In the Int. of: J.C.B., Appeal of: C.B ( 2020 )


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  • J-A28026-19
    NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
    IN THE INTEREST OF: J.C.B., A       :     IN THE SUPERIOR COURT
    MINOR                               :        OF PENNSYLVANIA
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    APPEAL OF: C.B., MOTHER             :   No. 1827 EDA 2019
    Appeal from the Decree Entered May 29, 2019
    In the Court of Common Pleas of Philadelphia County
    Juvenile Division at No: CP-51-AP-0000345-2019
    IN THE INTEREST OF: Z.B.B., A       :     IN THE SUPERIOR COURT
    MINOR                               :        OF PENNSYLVANIA
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    APPEAL OF: C.B., MOTHER             :   No. 1835 EDA 2019
    Appeal from the Decree Entered May 29, 2019
    In the Court of Common Pleas of Philadelphia County
    Juvenile Division at No: CP-51-AP-0000346-2019
    IN THE INTEREST OF: M.C.B., A       :   IN THE SUPERIOR COURT OF
    MINOR                               :        PENNSYLVANIA
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    APPEAL OF: C.B., MOTHER             :   No. 1838 EDA 2019
    Appeal from the Decree Entered May 29, 2019
    In the Court of Common Pleas of Philadelphia County
    Juvenile Division at No: CP-51-AP-0000344-2019
    J-A28026-19
    IN THE INTEREST OF: M.B., A           :    IN THE SUPERIOR COURT
    MINOR                                 :       OF PENNSYLVANIA
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    APPEAL OF: C.B., MOTHER               :   No. 2327 EDA 2019
    Appeal from the Order Entered August 13, 2019
    In the Court of Common Pleas of Philadelphia County
    Juvenile Division at No: CP-51-DP-0002502-2017
    IN THE INTEREST OF: Z.B., A           :    IN THE SUPERIOR COURT
    MINOR                                 :       OF PENNSYLVANIA
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    APPEAL OF: C.B., MOTHER               :   No. 2328 EDA 2019
    Appeal from the Order Entered August 13, 2019
    In the Court of Common Pleas of Philadelphia County Juvenile Division at
    No(s): CP-51-DP-0002501-2017
    IN THE INTEREST OF: J.B., A MINOR     :   IN THE SUPERIOR COURT
    :        OF PENNSYLVANIA
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    APPEAL OF: C.B., MOTHER               :   No. 2329 EDA 2019
    Appeal from the Order Entered August 13, 2019
    In the Court of Common Pleas of Philadelphia County
    Juvenile Division at No: CP-51-DP-0002500-2017
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    J-A28026-19
    BEFORE:      PANELLA, P.J., STABILE, J., and STEVENS, P.J.E.*
    MEMORANDUM BY STABILE, J.:                             FILED APRIL 28, 2020
    C.B. (“Mother”) appeals from the decrees entered May 29, 2019, in the
    Court of Common Pleas of Philadelphia County, which terminated involuntarily
    her parental rights to her daughters, J.C.B., born in February 2011, Z.B.B.,
    born in April 2013, and M.C.B., born in November 2014. Mother also appeals
    from the orders entered August 13, 2019, changing the Children’s permanent
    placement goal to adoption.1 After review, we affirm.
    Mother and the Children have a lengthy history of involvement with the
    child welfare system, dating back to 2012 in Delaware County. N.T., 5/29/19,
    at 58. According to a report prepared by the trauma therapists for Z.B.B. and
    M.C.B., Mother became homeless in May 2012 after the shelter where she had
    been residing evicted her due to noncompliance with the shelter’s rules. DHS
    Exhibit 5 at 2. J.C.B. entered foster care in August 2012 and remained there
    until December 2013, while Z.B.B. entered foster care shortly after her birth
    in April 2013 and remained there until May 2013. Id. Both J.C.B. and Z.B.B.
    entered foster care for a second time in July 2014, due to Mother’s ongoing
    ____________________________________________
    *   Former Justice specially assigned to the Superior Court.
