J-S02015-25

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37 IN THE INTEREST OF: A.G., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: J.G., MOTHER : : : : : No. 2326 EDA 2024 Appeal from the Order Entered October 1, 2024 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-DP-0001757-2012 IN THE INTEREST OF: A.G., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: J.G., MOTHER : : : : : No. 2327 EDA 2024 Appeal from the Decree Entered August 14, 2024 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-AP-0000174-2023 IN THE INTEREST OF: J.P., A MINOR : IN THE SUPERIOR COURT OF : PENNSYLVANIA : APPEAL OF: J.G., MOTHER : : : : : : No. 2328 EDA 2024 Appeal from the Order Entered October 1, 2024 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-DP-0000589-2020 IN THE INTEREST OF: J.P., A MINOR : IN THE SUPERIOR COURT OF : PENNSYLVANIA : J-S02015-25

APPEAL OF: J.G., MOTHER : : : : : : No. 2329 EDA 2024 Appeal from the Decree Entered August 14, 2024 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-DP-0000175-2023 IN THE INTEREST OF: J.P., A MINOR : IN THE SUPERIOR COURT OF : PENNSYLVANIA : APPEAL OF: J.G., MOTHER : : : : : : No. 2330 EDA 2024 Appeal from the Order Entered October 1, 2024 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-DP-0000590-2020 IN THE INTEREST OF: J.P., A MINOR : IN THE SUPERIOR COURT OF : PENNSYLVANIA : APPEAL OF: J.G., MOTHER : : : : : : No. 2331 EDA 2024 Appeal from the Decree Entered August 14, 2024 In the Court of Common Pleas of Philadelphia County Juvenile Division at No(s): CP-51-AP-0000176-2023

BEFORE: LAZARUS, P.J., DUBOW, J., and McLAUGHLIN, J.

MEMORANDUM BY LAZARUS, P.J.: FILED MARCH 27, 2025

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J.G. (Mother)1 appeals from the orders and decrees,2 entered in the Court of Common Pleas of Philadelphia County, Juvenile Division, changing the permanency goal from reunification to adoption and granting the Philadelphia Department of Human Services’ (DHS) petitions to involuntarily terminate Mother’s parental rights to her minor children, A.G. (born January 2011)3 and twins, Jo.P. and Ja.P. (born May 2014) (collectively, Children). 4 Because Mother is unable to remedy the conditions that brought Children into care—lack of parental supervision, inadequate housing, and parental drug, alcohol, and mental health concerns—and termination is in Children’s best interests, we affirm on the basis of the trial court opinion. See 23 Pa.C.S.A.

§§ 2511(a)(2) & (b).

____________________________________________

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In January 2019 and June 2020, DHS received General Protective Services (GPS) reports about Children lacking parental supervision, having inadequate housing, and general concerns about Mother’s and Father’s drug and alcohol use. At the time, Children were living with Mother. On June 2, 2020, DHS obtained an order of protective custody (OPC) for Children and, with police assistance, placed them in a foster home. On June 23, 2020, the CUA held a single case plan (SCP) meeting in which Mother participated via telephone. Mother’s SCP objectives included enrolling in drug and alcohol treatment, following any drug and alcohol treatment recommendations, signing all releases, obtaining safe and stable housing, attending weekly supervised visits with Children, and attending mental health counseling. See N.T. Goal Change/Termination Hearing, 11/2/23, at 15.

A.G. was adjudicated dependent on August 20, 2020;5 the twins were adjudicated dependent on March 30, 2021. Children were placed in kinship care with paternal uncle and aunt (Foster Parents), who are an adoptive resource.

Mother has not attended any SCP meetings with her CUA caseworker, Silvine Belzince, over the entire life of the case, has not attended any court- ordered drug or alcohol assessments or screenings at the Clinical Evaluation Unit (CEU), has never obtained stable housing, has not attended parenting

____________________________________________

5The trial court incorrectly states that A.G. was adjudicated delinquent on December 23, 2020. See Trial Court Opinion, 11/5/24, at 15. -4- J-S02015-25

classes, and never progressed to unsupervised visits with Children. 6 At the time of the termination hearing, Mother was not consistently attending visits with Children and, in fact, her last visit had been eight months prior to the goal change/termination hearing in March 2023. See N.T. Goal Change/Termination Hearing, 11/2/23, at 22. Belzince testified that Mother does not call Children on the phone, send them gifts or cards on special occasions or holidays, or ask Belzince how the Children are doing when Belzince talks to her on the phone. Id. 24. Belzince testified that Mother does not participate in Children’s medical or educational appointments. Id. Mother has, however, routinely signed releases and consents for Children.

See N.T. Goal Change Hearing, 7/6/23, at 15-16.

Belzince also testified that Mother does not believe she has a drug or alcohol problem, but only mental health issues. Id. at 17. To that point, Mother receives mental health treatment at COMHAR, where she has been diagnosed and medicated for her conditions. Id. at 17-18.

Belzince testified that Mother routinely contacts her twice a month, at which time Belzince reviews Mother’s SCP objectives with her and confirms her visits with Children.7 Id. at 15-16. Mother told Belzince that she does ____________________________________________

not have anywhere to live, that she often stays at a shelter or friends’ houses; Mother has never provided DHS with an address where she can be contacted.

Id. at 19. Belzince testified that Mother had been referred to ARC, a low- income housing resource, but Mother never followed through to use this resource to secure stable housing. Id. Belzince testified she believes Mother’s sole source of income is social security. Id. 20. Overall, Belzince rated Mother’s SCP progress and compliance as “minimal.” Id. at 24-25.

With regard to their placement, Belzince testified that A.G. has been living with his siblings at Foster Parents’ home since September 2023, and that he is doing “fine” there.8 Id. at 26. Belzince testified that A.G. has a lot of “aggressions[,] does display anger[, and] probably needs [behavioral health services] in school.” N.T. Goal Change/Termination Hearing, 11/2/23, at 26. Belzince testified that A.G.’s Individualized Education Plan (IEP) is being reevaluated, that he is playing football at school, and that he is doing well academically. Id. at 26-27. At the time of the termination hearing, Belzince testified that A.G. was up-to-date on all medical, dental, and vision appointments, that Foster Parents were providing a safe environment for him and fulfilling his educational needs, and that A.G. had “adjusted quite well” to his kinship care home. Id. at 28-29. Finally, Belzince testified that A.G. does not wish to see Mother, that she does not believe Mother and A.G. have a ____________________________________________

parent-child bond, that if Mother’s parental rights were terminated A.G. would not suffer any irreparable harm, and that it would be best for A.G. if he were to be adopted by Foster Parents. Id. at 30-31.

Belzince testified that Jo.P. and Ja.P. are “doing fantastic” in Foster Parents’ care; the twins had been living in the foster home for over two years at the time of the goal change/termination hearing. See N.T. Goal Change Hearing, 7/6/23, at 13; N.T. Goal Change/Termination Hearing, 11/2/23, at 32-34. Belzince testified that Jo.P. is doing well academically, is up-to-date on his medical, dental, and vision appointments, has a “loving” relationship with his Foster Parents, and relies on Foster Parents for support and to meet his daily needs. Id. at 36. Belzince testified that Jo.P. does not share a parent-child bond with Mother, id. at 38, that Jo.P. believes Mother does not want him, and that he recognizes that Mother does not come to visit him. Id. at 39. On the other hand, Belzince testified that Jo.P. has a parent-child-type bond with Foster Parents, that he is happy in their home, and that he “wants to stay there.” Id. Finally, Belzince testified that Jo.P. would not suffer any irreparable harm if Mother’s parental rights were terminated and that adoption by Foster Parents is the most appropriate placement for Jo.P. Id. at 40.

Belzince testified that Ja.P., who is autistic and non-verbal, has an IEP in elementary school that addresses his special needs, that he attends the Center for Autism every three months, and that he exhibits aggressive behaviors at school. Id. at 41-42. Belzince testified that Foster Mother is a special education teacher who is able to meet Ja.P.’s special needs. See id.

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at 44 (Belzince testifying Foster Mother is “very patient” with Ja.P., “utiliz[es] all her tools and resources” as a teacher to help him, and “is able to ensure that all the proper services are in place”). Like Jo.P., Ja.P. shares a parent- child-like bond with Foster Parents and looks to them for his day-to-day needs; Foster Parents have kept him up to date on all medical, dental, and vision appointments, and provide for him and keep him safe. Id. 41-44.

