Superior Court of Pennsylvania, 2015

In the Int. of: J.D., a Minor Appeal of J.J.B.

In the Int. of: J.D., a Minor Appeal of J.J.B.
Superior Court of Pennsylvania · Decided March 31, 2015

In the Int. of: J.D., a Minor Appeal of J.J.B.

Opinion

J-A03035-15

IN THE INTEREST OF: J.D., : IN THE SUPERIOR COURT OF A MINOR : PENNSYLVANIA : APPEAL OF: J.J.B., MOTHER : No. 1347 MDA 2014 Appeal from the Order entered July 8, 2014, in the Court of Common Pleas of Union County, Juvenile Division, at No(s): CP-60-DP-0000008-2013 BEFORE: MUNDY, STABILE, and FITZGERALD*, JJ.

JUDGMENT ORDER PER CURIAM: FILED MARCH 31, 2015 On March 13, 2015, this Court received a Supplemental Record from the trial court, which included a permanency review order filed March 3, 2015 (attached as Exhibit “A”), indicating: (1) on March 3, 2015, both Appellant J.J.B. (“Mother”) and R.D. (“Father”) signed consents to adoption; (2) the next hearing is scheduled for April 7, 2015; and (3) the projected date for achieving the goal of adoption is May 2015.

In light of the foregoing, we direct all parties to provide, within ten days of the date of this order, a written explanation to this Court as to whether this appeal should be dismissed as moot. The trial court may also subsequently provide, as a supplemental record, any order entered as a result of the April 7, 2015 hearing, along with any explanatory opinion.

Panel jurisdiction retained.

* Former Justice specially assigned to the Superior Court.

Circulated 03/26/2015 09:12 AM Commonwealth of Peit..sylvania IN THE JUVENILE uoURT OF THE 17TH JUDICIAL DISTRICT In the Interest Of: UNION COUNTY BRANCH, PENNSYLVANIA IMO A Minor JUVENILE DIVISION Date of Birth: 013 1-..

DOCKET NO: -2013 fa CP-60-DP-00000Q8) IND: 60-FN-000007-20n-Q = 4n 7:1 I C) --- --ri ,.

PERMANENCY REVIEW ORDER :.1,. ...u.. ) • ..'-i ....< CI)

Attendance Attendee Name Attendee Role Attendance Type Union County Children and Youth Children and Youth Services In Person Services Brosius, Heath Wayne Guardian Ad Litem In Person Bearden, Jasmine J. Biological Mother In Person DIM,JIM Child Oki NCA Attend DIM,RIM Biological Father in Person Lemon, Mark Harris Attorney for Biological Mother (Beiffilipti In Person Jimi11111.) _.. - Ulmer, Brian W. Attorney for Biological Father (DeHart, Ricky) In Person Johnson, Pz,Liok Adam Attorney for Children and Youth Services in Person • (Union County Children and Youth Services) Additional Attendees: Melissa Tharp, Foster Mother; CASA; Kathleen Pino, UCCYS; maternal and paternal relatives AND NOW,this 3rd day of March, 2015, the court finds: CONTINUING PLACEMENT - Necessity and Appropriateness The placement of the child continues to be necessary and appropriate.

PERMANENCY PLAN - Compliance MOTHER - There has been moderate compliance with permanency plan, in that mother is consenting to the child's adoption, as she believes it is in the best interest of her child that he be adopted by his current foster family.

FATHER - There has been moderate compliance with permanency plan, in that father is consenting to the adoption of his child, as he believes it is in the best interest of his child that he be adopted by his current foster family.

PERMANENCY PLAN - Reasonable efforts to finalize Reasonable efforts have been made by the Union County Children and Youth Services ('Agency') to finalize this child's permanency plan, in that the Agency assisted the parents in obtaining services necessary to facilitate reunification. The parents are consenting to the child's adoption by his current foster family as they feel this is in the child's best interest.

Nnizt CPC MS 3801 K.AR Printed: 03/0312015 10:30:47AM ele Circulated 03/26/2015 09:12 AM CP-60-DP-0000008-2013 In The Interest Of: Justin DeHart, A Minor AGGRAVATED CIRCUMSTANCES EXIST-PERNIANENCY PLAN NOT COMPLETE - Having previously determined that aggravated circumstances exist and that no new or additional efforts to preserve and reunify the family are required, reasonable efforts have been made by the Agency to place the child In a timely manner in accordance with the permanency plan but the following steps are necessary to finalize the permanent placement of the child: The parents signed constents to adoption on March 3, 2015. Their consents will be confirmed after 30 days have elapsed, and the child will be adopted by his foster family thereafter.

