In Re: K.J.G., Appeal of: J.F. ( 2018 )


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  • J-A21025-18
    NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
    IN RE: K.J.G., A MINOR                     :   IN THE SUPERIOR COURT OF
    :        PENNSYLVANIA
    :
    APPEAL OF: J.F. A/K/A J.K.F.,              :
    MOTHER                                     :
    :
    :
    :
    :   No. 1143 EDA 2018
    Appeal from the Decree February 7, 2018
    In the Court of Common Pleas of Bucks County Orphans' Court at No(s):
    2017-9087
    BEFORE: PANELLA, J., OLSON, J., and McLAUGHLIN, J.
    MEMORANDUM BY OLSON, J.:                              FILED OCTOBER 10, 2018
    Appellant, J.F. a/k/a/ J.K.F. (hereinafter “Mother”), appeals from the
    decree entered on February 7, 2018, terminating her parental rights to K.J.G.
    (hereinafter “Child”) pursuant to the Adoption Act, 23 Pa.C.S.A. § 2511(a)(2),
    (a)(5), (a)(8), and (b).1        On appeal, Mother’s counsel filed a petition to
    withdraw as counsel and a brief pursuant to Anders v. California, 
    386 U.S. 738
     (1967) and Commonwealth v. Santiago, 
    978 A.2d 349
     (Pa. 2009).
    Upon review, we grant counsel’s petition to withdraw and affirm the decree
    involuntarily terminating Mother’s parental rights.
    The trial court briefly set forth the facts and procedural history of this
    case as follows:
    ____________________________________________
    1   On February 7, 2018, the trial court also entered a decree voluntarily
    terminating the parental rights of Child’s father. He is not a party to the
    current appeal.
    J-A21025-18
    [Child] was born [i]n May [], 2009. Child came into the care of
    [the Bucks County Children and Youth Social Services Agency
    (hereinafter “the Agency”)] on December 16, 2015 and was
    placed in the care of a maternal aunt and uncle, with whom Child
    had lived from February 2015 through November 2015. In
    November 2015, Child was returned to Mother’s care for
    approximately one (1) month. However, in mid-December 2015,
    Mother experienced a drug overdose, prompting the Agency to
    petition for a shelter care hearing on or about December 16, 2015.
    Child [] remained with her aunt and uncle since that date. On
    March 29, 2016, [the trial court] adjudicated [Child] dependent,
    and on July 7, 2017, [the trial court] ordered that the permanency
    plan goal could be changed from reunification to adoption ninety
    (90) days thereafter. On September 11, 2017, the Agency filed
    the subject petition for the involuntary termination of Mother’s
    parental rights under [the aforementioned subsections of the
    Adoption Act]. On March 6, 2018, Mother filed a timely appeal of
    [the trial court’s] February 7, 2018 [decree involuntarily
    terminating her parental rights].
    Trial Court Opinion, 5/8/2018, at 1-2 (record citations and superfluous
    capitalization omitted).
    We have recently reiterated:
    Before reaching the merits of [an] appeal, we must first address
    the propriety of counsel's petition to withdraw and Anders brief.
    The Anders procedure, whereby court-appointed counsel may
    seek to withdraw if he or she concludes that an appeal is wholly
    frivolous, initially applied to direct appeals in criminal matters. In
    In re V.E., 
    611 A.2d 1267
     (Pa. Super. 1992), this Court extended
    the Anders procedure to appeals from decrees involuntarily
    terminating parental rights.
    In re J.D.H., 
    171 A.3d 903
    , 905 (Pa. Super. 2017).
    To withdraw pursuant to Anders, counsel must:
    1) petition the court for leave to withdraw stating that, after
    making a conscientious examination of the record, counsel has
    determined that the appeal would be frivolous; 2) furnish a copy
    of the [Anders] brief to the [appellant]; and 3) advise the
    [appellant] that he or she has the right to retain private counsel
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    or raise additional arguments that the [appellant] deems worthy
    of the court's attention.[2]
    Id. at 907.