Finally, Belzince testified that Ja.P. would not suffer any irreparable harm if Mother’s parental rights were terminated and that adoption by Foster Parents is the most appropriate placement for Jo.P. Id. at 45. See id. at 49 (Belzince testifying foster family “provid[e] a loving, stable[,] support[ive] home for the children . . . and [t]hey’re treating them like they’re their biological child[ren].”).

On May 3, 2023, DHS filed petitions to involuntarily terminate Mother’s parental rights to Children pursuant to subsections 2511(a)(1), (a)(2), (a)(5), (a)(8), and (b) of the Adoption Act. 9 On July 6, 2023, the court held a goal change hearing where10 caseworker Belzince, Foster Mother, and Father ____________________________________________

9 23 Pa.C.S.A. §§ 2101-2938.

See 23 Pa.C.S.A. § 2313(a) (children have statutory right to counsel in contested involuntary termination proceedings) and In re K.R., 200 A.3d 969 (Pa. Super. 2018) (en banc), but see In Re: T.S., E.S., 192 A.3d 1080, 1092 (Pa. 2018) (“[D]uring contested termination-of-parental-rights proceedings, where there is no conflict between a child’s legal and best interests, an attorney-guardian ad litem representing the child’s best interests can also represent the child’s legal interests.”).

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testified. However, at the beginning of the proceeding, the trial judge determined that there was an issue with regard to whether Mother had been properly served notice of the goal change hearing “in the absence of a [Parent Locator Service.]” N.T. Goal Change Hearing, 7/6/23, at 10; see id. at 36- (trial judge explaining city needs to run PLS to try to find Mother’s last known address for service purposes, so “we’re going to have to bring [this] back for another time where the city can prove to me that they did serve Mo[ther] at any and all known address and that M[other] did have the proper notice of the hearing.”). Thus, the court bifurcated the proceedings and only took testimony regarding Father, leaving the issue of proper service to another day. Id. However, at the conclusion of the hearing, the court determined that it would reschedule the goal change hearing, to be heard in conjunction with a termination hearing.

On November 2, 2023, the trial court held a goal change/termination hearing, at which CUA caseworker Belzince testified. 11 Neither Mother nor Father attended the hearing. At the commencement of the proceedings, the trial judge found that the Commonwealth had made a good faith effort to serve Mother by attempting to serve her at the address on the PLS and at another address that DHS had on file for Mother. See N.T. Goal Change/Termination Hearing, 11/2/23, at 4-8. See also id. at 33 (Belzince testifying she told Mother about date of goal change/termination hearing). Although DHS ____________________________________________

Goal Change/Termination Hearing, 11/2/23, at 5-6, 12. -9- J-S02015-25

acknowledged that the PLS was dated February 16, 2023, DHS and the court recognized that Mother is “transient” and that it “did not have information as to where she’s staying . . . or if she has an address at all.” Id. at 7.

On August 24, 2024, the court granted DHS’ petitions to involuntarily terminate Mother’s parental rights to Children and change the goal to adoption. Mother appealed12 and has complied with Pa.R.A.P. 1925(b). On appeal, Mother raises the following claims: (1) Whether the [t]rial [c]ourt erred by terminating the parental rights of [Mother] under [sections] 2511(a)(1), (a)(2), (a)(5), (a)(8), and (b)?

(2) Whether it was a violation of [M]other’s due process rights [to not provide M]other notice of the termination of parental rights and goal change hearings, thereby denying Mother an opportunity to be heard[?] ____________________________________________

Mother appealed that decision and, on June 18, 2024, this Court vacated the orders denying Mother’s petitions to appeal nunc pro tunc from the orders changing the permanency goals to adoption and decrees terminating her parental rights to Children. See Interest of A.G., Nos. 574-579 EDA 2024 (Pa. Super. filed June 28, 2024) (unpublished memorandum decision). In doing so, this Court explained that our review of the docket entries revealed a breakdown in the operations of the court concerning entry of the goal change and termination orders, where none of the docket entries concerning those orders expressly stated that Pa.R.C.P 236 notice had been provided. Notably, however, our Court found that Mother had been properly served with the goal change and termination petitions.

Thus, we remanded the case and instructed Mother’s counsel to update Mother’s current address with the trial court and directed the clerk of courts to reenter the termination/goal change orders/decrees with appropriate Rule notice, after which Mother could timely appeal within 30 days. See id. The trial court complied and reentered the orders and decrees on August 14, 2024. Mother timely appealed from the reentered orders/decrees.

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(3) Whether the trial court erred by chang[ing] the goal from reunification to adoption?

Appellant’s Brief, at 5-6 (renumbered and reworded for conciseness).

In a proceeding to terminate parental rights involuntarily, the burden of proof is on 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. It is well established that a court must examine the individual circumstances of each and every case and consider all explanations offered by the parent to determine if the evidence[,] in light of the totality of the circumstances[,] clearly warrants termination.

In re Adoption of S.M., 816 A.2d 1117, 1122 (Pa. Super. 2003) (citation and quotation marks omitted); see also In re C.P., 901 A.2d 516, 520 (Pa. Super. 2006) (party seeking termination of parental rights bears burden of proving by clear and convincing evidence that at least one of eight grounds for termination under section 2511(a) exists and that termination promotes emotional needs and welfare of child as set forth in section 2511(b)).

We review a trial court’s decision to involuntarily terminate parental rights for an abuse of discretion or error of law. In re A.R., 837 A.2d 560, 563 (Pa. Super. 2003). Our scope of review is limited to determining whether the trial court’s order is supported by competent evidence. Id. Moreover, appellate courts “should defer to the trial judges[,] who see and hear the parties and can determine the credibility to be placed on each witness and . . . gauge the likelihood of the success of the current permanency plan[.]” See In the Int. of K.T., 296 A.3d 1085, 1117 (Pa. 2023) (citation omitted). - 11 - J-S02015-25

Moreover, “[e]ven if an appellate court would have made a different conclusion based on the cold record, we are not in a position to reweigh the evidence and the credibility determinations of the trial court.” Id. After carefully reviewing the parties’ briefs, the certified record, and the relevant case law and statutes, we affirm the trial court’s orders and decrees on the basis of the well-written opinion authored by the Honorable John P. Sabatina, Jr. As the trial court correctly determined, reunification with Mother was no longer a viable permanency option where she had been, at best, minimally compliant with her SCP objectives, consistently failed to attend meetings and hearings (SCP and permanency), and did not visit, plan for, or financially support Children while they have been in placement. See Trial Court Opinion, 11/5/24, at 13-14. Moreover, the evidence showed that there was no parent-child bond between Mother and Children, such that severing it would cause irreparable harm, and that the love, comfort, security, and stability Children have with Foster Parents supports termination and the goal change to adoption. See In re K.Z.S., 946 A.2d 753, 763 (Pa. Super. 2008) (courts must not only consider the child’s bond with biological parent, but also “examine the intangibles such as the love, comfort, security, and stability the child might have with the foster parent”).

We instruct the parties to attach a copy of Judge Sabatina’s decision in the event of further proceedings in the matter.

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Orders and decrees affirmed.13 Dubow, J., Did not participate in the consideration or decision of this case.

Date: 3/27/2025

____________________________________________

2024h0'# i1-5 F 2THE -5 F!' i%TW,FIRST JUDICIAL JUDICIAL DISTRICT OF PENNSYLVANIA PHILADELPHIA COUNTY COURT OF COMMON PLEAS \ \st, , FAMILY COURT DIVISION 1N IN THE INTEREST OF: OF, CP-51-AP-0000174-2023 A.R.G. CP-51-DP-0001757-2012 CP-51-DP-0001757.-2012 No. 2326 &2327 & 2327 EDA 2024 OF: IN THE INTEREST Op. CP-51-AP-0000175-2023 CP-51-AP-.0000175-2023 J.P. J.P.' CP-51-DP-0000589-2020 No. 2328 & & 2329 EDA 2023 IN THE INTEREST OF: OF. CP-51-AP-0000176-2023 CP-51-AP-0000176-202 J. P.'- J.P. C P-51-D P-0000590-2 02 0 CP-51-DP-0000590-2020 No. 2330 8& 2331 EDA 2023 APPEAL OF JG.

