2009
    FID: 51-FN-471006-2009
    BEFORE: PANELLA, J., LAZARUS, J., and WECHT, J.
    MEMORANDUM BY WECHT, J.:                          FILED JANUARY 30, 2015
    B.V. (“Mother”) appeals the July 17, 2014 order that involuntarily
    terminated her parental rights to her daughter, S.E.-R. (“Child”), born in
    June 2008. After review, we affirm.
    The trial court, per the Honorable Allan L. Tereshko, J., summarized
    the procedural history of this case and made the following findings of fact:
    On August 25, 2009, [Child] was admitted to St. Christopher’s
    Hospital for Children due to feeding aversion, gastroenteritis,
    and failure to thrive. [Child] was discharged from the hospital
    on September 17, 2009.
    On December 1, 2009, the Department of Human Services
    (“DHS”) received a General Protective Services (“GPS”) Report
    stating that [Child] had a significant history of failure to thrive
    and had been hospitalized at least 12 times. [Child’s] medical
    team was unable to determine the cause of her failure to thrive.
    The report further stated that on December 1, 2009, Mother was
    contacted regarding [Child’s] tolerance for food and her speech
    was slurred. Mother at the time was manic, quoting Bible
    verses, and read letters from previous doctors. According to the
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    report, there were concerns regarding Mother’s mental stability
    and her ability to properly care for [Child]. It was determined
    that [Child’s] condition worsened due to Mother’s lack of care.
    On December 7, 2009, DHS met with Mother at her home, where
    she informed DHS that her speech was slurred and she was
    manic because a family member died. Mother has a history of
    using drugs and alcohol.
    On December 14, 2009, [Child] was admitted to St.
    Christopher’s Hospital for Children. [Child] began to gain weight
    while hospitalized and was discharged to Mother’s care. Mother
    failed to keep follow[-]up medical appointments.
    On December 22, 2009, DHS obtained an Order of Protective
    Custody (“OPC”) for [Child.] DHS placed [Child] in a medical
    foster home. Mother was referred to the Clinical Evaluation Unit
    (“CEU”) for a dual diagnosis assessment and screen.
    At the shelter care hearing on December 24, 2009, the OPC was
    lifted and the temporary commitment to DHS was ordered to
    stand.
    At the adjudicatory hearing on December 29, 2009, held before
    the Honorable Flora Barth Wolf, the temporary commitment to
    DHS was ordered to stand. The court deferred adjudication with
    DHS supervision. The court referred Mother to CEU for a dual
    diagnosis assessment and a forthwith drug and alcohol screen.
    The [court] further ordered weekly two[-]hour supervised visits
    at the agency, which could be modified by agreement of the
    parties.
    The initial Family Service Plan (“FSP”) Meeting was held on
    January 4, 2010, at which time the goal for [Child] was
    reunification. The FSP objectives for Mother were stated as: 1)
    to participate in a dual diagnosis assessment and comply with all
    treatment recommendations; 2) to participate in drug and
    alcohol screening; 3) attend parenting classes; 4) keep all visits
    and maintain regular contact with [Child]; 5) participate in
    [Child’s] medical appointments; and 6) to avoid interfering with
    the provision of medical supplies to [Child’s] foster parents.
    Mother participated in the meeting.
    On June 8, 2010, DHS held an FSP meeting, and the goal for
    [Child] remained reunification. The FSP objectives remained the
    same. Mother participated in the FSP meeting.
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    At the adjudicatory hearing on June 29, 2010, held before the
    Honorable Flora Barth Wolf, the temporary commitment to DHS
    was discharged, and [Child] was adjudicated dependent and
    committed to DHS.
    At the permanency review hearing on October 21, 2010 held
    before the Honorable Flora Barth Wolf, the court ordered Mother
    be referred to CEU for a dual diagnosis assessment and urine
    drug screens. The court also ordered Mother to submit to three
    drug screens prior to the next court hearing and to comply with
    recommended drug and alcohol and mental health services.
    In February 2011, [Child] was reunified with Mother and court
    supervision was terminated.
    On May 12, 2011, Mother received a comprehensive
    biopsychosocial evaluation though Intercommunity Action, Inc.