    Additionally, an      Anders      brief    must    comply       with the    following
    requirements:
    (1)    provide a summary of the procedural history and facts, with
    citations to the record;
    (2)    refer to anything in the record that counsel believes
    arguably supports the appeal;
    (3)    set forth counsel's conclusion that the appeal is frivolous;
    and
    (4)    state counsel's reasons for concluding that the appeal is
    frivolous. Counsel should articulate the relevant facts of
    record, controlling case law, and/or statutes on point that
    have led to the conclusion that the appeal is frivolous.
    Id., citing Santiago, 978 A.2d at 361.
    Upon    review,    counsel    has       complied   with   all    of   the   foregoing
    requirements pursuant to Anders and Santiago. Thus, we proceed to review
    the issues set forth in counsel’s Anders brief and then we conduct an
    independent review of the record to discern if there are any additional,
    non-frivolous issues overlooked by counsel. Id. at 908.
    In her Anders brief, counsel for Mother raises the following issues:
    1. Did the [t]rial [c]ourt commit an error of law and abuse of
    discretion by permitting Child’s [legal interest] counsel to state
    Child’s [preference] without interviewing [] Child on the
    record?
    ____________________________________________
    2 Mother has not responded to counsel’s petition to withdraw or Anders
    brief.
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    2. Did the [t]rial [c]ourt commit an error of law and abuse of
    discretion by involuntarily terminating [Mother’s] parental
    rights under 23 Pa.C.S.A. § 2511(a)(2), (5), and (8)?
    3. Did the [t]rial [c]ourt commit an error of law and abuse of
    discretion by involuntarily terminating [Mother’s] parental
    rights under 23 Pa.C.S.A. § 2511(b)?
    Anders Brief at 2-3.3
    We examine the issues pursuant to our well-settled standard of review:
    The standard of review in termination of parental rights cases
    requires appellate courts to accept the findings of fact and
    credibility determinations of the trial court if they are supported
    by the record. If the factual findings are supported, appellate
    courts review to determine if the trial court made an error of law
    or abused its discretion. A decision may be reversed for an abuse
    of   discretion    only    upon    demonstration      of    manifest
    unreasonableness, partiality, prejudice, bias, or ill-will. The trial
    court's decision, however, should not be reversed merely because
    the record would support a different result. We have previously
    emphasized our deference to trial courts that often have first-hand
    observations of the parties spanning multiple hearings.
    In re T.S.M., 
    71 A.3d 251
    , 267 (Pa. 2013) (citations and quotations omitted).
    First, Mother contends that “Child’s client-directed [legal] counsel’s
    statements [regarding] the Child’s position [as to her preferred outcome in
    the proceedings] was inadmissible hearsay and the trial judge should have
    spoken to [] Child to determine [her preference regarding] terminating the
    parental rights of Mother.” Anders Brief at 25.
    The trial court determined:
    It is undeniable that the [Pennsylvania Supreme Court’s decision
    in In re Adoption of L.B.M., 
    161 A.3d 172
    , 180 (Pa. 2017)]
    ____________________________________________
    3   We have reordered the issues for ease of discussion.
    -4-
    J-A21025-18
    mandated the utilization of client-directed legal counsel in
    termination matters where there is an actual or potential conflict
    between the goals and preferences of the child as opposed to
    those of the child’s best interest counsel. No concrete guidance
    was provided as to the means of presenting the child-client’s
    wishes in [c]ourt. In In re B.L.L., 787 A.2d [1007 (Pa. Super.
    2001)], which was decided prior to L.B.M., the Pennsylvania
    Superior Court, in analyzing between custody decisions and
    involuntary termination decisions, instructed that in involuntary
    termination proceedings, the testimony of the child is not a
    requisite part of the inquiry, which focuses on the parenting
    capacity of the parent. No statute or case law exists which
    requires or permits the child’s testimony to be an element of that
    review. See also In re Child M, 
    681 A.2d 793
    , 798 (Pa. Super.
    1996) (“Appellant has not cited any judicial decision, statute, or
    constitutional provision which would entitle a natural parent to
    force an abused child to testify in an involuntary termination
    proceeding. We decline to create any such requirement.).
    *            *            *
    Counsel represented that Child in this case, who [was] almost nine
    (9) years old, is “bright” and “mature beyond her years” and that
    she understood the nature of the subject proceedings as well as
    the ramifications of the potential [c]ourt decision that termination
    of Mother’s parental rights was appropriate[.] Counsel stated that
    [Child] clearly and unequivocally expressed her desired outcome
    [that Mother’s rights be terminated and her desire not to testify
    because it would upset Mother].