J.G. FID: SL-FN-002621-2012 51- FN-002621-2012

OPINION 0PINION PROCEDURAL, PROCEDURAL HISTORY HISTORY court held a The trial count a multi-day hearing on the Petitions to Terminate the Parental Rights Rights ofJ.J.P., the biological father P,,the father (Father") ("Father") and J.G., the biological I.G.,he biological mother mother (" Mother"), of.lo.P. ("Mother"), ( D.O.B. of Jo.P.(D.0.B May . , 2014), Ja.P.,(D.0.B.

May.,2014), Ja.P., ( D.O.B. May May ,,2014), 2014). and A.R.G. (D.O.B. January A.R.G.(D.O.B. January: ,,201).

2011). The dates on Nvhiclt which the hearing occurred xN ere July 6, 2023 and November 2. were - 2, 2023.

2023. Father was was present for present foe the Julv 6, 2023 listing but failed the July tailed to appear for the November 2, listing.

2, 2023 listing. did not Mother did not appear for either date of the hearing on the petition to terminate her parental parental rights. Both were rights. Both were represented by counsel at each date. The Children were represented represented by by aaChild Advocate. At the Advocate. At the conclusion of the hearing, the trial court found clear and convincing convincing evidence to involuntarily involuntarily terminate the terminate the parental rights of parental rights Mother and of Mother and Father based upon Father'based their inability upon their to remedy inability to remedy the the conditions that brought the Children into care and to change the goal of the Children to adoption adoption

"Jo.p" iin 'This child is referred to as "Jo.P." Opinion. n this Opinion This child is referred to as "Ja.P." Thie 1 /a.Pin in this Opinion Opinion.

3Father is not the biological father to A.R.G. Therefore, he was not a party to that matter a party matter.

Page 1 l Pursuant pursuant to 23 Pa. C.S.A. §$ 2511(a)(1)(2)(5)(8) 23Pa.C.S.A. 251 1(a)(1)(2)(5)(8) and 23 Pa.C.S.A.

Pa.C.S.A. §$ 2511(b).

2511(b). The Notices of Appeal Appeal were filed by Father on November 30, 2023. Mother filed aa"Petition Petition to Leave to File Appeal Appeal Nunc Pro Tunc" 14, 2023 which this court denied on January 24.

Tune" on December 14, 24. 2024. appealed 2024. Mother appealed the denial of her "Petition to Leave to File Appeal Maune Max P,•o Tunc" to the Pro Tune" the Superior Court. On June Superior Court.

18, 2024, the Superior Court vacated the orders denying Mother's petitions for mane 8,2024,the nunc pro pro tune relief and remanded for and remanded for further further proceedings. proceedings, Mother's Mother's counsel complied with counsel complied with the the instructions of the instructions of the Superior Court on remand remand and subsequently, pursuant to subsequently, pursuant to the Superior Court's order. the Superior order, filed filed Notices 2024. of Appeal on September 7, 2024 STATEMENT OF MATTERS COMPLAINED OF ON APPEAL Mother's Statements of Matters Complained of on Appeal Appeal for all three matters are identical and set forth below. below: 1. The trial court's determinations as to mother's conduct under 23 Pa.C.S.A. §5$251(a¥) l (a)(1) were not supported by clear and convincing evidence.

2.2. The trial court's determinations as to mother's conduct under 23 Pa.C.S.A. §$2511(a)(2) 2511(a)(2) were not supported by clear and convincing evidence.

3. The trial court's determinations as to mother's conduct under 23 Pa-C.S.A. as to Pa.C.S.A. §$2511(a)(5) 1(a)(5) were were not supported by not supported clear and by clear and convincing convincing evidence. evidence 4.4. The trial court's determinations as to to mother's mother's conduct under 23 Pa.C.S.A.

Pa.C.S.A. §5$25ll(a)(8) 2511(a)(8) were not supported by clear clear and convincing convincing evidence evidence.

5.5. The trial court's determinations as to mother's conduct under 23 Pa.C.S.A. §$2511(b) 1(b) were not supported by clear and convincing evidence.

Page 2 Page 2 6. It was aaviolation of Mother's due process rights rights by not providing providing mother notice of the termination goal change termination and goal change petitions petitions and notice of the the hearing hearing date thereby denying mother an opportunity to be heard. beard FINDINGS OF FACT PRIOR TO THE FILING OF THE PETITION FOR INVOLUNTARY TERMINATION OF PARENTAL RIGHTS On January 4, 2019, DHS received aaGeneral Protective Services 2019,DHS Services (GPS) report alleging that the Philadelphia Philadelphia Police were dispatched to the family's family's home pw•suant pursuant to aadomestic dispute between the children's mother, JG, J.G, and her paramour; that the police police observed that Mother and her paramour were visibly intoxicated and appeared to be under the influence of alcohol and narcotics; narcotics; that that Mother had had six six unidentified children in the home; that in the that Mother was unable Mother was unable to provide aasafety resource for the children; and that the police would remain at the home. home. This report was determined to valid. (DHS-Petition to be valid. (DHS.Petition for Involuntary Involuntary Termination of Parental Rights. CP-51-AP- Parental Rights.

Exhibit "A," 0000176-2023, Exhibit A," ¶ b", "b", filed 5/3/2023) 5/3/2023).

On June 3, 2020, DHS received aaGPS report Jo.P. and Ja.P. report alleging that Jo.P Ja.P, were observed sitting on top sitting top of home's refrigerator and home's refrigerator banging on a and banging a window; the children window; that the children were were believed to be in in the home without adult supervision; supervision; that the Philadelphia Police were contacted but failed to Police were arrive on the scene; that Mother subsequently returned home; that Mother might use drugs; drugs, and that the lack of supervision supervision was ongoing. ongoing. This report was determined to be valid. valid. (DHS-Petition for Involuntary Involuntary Termination of Parental Rights. CP-51-AP-0000176-2023.

Rights. CP "A," "1 e", -51-AP-0000176-2023. Exhibit A," "c filed 5/3/2023).

5/3/2023) On June 4, 4, 2020, DHS went to the family's home. home. Six-year-old Jo.P. answered the door and stated that Mother was not at home, but that nine-year nine-year old A.G.

A.G. was present. present. A.G. came to the door and stated that he did not know Mother's whereabouts; that he was uncertain for how long she she had been been gone; and that gone, and had been left that they had left unsupervised. A.G.

A.G. brought brought aacellular telephone to to Page 3 Page 3 lie did not know Mother's telephone number. the door but stated that he number. A.G. attempted to contact relatives via telephone, telephone, without success. A A neighbor subsequently presented to DHS and attempted to reach Mother via telephone for approximately 30 minutes before making contact. DHS $poke spoke with Mother Mother and advised her that DHS was at the the home home and and that the children were were unsupervised. unsupervised Mother Mother was belligerent profanity. and DHS belligerent and used profanity, DHS noted noted that her her speech speech was slurred. Mother Mother stated that she would return to the home. home. DHS observed that six-ycar- six-year- old Ja.P. was clothed in a a diaper diaper only. Ja.P. then exited the home and ran into the street. street. DHS had to stop an oncoming vehicle to prevent Ja.P. Ja.P from hit. (DHS-Petition from being hit. (DHS.Petition for Involuntary Termination of Parental Rights. CP-51-AP-0000176.-2023, Rights. CP-51-AP-0000176-2023, Exhibit A." 111 " Exhibit "A," d", filed 5/3/2023). d", 5/3/2023) Approximately 45 minutes after DHS arrived at the home, Mother returned.

Approximately returned. Mother stated to DHS that she was going going to contact the police; police; that she had been attempting to contact the landlord to address aaplumbing issue with the home's toilet; toilet, and she Instructed A.G. to go upstairs and flush the toilet. DHS observed that water from the toilet was running fi•om from the ceiling into the kitchen and onto the refrigerator. refrigerator. Mother continued to display erratic behavior, which fluctuated aggressive speech and behavior and uncontrollable crying. DHS asked Mother if there between aggressive were any relatives who would be willing to care for the children. children. Mother contacted the children's maternal grandmother, who stated that she was employed, that she was unable to care for the children, and that there were no other family members willing and able to care for A.G., Jo.P., and Ja.P..

Ja.P Mother stated that she did not have any friends or neighbors who could care for the children and that the children could not reside with their respective fathers. fathers. DHS advised Mother that the children could not remain in the home and Mother evicted DHS from from the home. home. ((DHS-Petition DHS-Petition for tor Involuntary Involuntary Termination of Parental Rights.