    1 The father of Z.B.B. and M.C.B. is D.B. (“Father”). The father of J.C.B. is
    unknown, although the record indicates that Father has claimed to be her
    father as well. The trial court continued the matter as to Father after it
    terminated Mother’s parental rights. It announced that it would terminate
    Father’s parental rights, as well as the parental rights of any unknown father
    that J.C.B. may have, at the conclusion of the hearing on August 13, 2019.
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    lack of stable housing and her need to address her mental health issues. Id.
    Finally, M.C.B. entered foster care in July 2015, approximately eight months
    after her birth. Id. The Children remained in foster care through March 2016,
    when Mother moved to the state of Washington. N.T., 5/29/19, at 59, 147.
    A Delaware County trial court placed the Children with Father later that year.
    Id. at 58-59. Significantly, Mother had no in-person contact with the Children
    after her move to Washington. Id. at 130. She claimed that she maintained
    phone contact with the Children while they were residing with Father but that
    she ended this contact in 2017 because Father was “disrespecting” her. Id.
    at 130-31.
    The Children remained in Father’s care until he was incarcerated in June
    2017. Id. at 57-58. Father entrusted the Children to his girlfriend, who cared
    for the Children for approximately three months before dropping them off at
    the Philadelphia Department of Human Services (“DHS”) in September 2017.
    Id. at 37-39, 62; see also Order of Adjudication and Disposition (J.C.B.),
    9/27/17, at 2. DHS obtained protective custody of the Children on September
    15, 2017. The trial court entered a shelter care order on September 18, 2017,
    and adjudicated the Children dependent on September 27, 2017.
    At the time of the adjudication of dependency, Mother’s whereabouts
    were unknown. N.T., 5/29/19, at 38. Mother finally made contact with DHS
    in April 2018, after DHS sent a letter to her brother in Washington. Id. at 40,
    135, 145. Mother exercised sporadic phone contact with the Children starting
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    in December 2018. Id. at 83. However, the trial court suspended Mother’s
    phone contact in February 2019, because of the negative impact that the calls
    were having on Z.B.B.2 Id. at 44-45, 104-07.
    DHS filed petitions to terminate Mother’s parental rights to the Children
    involuntarily, and to change the permanent placement goals of Z.B.B. and
    M.C.B. to adoption, on May 7, 2019. The trial court conducted a hearing on
    May 29, 2019, at the conclusion of which it announced that it would terminate
    Mother’s parental rights. The court entered decrees memorializing its decision
    that same day, as well as a series of permanency review orders. Mother timely
    filed notices of appeal from both the decrees and orders, along with concise
    statements of errors complained of on appeal, on June 24, 2019.3
    Meanwhile, DHS filed a petition to change J.C.B.’s permanent placement
    goal to adoption on June 17, 2019. The trial court conducted a hearing with
    respect to all three of the Children on August 13, 2019, after which it entered
    orders changing the Children’s goals. Mother timely filed additional notices of
    appeal from the goal change orders on August 15, 2019, along with concise
    statements of errors complained of on appeal.
    ____________________________________________
    2 Mother appealed the trial court’s orders suspending her phone contact and
    this Court affirmed based on mootness on August 28, 2019. In the Interest
    of J.B., 
    221 A.3d 322
     (Pa. Super. 2019) (unpublished memorandum).
    3 Mother purported to appeal the May 29, 2019 permanency review orders on
    the basis that they changed the Children’s permanent placement goals to
    adoption. Upon review, however, the orders did not change the Children’s
    goals. Mother ultimately discontinued her appeals.
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    Mother raises the following claims for our review in her appellate brief
    filed at 1827, 1835, and 1838 EDA 2019:
    1. Whether the [t]rial [c]ourt committed an error of law and abuse
    of discretion by terminating the parental rights of Appellant,
    Mother, under 23 Pa.C.S.A. § 2511 subsections (a)(1), (a)(2), and
    (a)(8)?
    2. Whether the [t]rial [c]ourt committed an error of law and abuse
    of discretion in finding, under 23 Pa.C.S.A. § 2511(b), that
    termination of [Mother’s] parental rights best serves the
    Child[ren]’s developmental, physical, and emotional needs and
    welfare?