    *            *            *
    If [the trial court were] to require Child to testify in [c]ourt or even
    in chambers in these highly charged circumstances, it would likely
    cause additional distress and long-lasting, if not permanent,
    emotional trauma.
    Trial Court Opinion, 5/8/2018, at 14-16.
    Children have a statutory right to counsel in contested involuntary
    termination proceedings:
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    The court shall appoint counsel to represent the child in an
    involuntary termination proceeding when the proceeding is being
    contested by one or both parents. The court may appoint counsel
    or a guardian ad litem to represent any child who has not reached
    the age of 18 years and is subject to any other proceeding under
    this part whenever it is in the best interests of the child. No
    attorney or law firm shall represent both the child and the
    adopting parent or parents.
    23 Pa.C.S.A. § 2313(a).
    This Court has recognized:
    Our Supreme Court held in [] L.B.M. [] that the orphans' court
    must appoint counsel who is directed by the child to represent
    the legal interests of a child involved in a contested involuntary
    termination proceeding pursuant to this subsection. As our
    Supreme Court held, a child's legal interests are synonymous with
    the child's preferred outcome, while a child's best interests must
    be determined by the court. L.B.M., 161 A.3d at 174.
    In re Adoption of D.M.C., 
    2018 WL 3341686
    , at *2 (Pa. Super. 2018)
    (emphasis added).   “‘Legal 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.”   L.B.M., 
    161 A.3d 172
    , 175 n.2, citing
    Pa.R.J.C.P. 1154 comment (emphasis added).
    In subsequent decisions since L.B.M., this Court has held that we must
    raise a child’s right to client-directed legal counsel sua sponte. See In re
    K.J.H., 
    180 A.3d 411
     (Pa. Super. 2018) (holding that this Court must raise
    sua sponte child's right to counsel); In re Adoption of T.M.L.M., 
    184 A.3d 585
    , 590–591 (Pa. Super. 2018) (same); In re Adoption of D.M.C., 
    2018 WL 3341686
    , at *5 (Pa. Super. 2018) (same).         In In re Adoption of
    T.M.L.M., 
    184 A.3d 585
    , 590–591 (Pa. Super. 2018), we remanded the
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    matter to the trial court because counsel failed to interview the child and the
    child’s preference was unclear. This Court observed:
    We recognize that attorneys may encounter unique challenges
    when representing children that are different from the challenges
    they may encounter when representing adults, particularly when
    the representation concerns such sensitive subject matter.
    Nevertheless, counsel representing children must represent their
    clients with zeal and professionalism. Children have no say in
    appointment of counsel and deserve to have the benefit of
    effective representation, particularly when a matter as important
    as their future relationship with a biological parent is at stake. Not
    only do children not have a say in the appointment of counsel, due
    to their minority, most children are not in a position to assess
    whether counsel has represented their interests effectively.
    *            *            *
    Like adult clients, effective representation of a child requires, at a
    bare minimum, attempting to ascertain the client's position
    and advocating in a manner designed to effectuate that
    position. It may be that [the child’s] preferred outcome [] is
    synonymous with his best interests. It may be that [the child]
    wants no contact with [the parent]. [The c]hild may be unable to
    articulate a clear position or have mixed feelings about the matter.
    Furthermore, termination of [a parent’s] rights may still be
    appropriate even if [the child] prefers a different outcome.
    However, pursuant to the Supreme Court's opinion in Sections I
    and II–A of L.B.M., it is clear that where a court appoints an
    attorney ostensibly as counsel, but the attorney never attempts
    to ascertain the client's position directly and advocates solely for
    the child's best interests, the child has been deprived
    impermissibly of his statutory right to counsel serving his legal
    interests
    In re Adoption of T.M.L.M., 184 A.3d at 590 (internal citation and quotations
    omitted) (emphasis added).