Rights. CP-51-AP-0000176-2023, Exhibit Exhibit "A," A," ¶ "e", e", filed 5/3/2023).

5/302023)

Page 44 Page On On June June 4, 2020, DHS obtained an Order of Protective Custody 4, 2020, Custody ((0PC) OPC) for A.G., A.G.. Jo.P., and

Ja.P. and placed placed them with police police assistance in aa First Choice foster home. home. ((DHS-Petition DHS-Petition for Involuntary Involuntary Termination of Parental Rights.

Rights. CP-51-A4P.0000176-2023, CP-51-AP-0000176-2023, Exhibit "A," A," ¶¢ 'T', f', fled filed 5/3/2023). At the shelter care hearing held for A.G., Jo.P., and Ja.P. 5/3/2023). Ja.P. on June 5, 2020, the Court OPC and ordered the temporary lifted the 0PC temporary commitment to stand. (DHS-Petition (DHS.-Petition for Involuntary Termination of Parental Rights.

Rights. CP.-51-AP-0000176.-2023.

CP-51-AP-0000176-2023, Exhibit Exhibit "A," A,""• ""g", g", filed 5/3/2023).

5/3/2023) 23. 2020.

On June 23. 2020, the Community Umbrella Agency Agency ((CUA) CUA) Northeast Treatment Center (NET) held a (NET) aSingle Single Case Planning Planning ((SCP) SCP) Meeting.

Meeting. Mother participated via telephone and Father did not did not participate. participate. Mother's Mother's objectives objectives were to maintain were to maintain stable stable housing; enroll in housing; enroll in and and comply comply with with aadual diagnosis diagnosis program; program; sign all necessary release of information documents documents (ROI); (ROI); cooperate with CUA; comply with CUA; comply with the Achieving Reunification Center Center (ARC); (ARC); and visit as allowed by the court order. court order. Father's objectives were Father's objectives were to sign sign all necessary ROI documents; cooperate with ROI documents, with CUA; and visit as allowed by the court order. The SCP goal for A.G., Jo.P., and Ja.P. A.G,Jo.P, Ja.P. was reunification reunification. (DHS-Petition for (DHS-Petition Involuntary Termination for Involuntary Termination of Parental Parental Rights. CP-5 I -AP-0000176-2023, Exhibit Rights. CP-5L-A4P-0000176-2023, A,""", "h", filed fled 5/3/2023).

5/3/2023) On July 8, 2020, July 8, adjudicatory hearing 2020, an adjudicatory hearing was was scheduled before the Honorable Deborah Canty. The hearing Canty. hearing was continued due to no Judge sitting. sitting. It was ordered that the adjudication was prior orders were deferred, and all prior wrere to stand. (DHS-Petition for Involuntary Termination of Parental Rights. CP-5I -AP-0000176-2023, Exhibit Rights. CP-51-AP-0000176-2023, Exhibit "A," A," T1 (","i", filed 5/3/2023) 5/3/2023).

July 14, On July 14, 2020, an adjudicatory adjudicatory hearing was held before the Honorable Vincent W.

W Furlong.

Furlong. The hearing hearing was continued due to counsel being for Father at the bar of the being appointed for court. The Count court. Court further ordered the temporary temporary commitment to stand; and adjudication was

Page 5 Page deferred. (DHS-Petition deferred. (DHS-Petition for Involuntary Termination of Parental Rights.

Rights. CP-51-AP.0000176- CP-51-AP-0000176- 2023, Exhibit Exhibit"A," ¶ "j A,"j", ", filed 5/3/2023).

5/3/2023) July 29, On July 29, 2020, an adjudicatory adjudicatory hearing hearing was held before the Honorable honorable Deborah Canty Canty.

hearing was continued so that all the siblings The hearing siblings" cases could be joined. joined. The Court further ordered the temporary temporary commitment was to stand; and the adjudication adjudication was deferred. deferred. ((DHS-Petition DHS-Petition for Involuntary Involuntary Termination of Parental Rights. CP-51-AP-0000176-2023, Exhibit A,"" "A," ¶ "k", "", filed 5/3/2023).

5/3/2023) On August 20. 2020, an adjudicatory August 20, adjudicatory hearing was held before the Honorable Vincent W.

Furlong. The hearing Furlong. hearing was continued for further investigation. investigation. The Court ordered the temporary deferred. (DHS-Petition commitment to stand; and adjudication was deferred. (DHS-Petition for Involuntary Termination of Parental Rights.

Rights. CP-51-4P-0000176-2023, CP-5 I - AP-0000176-2023, Exhibit "A," ¶ "I", filed 5/3/2023) A,"I", 5/3/2023).

On August August 20, 2020, an adjudicatory adjudicatory hearing was held regarding A.G.

A.G. The Honorable Vincent W W. Furlong adjudicated adjudicated A.G.

A.G. dependent and found that A.G.

A.G. was without proper care or control, subsistence, education as required required by law, or other care or control necessary for his physical, mental, or emotional health, or morals.' The Court ordered A.G. was to be fully physical, committed to DHS.

DHS The Court further ordered that Mother was to be referred to the Clinical Evaluation Unit Unit (CEU) (CEU) for aadual diagnosis assessment and three random random drug screens when the CEU resumed operations. operations. The Court also ordered that Mother was to have supervised visits with A.G. at the agency. agency. (DHS-Petition (DHS-Petition for Involuntary voluntary Termination of Parental Rights.

Rights. CP-5-AP- CP-51-AP- 0000176-2023, Exhibit 0000176-2023, Exhibit "A," "m", "A," ¶" "m", filed 5/3/2023). fled 5/3/2023) On September September 16, 2020, an adjudicatory hearing was held before the Honorable Vincent W. Furlong. The hearing W Furlong. continued. The Court ordered the temporary commitment to stand; hearing was continued.

"only Only the adjudicatory hearing for A.R..was A.R.G. was held on this date date. The he adjudicatory hearings for Jo.P. a. and Ja.P. Jo.. an occurred at alter alater date date.

Page 6 Page 6 and the the adjudication adjudication was deferred. The Court also also ordered that Mother Mother and Father Father were to be referred to Behavioral Health Services Services (BHS) for consultation/evaluation; and Father was to be referred to CEU for an assessment. (DHS-Petition (DHS-Petition for Involuntary Rights.

Involuntary Termination of Parental Rights Exhibit "A," ¶ "n", filed CP-51-AP-0000176-2023, Exhibit"A,"" fled 5/3/2023).

5/3/2023) On November 9, 2020, an adjudicatory adjudicatory hearing was scheduled before the Honorable Vincent W.

W. Furlong.

Furlong. The hearing hearing was continued for further investigation. investigation. The Count Court ordered the temporary temporary commitment to stand; and the adjudication adjudication was deferred. deferred. The Court also ordered that Mother and Father could have joint joint visits if there was no conflict. ((DHS-Petition DHS-Petition for Involuntary Termination of Parental Rights. CP-5I-AP-0000176-2023, Exhibit "A," Rights. CP-51-AP-0000176-2023, ¶ "o", filed 5/3/2023).

A,"o", December 10, On December 10, 2020, 2020, the the CUA NET held held a a SCP Meeting.

Meeting. Mother and father father did not participate. Mother's objectives participate. objectives were to maintain stable housing; enroll in and comply with a a dual diagnosis program; sign diagnosis program, sign all necessary necessary ROI documents; cooperate with CUA, CUA; comply with ARC, ARC; and visit as allowed by the court order order. Father's objectives were to sign all necessary ROI cooperate with CUA; obtain stable housing; comply with BHS; comply with CEU; documents; cooperate and visit as allowed by by the court order order. The The SCP goal goal for the Children was reunification. reunification. (DHS- (DHS- Petition for Involuntary Termination Termination of Parental Rights.

Rights. CP-51-AP-0000176-2023, Exhibit Exhibit "A," "A," ¶ "p", filed 5/3/2023) p". 5/3/2023).

On December 23, 2020, an adjudicatory hearing was scheduled before the Honorable Vincent W.

W Furlong. hearing was continued.