    Mother’s Brief at 4 (trial court answers omitted).4, 5
    We address Mother’s challenge to the decrees terminating her parental
    rights involuntarily mindful of the following 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
    ____________________________________________
    4Mother filed separate briefs for each of the Children. However, because the
    substance of the briefs appears identical, we refer simply to Mother’s “Brief.”
    5  In addition, Mother filed a supplemental brief in support of her appeals at
    2327, 2328, and 2329 EDA 2019, in which she challenges the trial court’s goal
    change orders. Even accepting that Mother possesses standing to appeal the
    August 13, 2019 goal change orders, despite the termination of her parental
    rights on May 29, 2019, any challenge to those orders would be moot in light
    of our decision to affirm the termination decrees. See In the Interest of
    D.R.-W., 
    2020 Pa. Super. LEXIS 54
     at *23 (Pa. Super. filed Jan. 29, 2020)
    (“[E]ven if Father had not waived his goal change claim, it would be moot in
    light of our decision to affirm the court’s termination decrees.”). Accordingly,
    we affirm the goal change orders.
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    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 quotation marks
    omitted).
    Section 2511 of the Adoption Act governs involuntary termination of
    parental rights. See 23 Pa.C.S.A. § 2511. It requires a bifurcated analysis:
    . . . . Initially, the focus is on the conduct of the parent. The party
    seeking termination must prove by clear and convincing evidence
    that the parent’s conduct satisfies the statutory grounds for
    termination delineated in Section 2511(a). Only if the court
    determines that the parent’s conduct warrants termination of his
    or her parental rights does the court engage in the second part of
    the analysis pursuant to Section 2511(b): determination of the
    needs and welfare of the child under the standard of best interests
    of the child. One major aspect of the needs and welfare analysis
    concerns the nature and status of the emotional bond between
    parent and child, with close attention paid to the effect on the child
    of permanently severing any such bond.
    In re L.M., 
    923 A.2d 505
    , 511 (Pa. Super. 2007) (citations omitted).
    In the instant matter, the trial court terminated Mother’s parental rights
    pursuant to Section 2511(a)(1), (2), (8), and (b). We need only agree with
    the court as to any one subsection of Section 2511(a), in addition to Section
    2511(b), to affirm. In re B.L.W., 
    843 A.2d 380
    , 384 (Pa. Super. 2004) (en
    banc), appeal denied, 
    863 A.2d 1141
     (Pa. 2004). Here, we analyze the court’s
    decision to terminate pursuant to Section 2511(a)(2) and (b), which provides
    as follows:
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    (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.
    ***
    (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(a)(2), (b).
    We begin by considering whether the trial court committed an abuse of
    discretion by terminating Mother’s parental rights to the Children pursuant to
    Section 2511(a)(2):
    . . . . In order to terminate parental rights pursuant to 23 Pa.C.S.A.
    § 2511(a)(2), the following three elements must be met: (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
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    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) (citation
    omitted). “The grounds for termination 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) (citations
    omitted).
    In her brief on appeal, Mother contends that DHS failed to present clear
    and convincing evidence in support of its termination petitions. Mother asserts
    that she is engaged in mental health treatment, has housing and income, and
    is caring for two other, younger children successfully. Mother’s Brief at 12-
    13, 17-19. She also asserts that she has been available to DHS and willing to
    participate in any necessary services to regain custody of the Children. Id. at
    13, 19. Finally, Mother maintains that DHS failed to make reasonable efforts
    to reunify her with the Children. Id. at 16, 19. She complains that DHS did
    not provide her with financial assistance so that she could visit the Children in
    Philadelphia and did not offer her phone contact until December 2018. Id. at
    16-18.