    Accordingly, when there is no indication of a child’s preference on the
    record, we have consistently remanded cases to the trial court for legal
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    counsel to interview the child directly to determine a preferred outcome, follow
    the child’s direction to the extent possible, and advocate in a manner that
    comports with the child’s legal interests. Id. at 591; see also In re Adoption
    of D.M.C., 
    2018 WL 3341686
    , at *6; see also In re Adoption of M.D.Q.,
    
    2018 WL 3322744
    , at *5 (Pa. Super. 2018). After consultation with the child,
    we have directed that the child’s “legal-interests counsel shall notify the
    orphans' court whether the result of the prior [termination] proceedings was
    consistent with [the child’s] legal interests or whether counsel believes a new
    hearing is necessary to provide counsel an opportunity to advocate on [the
    child’s] behalf.” T.M.L.M., 184 A.3d at 591 (emphasis added).
    Furthermore, our Supreme Court has recently held that “where a child's
    legal and best interests do not diverge in a termination proceeding, an
    attorney-[guardian ad litem] representing the child's best interests can also
    fulfill the role of the attorney appointed per Section 2313(a) to represent the
    child's legal interests.” In re T.S., 
    2018 WL 4001825
    , at *6 (Pa. 2018). A
    guardian ad litem has a duty to: “[a]dvise the court of the child's wishes to
    the extent that they can be ascertained and present to the court whatever
    evidence exists to support the child's wishes. When appropriate because of
    the age or mental and emotional condition of the child, determine to the fullest
    extent possible the wishes of the child and communicate this information to
    the court.” Pa.R.J.C.P. 1154(9); 42 Pa.C.S.A. 6311(b)(9). If a guardian ad
    litem who is also acting in dual capacity as legal interest counsel on behalf of
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    a child has a duty to report a child’s wishes directly to the court, separately
    appointed legal interest counsel should have the same duty.
    Moreover, as the trial court noted, “[t]he focus of involuntary
    termination proceedings is on the conduct of the parent.” In re B.L.L., 787
    A.2d at 1013.     “In contrast to those which exist in custody or adoption
    proceedings, there is no statutory requirement nor is there any Pennsylvania
    appellate decision which permits or requires the testimony or preference by
    the child to be placed on the record as an integral part of a termination
    proceeding.” Id. at 1014; see also In re Child M., 
    681 A.2d at 798
     (there
    is no law which “would entitle a natural parent to force an abused child to
    testify in an involuntary termination proceeding”).
    Upon review, we agree with the trial court’s assessment that Child’s
    testimony was unwarranted and that legal counsel’s advocacy on Child’s
    behalf did not constitute hearsay. As the law above establishes, legal interests
    counsel has a duty to ascertain the child’s preference regarding the
    termination of parental rights and to express the child’s wishes to the court.
    Legal counsel is an advocate for the child. He or she is required to report his
    or her findings to the trial court for its assessment. The child, however, drives
    legal counsel to advocate his or her preferred position directly to the trial
    court. As our recent decisions to remand cases for confirmation of a child’s
    preference indicate, there is no requirement that the child testify and, instead,
    we have directed legal counsel to report his or her findings regarding
    preference directly to the trial court.     Here, legal counsel met with Child,
    -9-
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    explained the effect of termination of Mother’s rights to her, and then reported
    that Child was bright and understood the nature of the proceedings at the
    termination proceeding. N.T., 1/29/2018, at 131-134. Child preferred living
    with her aunt and uncle because, inter alia, she was afraid she would be
    responsible should Mother overdose again, and “she was clear that it was her
    preferred outcome that [Mother’s] parental rights be terminated with respect
    to her.” Id. at 133. Child also stated that she did not wish to testify because
    she did not want to upset Mother. Id. at 132. Here, legal counsel consulted
    with Child regarding her preferred outcome in the termination proceeding and
    reported his findings directly to the trial court as required.4 Accordingly, we
    discern no error of law or abuse of discretion when the trial court permitted
    legal counsel to express Child’s preferred outcome in the proceedings directly
    to the trial court.
    In the second Anders issue we address on appeal, Mother posits that
    the Agency failed to introduce clear and convincing evidence to support
    termination of her rights under 23 Pa.C.S.A § 2511(a)(2), (a)(5), and (a)(8).
    Anders Brief at 15-20.
    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.
    ____________________________________________
    4 Legal counsel for Child has also filed an appellate brief with this Court
    reiterating Child’s preferred outcome and arguing that his advocacy did not
    constitute hearsay.