    Mother was diagnosed with cocaine dependence, mood disorder
    NOS, post[-]traumatic stress disorder, panic disorder, and
    generalized anxiety disorder. Mother admitted to using alcohol
    and cocaine and reported that she was receiving inpatient
    substance abuse treatment at least three times in the past five
    years.
    On June 4, 2011, [Child] was admitted to Children’s Hospital of
    Philadelphia (“CHOP”) for feeding intolerance and constipation.
    [Child] gained weight and thrived while hospitalized.
    On June 13, 2011, DHS received a Child Protective Services
    report providing that Mother stated that [Child] had been
    vomiting for the past one to two weeks and refusing to be fed by
    mouth. The report further stated that [Child] did not vomit while
    in the presence of staff at CHOP, and that there was no medical
    reason for [Child’s] vomiting. In addition, it was reported that
    Mother failed to attend an intensive feeding program offered by
    CHOP and that she missed nine appointments for [Child] to be
    seen at the CHOP Care network.
    DHS obtained an OPC on June 15, 2011 for [Child.]
    On June 28, 2011, DHS held an FSP meeting, and the goal for
    [Child] was reunification. The FSP objectives for Mother were
    stated as: 1) to attend a psychiatric evaluation and comply with
    recommendations; 2) to complete a parenting capacity
    evaluation; 3) to meet with a therapist on a regular basis; 4) to
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    comply with previously developed FSP objectives; and 5) to
    meet regularly with [Child’s] agency social worker.
    At the adjudicatory hearing on August 29, 2011, held before the
    Honorable Donna M. Woelpper, the court ordered Mother to have
    supervised visitation, and to have a forthwith drug screen, drug
    and alcohol assessment and monitoring by CEU.
    At the adjudicatory hearing on September 16, 2011, held before
    the Honorable Donna [M.] Woelpper, the temporary commitment
    to DHS was discharged, and [Child] was adjudicated dependent
    and reunified with Mother. In-home protective services were
    implemented in Mother’s home to monitor [Child’s] safety. The
    court further ordered Mother to continue with the mental health
    treatment plan, comply with feeding programs at CHOP, comply
    with all evaluations and appointments, and complete all FSP
    objectives.
    At the permanency review hearing on November 1, 2011, held
    before the Honorable Donna M. Woelpper, the court referred
    Mother to BHS for psychiatric evaluation and any other
    necessary psychological evaluations.
    On November 21, 2011, DHS held a FSP meeting, and the goal
    for [Child] remained reunification. The FSP objectives for Mother
    [were] stated as: 1) to attend a mental health evaluation and
    comply with recommendations; 2) to meet with a therapist on a
    regular basis; 3) to provide [Child] with nutritious meals; and 4)
    to comply with previously developed FSP objectives. Mother
    participated in the meeting.
    On December 21, 2011, the case aide responsible for
    transporting [Child] to medical day care at Lauren’s House
    reported that Mother had a bleeding cut on her face that she
    wiped off while talking to her.
    On January 5, 2012, the case aide reported that Mother
    appeared to be under the influence, slurred her words, and kept
    repeating herself.
    On January 11, 2012, pursuant to DHS’s emergency relist
    request, the case was held before the Honorable Donna M.
    Woelpper. The court ordered Mother to produce a urine drug
    screen. The court further ordered that DHS place [Child] if
    Mother did not ensure she attended medical day care daily at
    Lauren’s House, or if her urine screen was positive. The court
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    also ordered Mother to have three random drug screens prior to
    the next court hearing, and to comply with [Child’s] feeding
    clinic.
    At the permanency review hearing on March 26, 2012 held
    before the Honorable Edward C. Wright, the court removed
    [Child] from Mother’s care.  In addition, the CHOP feeding
    program reported Mother missed 23 of 48 mandatory meals with
    [Child].
    On May 17, 2012, DHS requested Mother submit a urine drug
    screen within one day. Mother submitted a urine screen on May
    25, 2012.
    On May 24, 2012, Mother was referred to the Achieving
    Reunification Center.
    On June 4, 2012, Mother tested positive for cocaine.
    On June 22, 2012, Mother was discharged unsuccessfully from
    her drug treatment program at Interac.
    On October 2, 2012, Mother appeared under the influence of
    drugs at DHS.
    On November 9, 2012, Mother tested positive for drugs.