    In its opinion, the trial court summarizes the testimony presented during
    the termination hearing on May 29, 2019, before concluding that DHS proved
    its case by clear and convincing evidence. Trial Court Opinion, 8/28/19, at
    26-32. The court also directs our attention to its statements on the record at
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    the conclusion of the hearing. Id. at 33-35. The court stated as follows, in
    relevant part:
    . . . . [Mother] has a residence which she’s not sure if she’s going
    to be living at in the future. She has an income which is not
    secure. But more importantly, she has a gap of contact with these
    children, which has established an estrangement, to the fact that
    one child doesn’t even know who she is. That’s the youngest child,
    [M.C.B.] And the other two children probably have a very vague
    recollection of who mother is. So, summing up, taking all the
    evidence into consideration, I believe that the evidence is clear,
    convincing, and not credibly refuted, that the sections of the
    [Adoption] Act . . . have been satisfied. This is a case of
    abandonment and failure to rectify and remedy any of the issues
    that brought these children into care.
    Id. at 35 (quoting N.T., 5/29/19, at 154-55).
    Our review of the evidence supports the trial court’s determination. As
    explained above, Mother has a lengthy history of involvement with the child
    welfare system, dating back to 2012 in Delaware County. N.T., 5/29/19, at
    58. Mother testified that she left Philadelphia and moved to Washington in
    March 2016, while the Children remained in foster care. Id. at 141, 147. She
    claimed that she called the Children on the phone after they began residing
    with Father, but that she stopped calling in either the beginning of 2017 or
    September 2017, because Father “got to the point of disrespecting me and
    telling my kids I didn’t care about them, calling me names in front of them,
    and I felt like they shouldn’t be hearing that.” Id. at 130-31, 142. Notably,
    on cross-examination, Mother admitted that she did not believe she would
    ever have contact with the Children again. Id. at 142-43. She testified as
    follows:
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    [Counsel for DHS]: So, from January of 2017 until 2018,
    when you found out they were in DHS custody, where did you
    think they were?
    [Mother]: I thought they was [sic] with their dad, because
    the last time we talked, he said he was moving them to South
    Carolina.
    [Counsel for DHS]: And you just never contacted him again?
    [Mother]: I tried, but he wouldn’t pick up.
    [Counsel for DHS] And that was it? That was the last time
    you heard from them, he moved with your daughters to South
    Carolina, and that was the last time you were going to have
    contact with your kids?
    [Mother]: Yes.
    ***
    [Guardian ad litem (“GAL”)]: Now, you only learned that
    they were in DHS care in April of 2018 because your brother
    received a letter; is that correct?
    [Mother]: Yes.
    [GAL]: So, you didn’t find out where they were as a result
    of any efforts you made to find out where they were; is that fair
    to say?
    [Mother]: Yes.
    [GAL]: Okay. So, if you hadn’t received that letter, you still
    wouldn’t know where your children are; is that fair to say?
    [Mother]: Yes.
    Id. at 142-45.
    In summation, the record reveals that Mother abandoned the Children
    to move across the country and that she made little if any effort to contact
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    them afterward. Moreover, Mother would not have contacted the Children at
    all if not for the fact that they entered foster care for a second time and DHS
    reached out to her. She has displayed a startling lack of interest and concern
    in the Children’s welfare, which strongly supports the court’s determination
    that she is incapable of providing them with proper parental care.
    While Mother testified regarding her alleged viability as a reunification
    resource during the hearing, emphasizing that she was receiving therapy, and
    that she obtained income as well as housing, her minimal efforts in this regard
    after years of noninvolvement in the Children’s lives were simply too little, too
    late. See id. at 132, 139, 146, 149. In addition, the record belies Mother’s
    claim that she possesses appropriate housing. The record reveals that Mother
    shares a two-bedroom apartment in Washington with her boyfriend and their
    two children. Id. at 15-16, 49. This apartment would clearly be inadequate
    to house the three additional children at issue here. Further, Mother’s case
    manager in Washington,6 Marissa Hutchings, testified that Mother planned to
    leave her current apartment due to her poor relationship with her boyfriend.
    Id. at 15-18. It was not clear when Mother would be leaving, where she would
    go, and whether her new housing would be appropriate for the purposes of
    reunification with the Children.
    ____________________________________________
    6 There is no indication in the record that Mother is involved with the child
    welfare system in Washington. Ms. Hutchings testified that her organization
    assists Mother with her mental health needs. N.T., 5/29/19, at 9-12.