Furlong. The hearing continued. The The Court ordered the temporary temporary commitment stand; and the to stand; the adjudication adjudication was deferred. deferred. The Court also ordered that Father Father was was to to be referred referred to to BHS for consultation/evaluation forthwith. The Court ordered that CUA was to consultation/evaluation fonthwith, to assist with obtaining appropriate bedding; obtaining bedding; was to conduct Pennsylvania State Police; Child Line; and Federal Bureau of Investigation Investigation (FBI)'clearances (FBI clearances on paternal aunt and uncle forthwith, forthwith; and if cleared, Jo.P. Jo.P

Page 77 and Ja.P. Ja.P may moved. ((DHS-Petition may be moved. DHS-Petition for Involuntary Termination of Parental Rights.

Rights. CP-51- AP-0000176-2023, Exhibit A,""q", Exhibit"A," ¶ "q", filed 5/3/2023). filed 5/3/2023) At the permanency review hearing held on January 14, 2021, the Count permanency review Court granted a a continuance due to the unavailability of the hearing officer. The Court ordered that A.G.

A.G. was to placed. (DHS-Petition remain as committed and placed. (DHS-Petition for for Involuntary Termination of Parental Rights Rights.

CP-51-AP-0000176-2023, Exhibit CP-51-AP-0000176-2023. A," ¶"r", Exhibit "A," "r", filed fled 5/3/2023).

5/3/02023) On February 10, 2021, an adjudicatory hearing was scheduled before the Honorable Vincent W. Furlong.

Furlong. The hearing was continued due to no judge sitting. sitting. ((DHS-Petition DHS-Petition for Involuntary Involuntary Termination of Parental Rights. CP-51-AP-0000176-2023, A," T"s", filed CP-51-AP- 0000176-2023, Exhibit ""A,"s", 5/3/2023).

5/3/02023) On March 30, 2021, an adjudicatory hearing was held for Jo.P. Jo.P and Ja.P. The Honorable Vincent W. Furlong adjudicated adjudicated the Children dependent and found that they were without proper care or control, subsistence, education as required by law, or other other care or control necessary for his physical, mental, or emotional health, or morals. morals. The Court ordered the temporary commitment discharged and that the Children be frilly discharged fully committed to DHS. The Court further ordered that CUA/DHS was to make retroactive kinship payments to paternal aunt and uncle to the date of CUA/D)HS placement. (DHS-Petition placement. (DHS-Petition for Involuntary Termination of Parental Rights.

Rights. CP-51-AP-0000176- 2023, Exhibit 2023, "A." "T" Exhibit "A," t", filed ", filed 5/3/2023) 5/3/2023).

At the permanency permanency review hearing on March 31, 2021, the Court ordered that A.G.

A.G. remain as committed and placed; that Mother was to have two hour supervised community visits, visits; and visitation may have been modified by the agreement of the parties. The Court further ordered that Mother was to be referred to CEU for a a forthwith drug screen and random random drugs screens prior to the next court date; was to be referred to aaprivate facility for random drug screens if CUA could he

Page 8 Mother; and was to not send Mother; to be rereferred to ARC.

ARC. The Court also ordered that CUA was to follow The Cour up with a up housing referral for Mother; CUA was to assist Mother with transportation if necessary; a housing CUA was to continue to explore explore family family members; and sibling's cases were to be linked for the next date. ((DHS-Petition court date. DHS-Petition for Involuntary Termination of Parental Rights. CP-51-AP-0000176- "A," ¶ "u", 2023, Exhibit A," u", filed 5/3/2023). fled 5/302023) On June 1, 1, 2021, the CUA NET held aaSCP Meeting.

Meeting. Mother and Father did not participate. participate Mother's objectives objectives were to maintain stable housing; enroll in and comply with aadual diagnosis program; sign all necessary program, sign necessary ROI documents; cooperate with CUA; comply with ARC; and visit as by the court order. Father's objectives were to sign all necessary allowed by necessary ROI documents, documents; cooperate with CUA; obtain stable housing; comply with The Wedge treatment program; and visit by the count as allowed by court order order. The SCP goal for A.G.

A.G. was reunification; and Jo.P. Jo.P and Ja.P. Ja.P. was stabilization. (DHS-Petition stabilization. (DHS-Petition for Involuntary Involuntary Termination of Parental Rights. CP-51-AP-0000176- Rights. CP-51-AP-00001 76- 2023, Exhibit A,""v, Exhibit "A," ¶ "v", filed fled 5/3/2023).

5/3/2023) permanency review hearing At the permanency hearing held on August 4, 2021, the Court granted a August 4,2021, acontinuance at the request request of the Assistant City Solicitor so that the matter could be heard by a a Judge. The Court ordered that all prior orders were to Count to stand. (DHS-Petition (DHS-Petition for Involuntary Termination of Parental Rights.

Rights. CP-51-AP-0000176-2023, Exhibit Exhibit"A," 9"w", filed 5/3/2023) A,"w, 5/3/2023).

At the permanency review hearing permanency review Court found that no Family hearing on October 13, 2021, the Count Finding Finding Report Report was submitted as the assigned assigned worker was no longer with CUA, CUA; and Jo.P. and Ja.P Ja.P. had current Individual had current Individual Education Education Plan's Plan's (IEP's). (IEP's). The The Court ordered that Court ordered that A.G., A.G, Jo.P. and Ja.l'.

Jo.P. and Ja.P. were were to to remain remain as committed and as committed and placed; placed; that that Mother's Mother's visitation with A.G.. visitation with Jo.P. and A.G.. Jo.P and Ja.P. Ja.P. were were to to remain as previously previously ordered; and Father was to have liberal supervised visits with Jo.P Jo.P. and Ja.P Ja.P. as arranged arranged and supervised by the caregivers. caregivers. The The Court further ordered that Mother was to be

Page 9 Page9 referred to CEU for monitoring. monitoring. The Court also ordered that Mother's drug and alcohol treatment program was to provide program provide CUA with an updated updated treatment plan and progress notes prior to the next date; CUA was to ensure sibling court date; sibling visits continued; CUA was to submit aaSafety Affidavit within seven days; days; CUA was to update update the Family Family Finding Report, Report; and it it was to be PACFile within days and ten days ten days days prior date. (DHS-Petition for Involuntary Termination ot prior to the next court date. of Parental Rights. CP-51-AP-0000176-2023, Rights. CP-51 AP-0000176-2023, Exhibit "A," ¶ "x", filed 5/3/2023) A,""", 5/3/2023).

On November 30, 2021, the CUA NET held aaSCP Meeting.

Meeting. Mother and Father did not participate. Mother's objectives were to maintain stable housing; in and comply with aadual housing, enroll in diagnosis diagnosis program; sign all necessary program; sign necessary ROI documents; docurents; cooperate with CUA; comply with ARC; by the court order and visit as allowed by order. Father's objectives were to sign all necessary ROI cooperate with CUA, documents; cooperate CUA; obtain stable housing; comply with The The Wedge treatment program; and visit as allowed by program; court order by the count order. The The SCP goal for A.G.

A.G was reunification; and Jo.P. Jo.P and Ja.P. stabilization. (DHS-Petition JaP. was stabilization, (DHS-Petition for Involuntary Termination of Parental Rights.

Rights CP-51-AP-0000176-2023, CP-51-AP-0000176-2023. Exhibit Exhibit"A,"$ "y", filed 5/3/02023) A,"""y", 5/3/2023).

At the permanency permanency review review hearing hearing held on January 5.

5, 2022, the Court granted a a continuance at Father's counsel's request that the matter be heard by aaJudge.

Judge. The Court further ordered that CUA was to submit aaSafety Safety Affidavit within seven days; aaFamily Finding Report was to be PAC Filed ten days prior prior to the next court date; and all prior orders were to stand. stand. (DHS- (DHS- Petition Ibr Involuntary Petition for Involuntary Termination Termination of Parental Rights. CP-51-AP-0000176-2023, Exhibit Rights. CP-51-AP.0000176.2023, Exhibit "A." A.""¶ "z".• filed 5/3/2023) 5/3/2023).

The Court granted granted Father's Counsel's request request to to continue the permanency permanency review hearing scheduled for Februai-y• February 17, 2022.

2022. (DHS-Petition (DHS-Petition for Involuntary Termination of Parental Rights Rights.

CP-51-AP-0000176-2023. Exhibit CP.51-AP-0000176-2023. A,""aa", Exhibit "A," ¶ "aa", fled filed 5/3/2023).