    At the permanency review hearing on December 20, 2012, held
    before the Honorable James Murray Lynn, the court referred
    Mother to CEU for monitoring and 12 random screens prior to
    the next court hearing. The court ordered Mother to have
    supervised visits at the agency for one hour, and that if she
    misse[d] one visit, visits [would] be decreased to bi-weekly for
    one hour, and to be suspended if she misse[d] two visits.
    Mother reported to CEU in March 2013 to produce a screen on a
    date of her own choosing. She did not submit to three random
    screens.
    Trial Court Opinion (“T.C.O.”), 9/15/2014, at 2-11 (citations to record
    omitted; modifications to capitalization).
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    On May 9, 2013, DHS filed a petition to terminate Mother’s parental
    rights.1 The trial court (per Judge Tereshko) held hearings on the petition
    on November 21, 2013 and February 19, 2014. On July 17, 2014, the trial
    court    terminated    Mother’s     parental   rights   pursuant   to   23   Pa.C.S.A.
    § 2511(a)(1), (2), (5), (8), and (b). Also on July 17, 2014, the trial court
    changed Child’s goal from reunification with Mother to adoption.
    On August 15, 2014, Mother timely filed a notice of appeal and a
    concise statement of errors complained of on appeal pursuant to Pa.R.A.P.
    1925(a)(2)(i) and (b).        On September 15, 2014, the trial court filed its
    Pa.R.A.P. 1925(a) opinion.
    Mother raises four issues for our review:
    1. Did the trial court commit an error of law and abuse of
    discretion by involuntarily terminating [Mother’s] parental
    rights under 23 Pa.C.S.A. § 2511(a), where the evidence
    showed that [Mother] substantially complied with the Family
    Service Plan goals established by the Department of Human
    Services of the City of Philadelphia (DHS), and further that
    DHS failed to provide adequate services to assist [Mother] in
    remedying the conditions that brought [Child] into care?
    2. Did the trial court commit an error of law and abuse of
    discretion by involuntarily terminating [Mother’s] parental
    rights under 23 Pa.C.S.A. § 2511(a) and (b), where [DHS]
    failed to prove by clear and convincing evidence that
    involuntar[ily] terminating [Mother’s] parental rights would
    best serve the emotional needs and welfare of [Child]?
    ____________________________________________
    1
    DHS also petitioned to terminate the parental rights of the unknown
    father. The trial court’s July 17, 2014 order terminated the unknown
    father’s parental rights.
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    3. Did the trial court commit an error of law and abuse of
    discretion by involuntarily terminating Mother’s parental
    rights without fully considering the impact of termination of
    the emotional needs and welfare of [Child]?
    4. Did the trial court commit an error of law and abuse of
    discretion by changing the permanency goal of [Child] from
    reunification to adoption where [DHS] failed to provide
    sufficient evidence that such a goal change would be best
    suited for [Child’s] needs and welfare?
    Mother’s Brief as 2-3 (citations modified).
    In her first three issues, Mother challenges the termination of her
    parental rights. We address those issues together. Our scope and standard
    of review for the termination of parental rights are as follows:
    In an appeal from an order terminating parental rights, our
    scope of review is comprehensive: we consider all the evidence
    presented as well as the trial court’s factual findings and legal
    conclusions. However, our standard of review is narrow: we will
    reverse the trial court’s order only if we conclude that the trial
    court abused its discretion, made an error of law, or lacked
    competent evidence to support its findings. The trial judge’s
    decision is entitled to the same deference as a jury verdict.
    In re L.M., 
    923 A.2d 505
    , 511 (Pa. Super. 2007) (citations omitted).
    Further, we have stated:
    Where the hearing court’s findings are supported by competent
    evidence of record, we must affirm the hearing court even
    though the record could support an opposite result.
    We are bound by the findings of the trial court which have
    adequate support in the record so long as the findings do not
    evidence capricious disregard for competent and credible
    evidence. The trial court is free to believe all, part, or none of
    the evidence presented, and is likewise free to make all
    credibility determinations and resolve conflicts in the evidence.
    Though we are not bound by the trial court’s inferences and
    deductions, we may reject its conclusions only if they involve
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    errors of law or are clearly unreasonable in light of the trial
    court’s sustainable findings.