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    The party seeking the termination of parental rights bears the
    burden of proving that grounds for termination exist by clear and
    convincing evidence. 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
    hesitation, of the truth of the precise facts in issue. Although this
    Court has stated that the standard of review for an appellate court
    in these matters is limited to the determination of whether the
    trial court's decree is supported by competent evidence, we have
    also explained that the factual findings of the trial court should not
    be sustained where the court abused its discretion or committed
    an error of law. Thus, absent an abuse of discretion or error of
    law, where the trial court's factual findings are supported by
    competent evidence, an appellate court must affirm the trial court
    even though the record could support the opposite result.
    The Adoption Act provides the following with respect to the
    termination of parental rights:
    (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.
    *      *     *
    (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
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    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. § 2511(a).
    Parental rights may be involuntarily terminated where any one
    subsection of Section 2511(a) is satisfied, along with
    consideration of the subsection 2511(b) provisions.
    *     *      *
    Parents are required to make diligent efforts towards the
    reasonably prompt assumption of full parental responsibilities. A
    parent has a duty to work towards reunification by cooperating
    with the rehabilitative services necessary for him or her to be able
    to perform parental duties and responsibilities. Significantly, a
    parent must exercise reasonable firmness in resisting obstacles
    placed in the path of maintaining the parent-child relationship:
    Parental duty requires that the parent act affirmatively with good
    faith interest and effort, and not yield to every problem, in order
    to maintain the parent-child relationship to the best of his or her
    ability, even in difficult circumstances. A parent must utilize all
    available resources to preserve the parental relationship, and
    must exercise reasonable firmness in resisting obstacles placed in
    the path of maintaining the parent-child relationship.
    Most importantly, 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 her physical and
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    emotional needs. Thus, 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 his or her potential in a
    permanent, healthy, safe environment.
    Matter of Adoption of M.A.B., 
    166 A.3d 434
    , 442–443 (Pa. Super. 2017)
    (internal citations, quotations, brackets, and ellipsis omitted).
    Here, the trial court examined this case pursuant to all three subsections
    of 2511(a) as presented in the Agency’s petition. “[W]e need only agree with
    its decision as to any one subsection in order to affirm the termination of
    parental rights.” In re B.L.W., 
    843 A.2d 380
    , 384 (Pa. Super. 2004) (internal
    citation omitted). We will focus our review pursuant to Section 2511(a)(2),
    wherein three prerequisites must be met:
    (1) repeated and continued incapacity, abuse, neglect or refusal
    must be shown; (2) such incapacity, abuse, neglect or refusal
    must be shown to have caused the child to be without essential
    parental care, control or subsistence; and (3) it must be shown
    that the causes of the incapacity, abuse, neglect or refusal cannot
    or will not be remedied.
    In re N.A.M., 
    33 A.3d 95
    , 100 (Pa. Super. 2011) (internal citation omitted).
    At the termination proceeding, the Agency presented the testimony of
    the social worker assigned to the case. She testified that Child came into the
    Agency’s care on December 16, 2015, because Mother lacked stable housing
    and there were concerns regarding Mother’s mental health and drug and
    alcohol use. N.T., 1/29/2018, at 9-12. The social worker testified that one of
    the reasons Child came into the care of the Agency was because Mother had
    taken pills and Child was unable to wake her up. Id. at 67. In the two years
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    Child was under the Agency’s care, Mother resided at approximately thirty
    different locations. Id. at 12-20. Mother rejected residential drug and alcohol
    treatment. Id. at 17. Mother started sporadically receiving mental health
    counseling in June 2017, but was discharged for non-compliance in December
    2017. Id. at 25-28. During scheduled visitation with Child, the Agency called
    the police on two separate occasions because Mother verbally assaulted the
    visitation worker and raised her fists in anger. Id. at 60. Between February
    2017 and June 2017, Child refused visitation with Mother.          Id. at 29.
    Thereafter, the Agency hired therapists to assist in reestablishing visitation.
    Id. at 32-35.
    Upon review, we discern no abuse of discretion or error of law by
    involuntarily terminating Mother’s parental rights under Section 2511(a)(2).