5/302023)

Page 10 At the permanency permanency review hearing on March 25, 2022, the Court ordered that A.G., Jo.P. Jo.P and Ja.P. were to remain as committed and placed; that Mother's visitation with A.G., Jo.P. and A.G. Jo.P. Ja.P. Ja.P. was to remain as previously ordered. The Court further ordered that Mother was to comply previously ordered. with SCP objectives; objectives; and was to to enroll in a a drug and alcohol treatment program. program. The Court also ordered that CUA was to explore explore sibling visits separate from Mother's; and CUA was to explore voluntary relinquishment voluntary relinquishment of parental parental rights rights with Father.

Father, ((DHS-Petition DHS-Petition for Involuntary Termination of Termination of Parental Parental Rights. CP-51-AP-0000176-2023, Exhibit Rights. CP-51-AP-0000176-2023, Exhibit`'A," A,"" ¶ "bb", filed 5/3/2023). bb", filed 5/3/2023) On May May 10, 2022, CUA NET held aaSCP Meeting. Mother and Father did not participate participate.

objectives were to maintain stable housing; enroll in and comply with aadual diagnosis Mother's objectives program; program, sign all necessary ROI; cooperate with CUA; comply with ARC; and visit as allowed by the court order order. Father's objectives objectives were to sign all necessary necessary ROI; cooperate with CUA; CUA, obtain stable housing,; housing; comply with The Wedge treatment program; and visit as allowed by the court order. The SCP goal goal for A.G. was reunification; and Jo.P. and Ja.P. was stabilization.

A.G.was stabilization. (DHS- (DHS- Petition for Involuntary Involuntary Termination of Parental Rights. CP.51-AP-0000176-2023, CP-51-AP-0000176-2023, Exhibit Exhibit"A," A," ¶ "cc", filed 5/3/2023). ec", 5/3/2023) At the permanency review hearing held on June 22, 2022, the Court granted aacontinuance due to the unavailability of the Guardian Ad Litem Litem (GAL) (GAL) and Mother's counsel. counsel, ((DHS-Petition DHS-Petition for Involuntary Involuntary Termination of Parental Rights. CP-SL.AP.0000176-2023, CP-51-AP-0000176-2023, Exhibit "A." A." ¶ "dd", dd", filed 5/3/2023).

5/3/2023) At the permanency permanency review hearing hearing on August August 18, I8, 2022, the Court found that A.G. and Jo.P Jo.P. had current IEPs; Ja.P. received autism services.

IEPs; and Ja.P services. The Count Court ordered that A.G., Jo.P. and Ja.P A.G.. Jo.P Ja.P. were to remain as committed and placed; Jo.P. and Ja.P. was placed; that Mother's visitation with A.G.. Jo.P to be be supervised supervised at the agency; agency; and Father's visits were modified to weekly supervised visits at the

Page 11 Page 1l agency. agency. The Court further ordered that CUA was to provide A.G., Jo.P. Jo.P. and JaP.

Ja.P. with clothing vouchers; vouchers; CUA was to re-refer kinship referral; CUA was to assist grandfather with alternative fingerprinting location; and the assistant city fingerprinting location; city solicitor was to conduct aa Parent Locator Search (PLS) for Mother (PLS) Mother. (DHS-Petition Involuntary Termination of Parental Rights. CP-51-AP- (DHS-Petition for Involuntary "A," ¶ "ee", 0000176-2023, Exhibit A,"" ee", filed 5/3/2023).

5/3/2023) 31, 2022, On October 31, 2022, CUA NET held a a SCP Meeting.

Meeting. Mother and Father did not participate. objectives were to maintain stable housing; enroll in and comply with aadual participate. Mother's objectives diagnosis program; sign diagnosis program, sign all necessary necessary ROI documents; cooperate with CUA; comply with ARC; and and visit as allowed by by tthe he court order. Father's objectives were to sign all necessary ROI cooperate with CUA; obtain stable housing; documents; cooperate housing, comply with The The Wedge treatment program; and visit as allowed by program; order. The SCP goal for A.G. was adoption; and Jo.P by the court order. Jo.P. and Ja.P. Ja.P was reunification. (DHS-Petition (DHS-Petition for Involuntary Termination of Parental Rights.

Rights. CP-51- AP-0000176-2023, AP-00001 76-2023, Exhibit Exhibit "A," "A," ¶ IT', " ff", filed led 5/3/2023).

5/3/2023) At the permanency permanency review hearing hearing on November 10, 2022, the Court found that Father was not compliant compliant with the permanency plan. The Court ordered that A.G., Jo.P permanency plan. Jo.P. and Ja.P. Ja.P were to remain committed and remain as committed and placed. placed. The Court further The Court further ordered ordered that that Mother was to Mother was to be be referred referred to to CEU CEU for one random drug drug screen prior prior to the next court date; was to attend drug and alcohol treatment; and was to continue attending attending therapy. therapy. The Court also ordered that CUA was to setup supervised visits with parents appropriate; was to complete clothing inventory and provide aa clothing parents if appropriate; voucher if necessary. necessary; CUA was to continue to make outreach to parents; and all prior prior orders regarding regarding Mother Mother were were to stand. (DHS-Petition to stand. (DHS-Petition for for Involuntary Involuntary Termination Termination of Parental Rights. of Parental Rights.

CP-51-AP-0000176-2023, Exhibit A," CP-51AP-0000176-2023, "A," ¶"gg", "gg", filed 5/3/2023).

5/3/2023)

Page 12 At the permanency review hearing on February February 3, 2023, the Count Court found that Father was plan. The Court ordered that A.G., Jo.P. minimally compliant with the permanency plan. and .Ia.P. Jo.P. and Ja.P. were to remain as committed and placed; Mother was to have supervised visits at the agency; and Father was to have weekly supervised visits at the agcney agency with 24 hour confirmation, confinnation. The Court further ordered that Mother was to be referred to CEU for a a forthwith drug screen, dual diagnosis assessment, and three random drug screens prior to the next court date; date: Mother Mother was to avail herself to CUA; Father was to be referred to BHS for a a consultation/evaluation. consultation/evaluation The The Court also ordered that CUA was to follow up with resource parent to Ja.P.'s to coordinate Jo.P. and Ja.P 's autism evaluations; Ja.P. was to be referred to BIHS BHS for for a psychological evaluation and medication management a psychological management if appropriate, forthwith; CUA was to obtain consents for Ja.P Ja.P.'s 's required required treatment; treatment, and PLS was to be conducted on Mother.

Mother (DHS-Petition Involuntary Termination of Parental Rights. (DHS.Petition for Involuntary Rights. CP-51- Exhibit "A," AP-0000176-2023, Exhibit A,""¶ "hh", hh", tiled 5/3/2023). filed 5/3/2023) On April 18, 2023, the CUA NET NE7' held a a SCP Meeting.

Meeting. Mother and Father did not participate. participate. Mother's objectives were to maintain stable housing; enroll in and comply with aadual diagnosis program; program, sign all necessary ROI documents: cooperate with CUA.

CUA: comply with ARC; and visit as allowed by the court order. Father's objectives objectives were to sign sign all necessary RO1 ROI documents; cooperate with CUA; obtain stable housing; housing; comply with The Wedge Wedge treatment program; and visit as allowed by the court order. order. The SCP goal for A.G. was adoption: adoption: and Jo.P. Jo.P and Ja.P. Ja.P. was reunification. reunification. (DHS-Petition for Involuntary Termination of Parental Rights.

Rights. CP-51- AP-0000176-2023, Exhibit A," T' "ii Exhibit"A," "ii".", filed 5/3/2023).

Reunification with Mother is not a aviable permanency permanency option as she has failed to comply comply with her parental objectives. objectives. Mother has has failed to consistently attend the children's court hearings hearings.

Mother has failed to consistently visit, plan for, or provide financial support for her children

Page 13 Page 13 throughout throughout their time in placement. placement. The conditions that necessitated the children's placement continue to exist and are not likely likely to be remedied in a a reasonable time.

STANDARD OF REVIEW AND LEGAL ANALYSIS When reviewing appeal from a reviewing an appeal a decree terminating parental rights, an appellate Court is determining whether the decision of the trial court is supported by competent evidence. limited to determining evidence See In Ire,•eK.C. W.,689 K.C.NW, 689 A.2d 294,298 294, 298 (Pa. (Pa. Super. 1997).