    In re M.G., 
    855 A.2d 68
    , 73-74 (Pa. Super. 2004) (citations omitted).
    Mother’s   rights   were   terminated     pursuant   to   23   Pa.C.S.A.
    § 2511(a)(1), (2), (5), (8), and (b).       In pertinent part, these statutory
    provisions provide as follows:
    (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:
    (1) The parent by conduct continuing for a period of at
    least six months immediately preceding the filing of the
    petition either has evidenced a settled purpose of
    relinquishing parental claim to a child or has refused or
    failed to perform parental duties.
    (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.
    *    *    *
    (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
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    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.
    *    *    *
    (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 order to affirm the termination of parental rights, this Court need
    only agree that grounds to do so have been established pursuant to any one
    subsection of section 2511(a). See In re B.L.W., 
    843 A.2d 380
    , 384 (Pa.
    Super. 2004) (en banc). Therefore, although the trial court found grounds
    to terminate pursuant to multiple subsections, we will only address section
    (a)(8). In doing so, we must consider that:
    In a proceeding to involuntarily terminate parental rights, the
    burden of proof is upon the party seeking termination to
    establish by “clear and convincing” evidence the existence of
    grounds for doing so. The 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.
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    In re Adoption of Dale A., II, 
    683 A.2d 297
    , 299 (Pa. Super. 1996)
    (citations omitted).
    To terminate parental rights pursuant to 23 Pa.C.S.A.
    § 2511(a)(8), the following factors must be demonstrated: (1)
    the child has been removed from parental care for 12 months or
    more from the date of removal; (2) the conditions which led to
    the removal or placement of the child continue to exist; and (3)
    termination of parental rights would best serve the needs and
    welfare of the child. Section 2511(a)(8) sets a 12-month time
    frame for a parent to remedy the conditions that led to the
    [child’s] removal by the court. Once the 12-month period has
    been established, the court must next determine whether the
    conditions that led to the child’s removal continue to exist,
    despite the reasonable good faith efforts of [the child welfare
    agency] supplied over a realistic time period. Termination under
    Section 2511(a)(8) does not require the court to evaluate a
    parent’s current willingness or ability to remedy the conditions
    that initially caused placement or the availability or efficacy of
    [the child welfare agency’s] services.
    In re K.Z.S., 
    946 A.2d 753
    , 759 (Pa. Super. 2008) (some citations
    omitted).
    Mother argues that she has stopped her drug use, offering evidence in
    the form of clean drug screens. Mother contends that the evidence did not
    support the trial court’s conclusion that she did not comply with the drug
    screening requirements.    Mother also argues that she was compliant with
    her mental health goals and that she, in fact, attended outpatient therapy.
    Mother asserts that she “substantially complied with her visitation plan” and
    attended fifty-five out of seventy-four visits between March 2012 and
    November 2013. Further, Mother argues that Child does not suffer from the
    same medical issues that led to the dependency and, therefore, there is no
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    evidence that Mother could not care for Child. Finally, Mother argues that
    the record did not support the conclusion that Mother and Child do not share
    a strong bond. Rather, Mother asserts that the evidence demonstrated that
    Mother and Child share a bond and a loving relationship.               Mother’s Brief at
    11-19, 21-26.
    There is no question that Child had been out of Mother’s care for more
    than twelve months prior to the hearing.                Further, in assessing Mother’s
    conduct, the trial court could not consider any post-petition conduct.               23
    Pa.C.S.A. § 2511(b).        Therefore, like the trial court, we may not consider
    Mother’s conduct after May 9, 2013.2 The trial court found that Mother had
    failed to comply with her drug and alcohol treatment, had failed to comply
    with   random      drug    screens,     had    failed    to   attend   Child’s   medical
    appointments, and had failed to comply with her mental health treatment.
    T.C.O. at 13. Therefore, the trial court concluded that the conditions that
    led to Child’s placement had not been remedied. 
    Id. at 14.
    Our review of
    the record finds that there is sufficient evidence to support those findings
    and conclusions.
    ____________________________________________
    2
    Most of the progress that Mother relied upon in her brief occurred after
    the petition was filed. See Notes of Testimony (“N.T.”), 11/21/2013, at 63-
    64 (citing November 21, 2013 report that Mother was complying with mental
    health treatment and had a clean urine screen); N.T., 2/19/2014, at 14
    (discussing negative drug screens).