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    As a final matter, we reject Mother’s insistence that DHS did not provide
    her with reasonable reunification services and that the fact that she is caring
    for her two younger children successfully demonstrates that she can also care
    for the Children. Our Supreme Court has held that reasonable reunification
    services are not a prerequisite to the involuntary termination of parental rights
    pursuant to Section 2511(a)(2). See In re D.C.D., 
    105 A.3d 662
     (Pa. 2014).
    Likewise, this Court has explained that a parent’s ability to care for one child
    is irrelevant in the termination proceedings regarding a different child. See
    A.L.D., 797 A.2d at 341 (explaining that the evidence of “Mother’s ability to
    care for her daughter. . . . was irrelevant in the proceedings related to the
    termination of Mother’s parental rights with regard to her son”). Accordingly,
    we conclude that the trial court did not abuse its discretion or commit an error
    of law by terminating Mother’s parental rights to the Children involuntarily
    pursuant to Section 2511(a)(2).
    We next consider the trial court’s decision to terminate Mother’s parental
    rights to the Children pursuant to Section 2511(b):
    Section 2511(b) focuses on whether termination of parental rights
    would best serve the developmental, physical, and emotional
    needs and welfare of the child. As this Court has explained,
    Section 2511(b) does not explicitly require a bonding analysis and
    the term ‘bond’ is not defined in the Adoption Act. Case law,
    however, provides that analysis of the emotional bond, if any,
    between parent and child is a factor to be considered as part of
    our analysis. While a parent’s emotional bond with his or her child
    is a major aspect of the [S]ection 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.
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    [I]n addition to a bond examination, the trial court can
    equally emphasize the safety needs of the child, and
    should also consider 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 Adoption of C.D.R., 
    111 A.3d 1212
    , 1219 (Pa. Super. 2015) (quoting
    In re N.A.M., 
    33 A.3d 95
    , 103 (Pa. Super. 2011) (quotation marks and
    citations omitted).
    In her brief, Mother fails to develop any argument regarding Section
    2511(b). While Mother includes Section 2511(b) in her statement of questions
    involved, she does not include it in her argument, other than mentioning it in
    two sentences in a concluding paragraph. See Mother’s Brief at 21 (asserting
    that DHS “introduced insufficient evidence as to the impact of termination of
    parental rights on the Child[ren] and the bond between the Child[ren] and
    Mother”). Therefore, Mother has waived any challenge to Section 2511(b).
    See In re M.Z.T.M.W., 
    163 A.3d 462
    , 465 (Pa. Super. 2017) (“[T]his Court
    will not review a claim unless it is developed in the argument section of an
    appellant’s brief, and supported by citations to relevant authority.”).
    Even if Mother had not waived this claim, we would conclude that it is
    meritless. The trial court explained its decision regarding Section 2511(b) as
    follows:
    . . . . On the 2511(b) question, the evidence is clear and
    convincing that there would be no irreparable harm terminating
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    [M]other’s rights, because there is no parental relationship
    between [M]other and the [C]hildren. And the testimony by a
    number of witnesses who have observed the relationship between
    the [C]hildren and their caretakers and their foster mother and
    soon to be, hopefully, adopted mothers, is one that shows a strong
    irredeemable [sic] bond, a family bond, a parent bond. The
    testimony was that it would be in the [C]hildren’s best interest to
    be adopted, and it would be against the [C]hildren’s best interest
    if they were removed from the home of their current caretakers.
    Trial Court Opinion, 8/28/19, at 35 (quoting N.T., 5/29/19, at 155-56).
    The record supports the trial court’s findings. As discussed during our
    analysis of Section 2511(a)(2), Mother abandoned the Children and moved to
    Washington in March 2016. At that time, J.C.B. was five years old, Z.B.B. was
    just under three years old, and M.C.B. was less than two-and-a-half years old.