PROGRESS Towards alleviating the circumstances which necessitated the original placement MOTHER - There has been minimal progress toward alleviating the circumstances which necessitated the original placement, in that mother is not in a position to be caregiver for her child. She understands that it is In her child's best interest to be adopted by his current foster family, and she signed a consent to adoption prior to this proceeding, FATHER - There has been minimal progress toward alleviating the circumstances which necessitated the original placement, in that father Is not in a position to be caregiver for his child. He understands that it is in his child's best interest to be adopted by his current foster family, and he signed a consent to adoption prior to proceeding.

CURRENT PERMANENT PLACEMENT GOAL - Appropriateness and Feasibility The current placement goal for the child is return to parent or guardian. The VT:9Iated date by which the goal for the child might be achieved is: N/A coNcuRRFMT ACEiii2NT PLAN The concurrent placement plan for the child is Adoption.

PERMANENCY PLAN/PLACEMENT GOAL The permanency plan developed for this child is appropriate and feasible except that it shall be modified or supplemented as follows: the parents signed consents to adoption prior to this proceeding. The permanency plan shall be modified and the Agency will pursue now puruse the goal of Adoption.

The current placement goal is NOT appropriate and/or NOT feasible.

PERMANENT PLACEMENT - Change of Goal ThO Court Orders,the new permanent placement goal hereby determined to be Adoption. The projected date by which the goal for the child might be achieved Is: May 2015 CURRENT PLACEMENT - Child's Safety The child is safe in the current placement setting.

SERVICES for children age 16 and older Thls child has not yet attained the age of 16.

As TO WHETHER A PETITION TO TERMINATE PARENTAL RIGHTS HAS OR WILL BE FILED: The child has been in placement for 15 of the last 22 months.

PETITION FILED - The Agency has flied or joined a petition to terminate parental rights.

INDIAN STATUS The child is not Indian as defined In 25 U.S.C. 1903(4), and the Indian Child Welfare Act does not apply to these proceedings.

ORDER OF COURT - On the basis of the above findings, IT IS HEREBY ORDERED THAT: CPCMS 3801 2 Printed: 03/03/2015 10:30:47AM Circulated 03/26/2015 09:12 AM CP-60-DP-0000008-2013 In The Interest Of: Justin DeHart, A Minor Legal Custody of the Child shall remain with the Union County Children and Youth Services Agency.

Physical Custody of the Child shall remain with the Union County Children and Youth Services Agency.

Placement of the Child shall remain in Foster Care, specifically the Family Care for Children and Youth Foster Home of Melissa Tharp and Shane Shingara. The Child's placement is the least restrictive placement that meets the needs of the child and there Is no less restrictive alternative available, in that this two parent foster home provides a safe, secure, and loving home for the child in the least restrictive most family-like setting possible.

The Child shall be under the protective supervision of the Agency.

The additional condition(s) of visitation is set forth as: Visits that occur at the UCCYS Office shall be audio and video recorded.

MEDICAL CONSENT It is further ORDERED that if the child is in the legal custody of the county agency as defined by the Juvenile Act at 42 Pa.C.S. § § 6301-6365, the County Children and Youth Services Agency has the authority to consent to routine treatment of the child.

NEXT SCHEDULED COURT DATE(S) Next Scheduled Court Date: April 7, 2015 at 1:00 p.m.

SERVICE A copy of this order shall be seNed upon all parties by Union County Children and Youth Services.

Cc: ( 45/Attorney Patrick A. Johnson, UCCYS Solicitor P' Union County Children and Youth Services(2) Attorney Heath W. Brosius, Guardian ad litem vDeputy Court Administrator i JONES BII=MR, Mother Rift DAM,Father Attorney Mark H. Lemon, Counsel for Mother Attorney Brian Ulmer, Counsel for Father Family Care for Children and Youth, Placement Provider Shane Shingara and Melissa Tharp, Foster Parents CMA Such disposition having been determined to be best suited to the protection and physical, mental and moral welfare of the child.

BY THE COURT:

dge ael H. Sholle

CPCMS 3801 3 Printed; 03/03/2015 10:30:47AM

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