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    Cathy Rosber, the current DHS social worker, testified that, when she
    was assigned the case in November 2011, Child was living with Mother.
    Notes of Testimony (“N.T.”), 11/21/2013, at 6. A safety plan was in place
    that required Child to attend a medical day care and a feeding program
    without any absences.      
    Id. at 7.
    However, Child had absences from both
    programs. The bus drivers reported that, on various occasions, Mother was
    erratic, had slurred speech, and cursed at the bus drivers.     
    Id. at 8-9.
    Although Mother sometimes took Child to the CHOP feeding clinic, Mother
    and Child missed half of the appointments and Mother missed the parenting
    training provided.   
    Id. at 56.
      Mother had been discharged from her drug
    and alcohol treatment due to non-compliance with the program. 
    Id. at 16.
    Ms. Rosber testified that Mother never completed her FSP goals and
    objectives.   
    Id. at 18.
       Mother did not participate in all of the random
    screens ordered by the court. Often she was difficult to reach for screens
    because her phone number kept changing or messages could not be left on
    her phone. 
    Id. at 34-37.
    Ms. Rosber opined that there was no reasonable
    prospect that Child would be reunited with Mother at that point due to
    Mother’s “non-compliance with the [drug and alcohol] program or inability to
    remain in contact with DHS and comply with the order for the random
    screens.” 
    Id. at 39.
    Ms. Rosber admitted that Mother had attended some
    visits with Child.   
    Id. at 38.
      Between March 2012 and December 2012,
    Mother attended twenty-four of thirty-seven visits, and December 2012
    through May 2013, Mother attended nine of twelve visits. 
    Id. at 86-87.
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    Karen Wells, Mother’s therapist, testified that Mother’s attendance at
    therapy was inconsistent. N.T., 2/19/2014, at 47. Although Mother’s drug
    and alcohol treatment groups were scheduled every weekday, Mother only
    attended one or two per week. 
    Id. at 47-78.
    Mother was discharged in May
    2013 without completing the drug and alcohol component of treatment. 
    Id. at 50.
    Mother was referred to a mental health treatment program that met
    less often.    
    Id. at 52.
      Thus, based upon this record, the trial court had
    sufficient support for its conclusions that Mother had not met her FSP goals,
    and that the conditions that led to placement continued to exist.
    Next, we must review the trial court’s conclusion that termination is in
    Child’s best interest. Both subsections (a)(8) and (b) require an analysis of
    Child’s needs and best interest. However, the trial court must be satisfied
    that termination serves a child’s needs pursuant to (a)(8) before engaging in
    a best interest analysis pursuant to subsection (b). In re C.L.G., 
    956 A.2d 999
    , 1008-09 (Pa. Super. 2008). The trial court concluded that termination
    was in Child’s best interest. T.C.O. at 17. From the record developed, and
    as we have discussed above, we find no abuse of discretion.
    Pursuant to subsection (b), the trial court must also consider whether
    termination would best serve “the developmental, physical and emotional
    needs and welfare of” Child.     “Intangibles such as love, comfort, security,
    and stability are involved in the inquiry into the needs and welfare of the
    child.”   In re C.M.S., 
    884 A.2d 1284
    , 1287 (Pa. Super. 2005) (citation
    omitted).     The trial court also must consider the nature and status of the
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    parent-child bond, particularly the effect upon the child of permanently
    severing that bond. 
    Id. The court
    may prioritize the safety needs of the child.         See In re
    K.Z.S., 
    946 A.2d 753
    , 763 (Pa. Super. 2008) (affirming involuntary
    termination of parental rights, despite existence of some bond, where
    placement with mother would be contrary to child’s best interests).          “[A]
    parent’s basic constitutional right to the custody and rearing of his or her
    child is converted, upon the failure to fulfill his or her parental duties, to the
    child’s right to have proper parenting and fulfillment of [the child’s] potential
    in a permanent, healthy, safe environment.” In re B.,N.M., 
    856 A.2d 847
    ,
    856 (Pa. Super. 2004) (citations omitted).
    In making its decision, the trial court considered the following.       Ms.