1997). Absent an abuse of discretion, an error of law, or insufficient evidentiary law, or evidentiary support support for the trial court's decision, the decree must stand. stand. Where atrial court has granted atrial granted aapetition petition to involuntarily involuntarily terminate parental rights, an appellate court must hearing judge's accord the hearing judge's decision decision the same deference it it would would give to to a verdict. In a jury verdict. Chilcl In re Child Pa.Super. 230,681 M, 452 Pa.Super. 230, 681 A.2d 793,800 793, 800 ((1996).

1996). Appellate courts have expressed their deference to trial courts that often have first-hand observations of the parties spanning multiple hearings. hearings. In re TS.M., TS.M, 71 A.3d 251 (Pa. 7I A.34 (Pa. 2013). In re 2013). I i-e Adoption of oJ'C.D.R., CD.R, l11A.3d A.3d 1212 1212 ((Pa. 2015).

Pa. 2015). Te The Pennsylvania Superior Pennsylvania Superior Court need only agree need only agree with a a trial trial court's decision as as to any one subsection subsection under 23 P.C.S.A. §$2511(a) under23 2511(a) to affirm aatermination of parental rights. In re D.A.T., D.A.T,9191 A.34 A.3d 197 (Pa. Super (Pa. Super. 2014) 2014).

parental rights is governed by Termination of parental by §$251l 2511 of the Adoption Act, Act. which requires a a bifurcated analysis analysis.

Our case law has made clear that under §2511, 52511, the court must engage in aa bifurcated process process prior to terminating parental rights. Initially, the focus is on the conduct of the parent. parent. The party seeking termination must prove by clear and convincing and convincing evidence evidence that the the parent's parent's conduct conduct satisfies the the statutory statutory grounds for for termination termination delineated in in §82511(a).

2511(a). Only Only ifif the the court determines thatthat the the parent's parent's conduct warrants termination of his or her parental rights does the court engage in engage in the the second part of the second pant the analysis analysis pursuant pursuant to §$2511(b): 2511 ( b): determination of of the the needs needs and welfare welfare of the the child under thethe standard standard of best interests interests of the the child. major aspect child. One major aspect of the needs and welfare analysis concerns the nature and status of the emotional bond between parent parent and child, with close attention paid paid to the effect on the child of permanently severing any such bond. bond

I4 Page 14 In re LM, Ire L. Al., 923 923 A.2d 505,511 505, 511 (Pa. Super. 2007)(citing23Pa.CS. (Pa. Super 2007) (citing 23 Pa.C.S. 5 § 2511, other citations omitted) omitted).

The burden is upon upon the petitioner petitioner to prove by clear and convincing evidence that the asserted grounds for seeking grounds seeking the termination of parental rights rights are valid. valid. R.N.J., R.NJ, 985 A.2d at 276.

With regard § 2511 (b), the Superior Court has explained that: regard to $2511(b), that Subsection 2511(b) focuses on whether termination of parental rights would best serve the developmental developmental.. physical, physical, and emotional needs and welfare of the child. child. In In C.M.S., 884 A.2d 1284, 1287 In re CM.S, 1287 (Pa. (Pa. Super. Super. 2005), the Superior Court stated, stated, "Intangibles such as love, comfort, security, and stability are involved in the inquiry into the needs and welfare of the child." In addition, the Court instructed that the trial court must also discern the nature and status of the parent-child parent-child bond, with utmost attention to the effect on the child of permanently severing that bond. permanently bond. Id. However, in cases where there is no evidence of a a bond between a a parent and child, itit is reasonable to infer that no bond exists. In re K.ZS.. exists. Ire K.Z.S., 946 A.2d 753, 762-63 762-63 (Pa. (Pa. Super. Super 2008).

2008). Accordingly, the extent of the bond-effect analysis necessarily depends on the circumstances of the particular case. Id. particular case. Id, at 763. In re re .4dopiion ofJ.M., Adoption of JAM, 991 A.2d A.24 321, 324 ((Pa Pa. Super. 2010).

Super. 2010) A.R.G. was adjudicated dependent on December 23, 2020, and Jo.P. Jo.P and Ja.P. were adjudicated dependent on March 30, 2021. The record and testimony presented at the Termination adjudicated Hearing Hearing demonstrated Mother's and Father's inability to remedy the conditions that brought the care.

Children into care The trial court noted that the Children are placed in kinship care with supportive caregivers caregivers.

The trial count court found that the testimony and evidence indicated that the Children and their caregivers share parental caregivers parental bonds, and the caregivers are providing for the Children's daily emotional and physical needs. In contrast, the trial court found that Mother and Father lacked the physical needs. capacity and understanding to address their Children's basic emotional and physical needs. capacity needs Consequently, documents and testimony presented at the termination hearing provided the trial Consequently, court clear and convincing evidence to terminate Mother's and Father's parental rights and rule

Page 15 Page 15 that the termination of these rights rights would be in the best interests of the children pursuant to 23 Pa. §§ 251 l ( a)(1)(2)(5)(8) 5 and 23 Pa.C.S.A.

C.S.A. $$2511(a)01)02)(5)(8) Pa.C.S.A. §$ 2511(b) 2511()°6.

July 6, 2023, this Court began On July began hearing hearing testimony regarding aa petition to terminate Mother's and Father's parental rights. rights. This petition was filed over aayear prior to the date of the hearing. hearing. Testimony Testimony was also taken on November 2, 2023 and the court announced its decision on that date.

The court heard testimony from the CUA case manager. The record and testimony presented at the Termination Hearing demonstrated Mother's and Father's ongoing inability to presented

( a) General rule.--The rights (a) 5 rights of aaparent parent in regard to aachild may be terminated after a in regard apetition tiled on any of the following grounds filed grounds: (I ) The parent (The by conduct continuing parent by continuing for aaperiod period of at least six months immediately preceding the filing filing of the petition either has evidenced aasettled purpose of relinquishing parental claim to taa child or has refused or failed to perform perform parental parental duties. duties (2) The repeated and continued incapacity, abuse, neglect or refusal of the parent has caused the (The child to be without essential parental parental care, control or subsistence necessary for his physical physical or mental well-being well-being and the conditions and causes of the incapacity, incapacity, abuse, neglect neglect or refusal cannot or will not be remedied by the parent. parent (5) The child has been removed from the care of the parent by the court or under aavoluntary (5)The agreement with an agency for agreement foe aaperiod of at least six months, the conditions which which led to the removal or placement placement of the child continue to exist, the parent parent cannot or will not remedy those conditions within aareasonable period of time, the services or assistance reasonably reasonably available to the parent parent are not likely likely to remedy remedy the conditions which led to the removal or placement placement of the child within a a reasonable period of time and termination of the parental parental rights rights would best serve the needs and welfare of the child. child (8) The child has been removed from the care of the parent (8)The by the court or under aavoluntary parent by agreement agreement with an agency. agency, 12 months or more have elapsed from the date of removal or placement, the conditions which led to tle placement, the removal or placement of the child continue to exist and termination of parental rights would best serve the needs an.d and welfare of the child child.

() 6(b) Other considerations.--The court in terminating the rights of a a parent parent shall give primary give primary consideration consideration to to the the developmental, developmental, physical physical and emotional needs and emotional and welfare needs and welfare of of the the child child. The The rights rights of aaparent shall not be terminated solely solely on the basis of environmental Factors such as inadequate housing, inadequate housing, furnishings, clothing and furnishings, income, clothing and medical care if if found found to to be beyond the be beyond control of the parent. parent. With respect respect to any any petition petition filed pursuant pursuant to subsection subsection (a)(1), (a)4/), ((6) 6) or or ((8), 8), the court shall not consider count consider any efforts by the parent parent to remedy remedy the conditions described therein which are first initiated ace first subsequent to initiated subsequent giving of to the giving of notice notice of of the filing filing of the petition. the petition

Page 16 provide provide care for or control of their children. Their failure to remedy the conditions that brought the children into care indicated aacontinuing disregard of their parental duties duties.

Silvine Belzince testified that she is employed at CUA NET Community Care as aacase manager manager and that she has supervised ago. She testified supervised this case since its inception over three years ago. that this case came into care due to aalack of parental supervision, inadequate housing. housing, and drug concerns. The Children resided with Mother at the time they came into care. The and alcohol concerns.