    Child came into the Agency’s care because of Mother’s lack of stable housing,
    untreated mental health issues, and her drug and alcohol abuse. Over the
    course of roughly two years, Mother consistently changed residences
    (approximately 30 times) and still lacked stable housing. During that time,
    Mother failed to complete her mental health program and refused substance
    abuse treatment. As a result, Child has been without essential parental care
    and Mother has not provided a remedy. Accordingly, termination was proper
    under Section 2511(a)(2).
    In the third Anders issue we address on appeal, Appellant contends:
    Another arguable issue on appeal is [the Agency’s] failure to
    prove, as required by 23 Pa.C.S.A. § 2511(b), that termination of
    parental rights would best serve the needs and welfare of [C]hild.
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    Specifically, Mother may seek to bring a claim that there was
    inadequate evidence of record to address the impact on [] Child
    of the severance of any bond that she shared with [C]hild.
    Anders Brief at 20.
    After the trial court determines termination is proper under Section
    2511(a), the trial court must 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(b).
    This Court has stated:
    Intangibles such as love, comfort, security, and stability are
    involved in the inquiry into needs and welfare of the child. In
    addition, we [have] instructed that the orphans' court must also
    discern the nature and status of the parent-child bond, with
    utmost attention to the effect on the child of permanently severing
    that bond. However, the extent of the bond-effect analysis
    necessarily depends on the circumstances of the particular case.
    While a parent's emotional bond with his or her child is a major
    aspect of the subsection 2511(b) best-interest analysis, it is
    nonetheless only one of many factors to be considered by the
    court when determining what is in the best interest of the child.
    The mere existence of an emotional bond does not preclude the
    termination of parental rights. Rather, the orphans' court must
    examine the status of the bond to determine whether its
    termination would destroy an existing, necessary and beneficial
    relationship.
    In addition to a bond examination, the trial court can equally
    emphasize the safety needs of the child, and should also consider
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    the intangibles, such as the love, comfort, security, and stability
    the child might have with the foster parent. Additionally, this Court
    stated that the trial court should consider the importance of
    continuity of relationships and whether any existing parent-child
    bond can be severed without detrimental effects on the child.
    In re N.A.M., 
    33 A.3d at 103
     (internal citations, quotations, and original
    brackets omitted).
    On this issue, the trial court found:
    [T]he record is devoid of evidence of a necessary and beneficial
    relationship between Mother and [Child], the existence of which,
    should Mother’s rights be terminated, would result in a negative
    effect on Child.
    Trial Court Opinion, 5/8/2018, at 11. The trial court also concluded that the
    Agency presented “uncontroverted evidence of a strong bond between [the]
    foster family and Child.” 
    Id.
     at 10
    We agree. Upon review of the certified record, the Agency presented
    clear and convincing evidence of a strong bond between Child and her foster
    parents. The social worker for the Agency testified that Child is comfortable
    and affectionate towards her foster parents and that the foster parents
    expressed their desire to adopt her. N.T., 1/29/2018, at 39-41. Child has her
    own room at her current residence, made friends at school and in the
    neighborhood, and is an excellent student. Id. at 40-41. The foster parents
    have helped Child receive necessary mental health treatment.          Id. at 40.
    Child has consistently told the Agency social worker that she wants to stay
    with her foster parents and ultimately wants them to adopt her. Id. at 67.
    Child also told legal-interest counsel that she wanted her foster parents to
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    J-A21025-18
    continue to make decisions about her schooling, medical care, and religious
    affiliations. Id. at 131-132. Finally, as detailed above, there was evidence
    that Mother was disruptive during visitation and that Child was reluctant to
    continue contact. Child ultimately told legal-interest counsel that she loved
    Mother and understood it would upset her, but Child preferred termination of
    Mother’s rights so that Child could be adopted by her foster parents. Id. at
    132.   Based upon all of the foregoing, there was no evidence Mother and
    Child’s bond was necessary or beneficial or that severing that bond was
    detrimental to Child. The record supports the trial court’s Section 2511(b)
    analysis.
    Finally, we have conducted an independent review of the entire record
    as required by Anders and have not discerned any other potentially
    non-frivolous issues. See In re J.D.H., 171 A.3d at 908.
    Decree affirmed. Petition to withdraw granted.
    Judgment Entered.
    Joseph D. Seletyn, Esq.
    Prothonotary
    Date: 10/10/18
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