    Rosber testified that Child is bonded with her foster family and foster
    siblings. N.T., 11/21/2013, at 41. Anne Schloneker, the foster care agency
    social worker, testified to the same effect. 
    Id. at 80-81,
    85. Child calls her
    foster parents “Mom” and “Dad.” 
    Id. at 41,
    80-81. However, she also calls
    Mother “Mommy.” N.T., 2/19/2014, at 108. At the time of the November
    2013 hearing, Child had been in her foster placement for nineteen months.
    N.T., 11/21/2013, at 41.      Ms. Schloneker testified that the foster family
    meets all of Child’s needs and that Child is healthy. 
    Id. at 81-82.
    Child was
    enrolled in kindergarten and was involved in extracurricular activities in the
    foster family’s community.     
    Id. at 42.
         Ms. Rosber opined that, because
    Child considers herself part of the family, she would be harmed if removed
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    from her foster family.    
    Id. at 44.
       Ms. Schloneker concurred with Ms.
    Rosber’s opinion.   
    Id. at 82-83.
        Leslie Archer, a Child Advocate social
    worker, also testified that she believed that Child would be harmed if she
    were removed from the foster family because she had bonded with her
    foster parents and the foster siblings in the home. 
    Id. at 100-01.
    Ms. Schloneker testified that, although Child’s visits with Mother go
    well, Child usually has no trouble separating from Mother or going back to
    her foster family. 
    Id. at 84.
    Child is excited to return to her foster family
    after visits with Mother. 
    Id. at 85.
    Ms. Archer testified that Child is hesitant
    with Mother during visits and is less comfortable with Mother than with her
    foster family. 
    Id. at 101-02.
    Stephen Miksic, Ph.D., performed a parenting capacity and bonding
    evaluation.   N.T., 2/19/2014, at 58.    Dr. Miskic opined that there was a
    positive, but insecure, bond between Mother and Child. 
    Id. at 64-65.
    Dr.
    Miskic believed that Child had a strong bond with her foster family. 
    Id. at 65-66.
      Dr. Miskic opined that Child would not suffer irreparable harm if
    Mother’s rights were terminated. 
    Id. at 69-70.
    While there was evidence that Mother and Child had a bond, and that
    Child would miss Mother should the visits end, the trial court is free to
    believe all, some, or none of that evidence and to give that evidence the
    weight that the trial court believes that it deserves. See In re 
    M.G., supra
    .
    Based upon the record, there was sufficient evidence to support the trial
    court’s conclusions that termination was in Child’s best interest.
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    Finally, Mother argues that the trial court erred in changing Child’s
    goal from reunification to adoption. Mother contends that the goal must be
    in Child’s best interest and argues that adoption is not in Child’s best
    interest, because Child will be adversely affected by the termination of a
    beneficial relationship between Mother and Child. Mother’s Brief at 26-27.
    At each permanency hearing, the trial court must consider, among
    other things, whether the current placement goal for the child is still
    appropriate. 42 Pa.C.S.A. § 6351(f). In making that determination, the trial
    court must consider the following:
    In a change of goal proceeding, the best interests of the child,
    and not the interests of the parent, must guide the trial court,
    and the parent’s rights are secondary. The burden is on [DHS]
    to prove the change in goal would be in the child’s best interests.
    In re M.T., 
    101 A.3d 1163
    , 1173 (Pa. Super. 2014) (citations omitted).
    [T]he focus of all dependency proceedings, including change of
    goal proceedings, must be on the safety, permanency, and well-
    being of the child.       The best interests of the child take
    precedence over all other considerations, including the conduct
    and the rights of the parent. . . . [W]hile parental progress
    toward completion of a permanency plan is an important factor,
    it is not to be elevated to determinative status, to the exclusion
    of all other factors.
    In re 
    M.T., 101 A.3d at 1175
    (citation omitted; modifications in original).
    Here, as discussed above, although there was evidence of a bond
    between Mother and Child, the evidence also indicated that Child’s primary
    bond was with her foster family.      Thus, there was ample evidence from
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    J-A02024-15
    which the trial court could conclude that adoption was in Child’s best
    interest. We find no abuse of discretion in the goal change.
    Order affirmed.
    Judgment Entered.
    Joseph D. Seletyn, Esq.
    Prothonotary
    Date: 1/30/2015
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