    By the time of the hearing on May 29, 2019, J.C.B. was eight years old, Z.B.B.
    was six years old, and M.C.B. was four-and-a-half years old. During the three-
    year interim, Mother had minimal contact with the Children. Mother admitted
    that she did not visit the Children while they were residing with Father. N.T.,
    5/29/19, at 130. Moreover, she testified inconsistently regarding her phone
    contact with the Children during that time, claiming at first that she stopped
    calling the Children shortly before September 2017 and then claiming that she
    stopped calling in “the beginning of 2017.” Id. at 131, 142. Regardless, it is
    undisputed that Mother had no contact with the Children at all beginning in at
    least September 2017, when they entered foster care for a second time. She
    testified that she first learned that the Children were in foster care after DHS
    sent a letter to her brother in April 2018 and that she did not begin receiving
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    phone contact with the Children until December 2018.7 Id. at 135, 137. Even
    when Mother had the opportunity to call the Children on the phone, the record
    reveals that this contact was limited. Mother stated that she had only one call
    with J.C.B., and two calls with Z.B.B. and M.C.B., before the court suspended
    her phone contact. Id. at 136. Given the lack of contact between Mother and
    the Children, the record confirms that they do not share a meaningful parental
    bond.8 See Matter of Adoption of M.A.B., 
    166 A.3d 434
    , 449 (Pa. Super.
    2017) (“[A] child develops a meaningful bond with a caretaker when the
    caretaker provides stability, safety, and security regularly and consistently to
    the child over an extended period of time.”).
    ____________________________________________
    7 The reason for this approximately eight-month delay is not clear from the
    record.
    8 As explained above, the trial court suspended Mother’s phone calls with the
    Children because of the negative impact that the calls were having on Z.B.B.
    Trauma therapist Dorri Ziai testified that Z.B.B. would react negatively when
    discussing the phone calls during her therapy sessions. N.T., 5/29/19, at 107.
    Further, Ms. Ziai testified that Z.B.B. would react negatively even at the mere
    mention of Mother. Id. at 104-05. She explained,
    . . . . When our conversations have addressed her biological
    family, such as her mother, she’s at times even shown very fearful
    behavior.
    So, for example, if her foster mother is in . . . the office,
    she’ll jump into her foster mother’s lap, she’ll cling to her foster
    mother, she’ll hide her face, she’ll fall off the couch, she’ll change
    the subject.
    Id.
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    In contrast to the Children’s nearly nonexistent relationship with Mother,
    the record demonstrates that the Children share a significant bond with their
    respective foster parents. Ms. Cleckley testified that Z.B.B. and M.C.B. reside
    together in the same foster home, that they share a bond with their foster
    mother, and that they refer to her as their mother. Id. at 50-52. Ms. Cleckley
    testified that J.C.B. resides in a separate foster home but that she also shares
    a bond with her foster mother and refers to her as her mother. Id. at 54. In
    addition, the Children’s legal counsel presented the testimony of Roya Paller,
    a former DHS employee with sixteen years of experience, whom the trial court
    accepted as an expert witness “in the area of discerning children’s choices in
    complicated and delicate situations such as this.”      Id. at 120.   Ms. Paller
    testified that she met with the Children, that they appeared to understand
    what the word “adoption” meant, and that they all wanted to be adopted.9
    Id. at 123-24. Therefore, the trial court did not abuse its discretion or commit
    an error of law by terminating Mother’s parental rights pursuant to Section
    2511(b).
    Based on the foregoing analysis, we discern no abuse of discretion or
    error of law in the trial court’s decision to terminate Mother’s parental rights
    to the Children involuntarily. Accordingly, we affirm the court’s May 29, 2019
    ____________________________________________
    9J.C.B. stated to Ms. Paller that she wanted the foster mother of Z.B.B. and
    M.C.B. to adopt her, and that she wanted to be able to visit her current foster
    mother. N.T., 5/29/19, at 124.
    - 17 -
    J-A28026-19
    decrees. Even accepting that Mother possesses standing to appeal the goal
    change orders entered August 13, 2019, any challenge to those orders would
    be moot in light of our decision to affirm the termination decrees. Thus, we
    affirm the court’s goal change orders as well.
    Decrees affirmed. Orders affirmed.
    Judgment Entered.
    Joseph D. Seletyn, Esq.
    Prothonotary
    Date: 4/28/2020
    - 18 -
    

Document Info

Docket Number: 1827 EDA 2019

Filed Date: 4/28/2020

Precedential Status: Precedential

Modified Date: 4/17/2021