Children have never resided witli with Father. The Children are currently placed with their paternal uncle and aunt aunt (N.T. (N.T. July 6, 2023, Volume 1, I, Page 11 1! to 13).

13) Ms. Ms. Belzince testified that Mother's SCP objectives have remained the same throughout case. the life of the case. Those objectives included enrolling in drug and alcohol treatment and following the recommendations of the treatment program, signing all releases, obtaining safe and stable housing, housing, visiting visiting the children as ordered, and attending mental health counseling. counseling. (N.T. (NT, November 2, 2023, Volume I.

1, Page 15).

15). Ms. Belzincc Belzince stated that Mother reaches out to her often by telephone by telephone and that she goes goes over Mother's SCP objectives with her. She estimated that she has contact with mother at least two times per per month. month. She has invited Mother to attend SCP meetings, but Mother has not attended aasingle meeting for the life of of the case. case. (N.T. (NT November 2. 2023, Volume 1, I, Pages Pages 15 to 16).

16) Ms. Ms. Belzince testified that Mother has never gone to the Clinical Evaluation Unit Unit (CEU) (CEU) for drug and alcohol screens or assessments as ordered. She stated that Mother told her she did not need to go go because she has aamental health problem problem and not aadrug or alcohol problem. problem. (N.T. (N.T November 2, 2. 2023, Volume 1, , Page 17). Regardless, she was ordered to be assessed for drug and Page 17). alcohol treatment and never presented herself for an assessment. assessment

Page 17 Mother has never obtained safe and stable housing at any point during the pendeney pendency of the case. She reported to Ms. Belzince that she resides in shelters and with aafamily friend. friend. She has never provided provided the identity identity or the address of the family family friend to CUA.

CUA. Mother was referred to the Achieving Achieving Reunification Center (ARC) (ARC) for housing and parenting counseling. counseling. Mother never followed through with the housing component and never attended parenting classes despite both efforts being part pant of her SCP objectives. objectives. (N.T. (N.T November 2, 2023, Volume I.

1. Pages 18-19) 18-19).

provided once a Mother was provided a week supervised hour-long visits with the children at the CUA. At one point, earlier on in the case, Mother progressed to two-hour long visits with A.R.G.

CUA. in the community. community. Ms. Ms. Belzince testified that Mother never completed aatwo-hour community A.R.G. but rather continued with one-hour visits at the ageney. visit with A.R.G. agency. Mother told Ms. Belzince that she did not want to do the two-hour visits in in the community because she did not knoNN know what to do with A.R.G.

A.R.G. for two hours in the community. community. Ms. Belzince told the court that Mother does not stay in touch with the children by telephone and does not ask her how the children are doing in the resource home. home. She noted that Mother has never participated in medical appointments for the children and does not give them gifts on holidays or their birthdays. birthdays. Ms. Ms. Belzince testified that Mother's overall compliance with her SCP objectives is minimal. minimal. She also stated that Mother's progress progress toward reunification with the children is minimal. minimal. (N.T. (N.T November 2, 2023, Volume I, 1, Pages 20 10 to 24).

24) A.R.G. was initially A.R.G. initially placed with aafoster parent in a adifferent home than Jo.P Jo.P. and Ja.P. Ja.P. He lie did not want to stay in that home and wanted to be placed with his told Ms. Belzince that he siblings. He was moved to same home as his brothers in September of 2023. siblings. 2023. Ms. Ms. Belzince testified A.R.G. is doing well in the home and maintains good grades at school despite some behavioral that A.R.G.is issues. She noted that he issues. lie has adjusted well in the kinship home. home. A.R.G.

A.R.G. has expressed to Ms. Ms

Page 18 Belzince that he does not want to see Mother Mother. He feels that Mother let him him down and does not want to be his mother. mother She noted that he has no bond with Mother and wants someone who will love him. him». She testified that A.R.G.

A.R.G. would not suffer any irreparable harm if Mother's parental rights were terminated. rights terminated. ((N.T.

N.T. November 2, 2023, Volume 1, I, Pages 25 10 to 31).

31) Ms. Ms. Belzince testified that at the time of the hearing, Jo.P Jo.P. and Ja.P. Ja.P had resided with the resource parent years. She informed the court that Jo.P. parent for over two years. JoR is doing extremely well in the home and in school. She noted that he has a a loving relationship with his Aunt who he refers as "Mom" to as Mom" and his Uncle who he calls "Uncle" because Father corrected him about calling him "Dad." Jo.P. looks to his Dad." She testified that Jo.P his resource family for Jo.P. has for all his daily needs. Jo.P has not not asked to see Mother or Father.

Father She added that Mother has never reached out to her to see how Jo.P. is doing doing in placement placement and has never given him any gifts. gifts. Ms. Ms. Belzince testified that Jo.P Jo.P. shares no bond with Mother but is bonded to his current caregivers. Jo.P Jo.P. has stated that he believes his Mother does not want him him and has commented on the fact that she does not come to visits. le He has informed Ms. Belzince that he is happy with the resource family and wants to stay there. there. (N.T. (N.T November 2, 2023, Volume I, 1, Pages 33 to 39). t0 39) Ja.P. is placed placed with his brothers with his paternal uncle and aunt. aunt. He is nonverbal and is autistic. He attends a autistic. aschool that specializes specializes in educating autistic children. children. Ms. Ms. Belzince testified that he looks to the resource parents as his actual parents. She noted that his Aunt, with whom whom he lives, is aaspecial education teacher whose background is very helpful in dealing with Ja.P. Ja.P. She noted that Ja.P. Ja.P. looks to his current caregivers for all his needs. needs. Mother and Father have never reached out to see how Ja.P. is doing with the resource family and has never participated in any of his medical appointments. appointments. Ms. Belzince testified that she did not believe Ja.P Ja.P. would suffer any

Page 19 irreparable harm if Mother's parental rights irreparable rights were terminated. terminated. (N.T. (N.T November 2. 2023, Volume 1, to 45). , Pages 40 10 Child advocate, Lisa Visco, Esquire, Esquire, provided an oral report regarding aameeting she had court. She stated that all three children want to stay with their resource with the children to the court. family family and do not want to see Mother or Father.

Father. (N.T. (N.T November 2, 2023, Volume I, 1, Page 58).

58) Mother claims that her due process process rights were violated because she was not provided notice of the termination and goal change petitions and notice of the hearing dates, dates. On July 6, 2023, counsel for DHS told the court that service for Mother was attempted by mail and personal service at two separate separate addresses. addresses. At the time of the hearing, counsel for DHS was unable to locate proof proof that aa PLS search for Mother had been completed. This court bifurcated the hearing and heard no testimony regarding Mother on that date. testimony regarding date. The court continued with the hearing on November 2, 2023.

2023. (N.T. (N.T. July July 6, 2023, Volume 1, I, Pages 8Sto 10). On that date, DHS provided aa PLS search for Mother that was completed completed three months prior to the Petitions to Terminate Mother's and Father's parental parental rights. rights. (N.T. (N.T November 2. 2023, 1, Pages 6.7).

202, Volume I, 6-7). During the hearing date. Ms. hearing on that date, Ms. Belzince testified that she spoke to Mother and that she informed Mother of the upcoming upcoming court date for the termination of parental rights hearing. hearing. She confined contirnied date. (N.T. that Mother was aware of the court date. 1, Page 33). (NT November 2, 2023, Volume I, 33) It was clear from the testimony that a a parent/child bond existed between the Children and their current caregivers. caregivers. The testimony of Ms. Ms. Belzince was deemed to be credible and accorded great weight. great weight. Mother's lack of any any progress progress for the life of the case, and her absence from SCP meetings, meetings, visits, visits, and and court hearings hearings was was obvious and and telling. It lt was was also also clear clear to to the the Court that DHS followed all appropriate measures to serve Mother notice no:ice of the proceedings and that CUA had informed Mother of the hearing date. hearing date. This court finds that Mother was aware of the

Page 20 proceedings and the hearing dates and willfully failed to appear. proceedings appear. A A termination of parental rights hearing hearing is not aagame game of hide and seek and Mother may not benefit from Mother may from her conscious decision to not appear appear for the hearing hearing despite despite having actual knowledge of its existence and the date on oil which inability, or unwillingness, to accomplish her SCP objectives throughout it was to occur. Mother's inability, the history history of the case proved proved to the trial court that the conditions which brought the Children into care had not been remedied. been remedied CONCLUSION Based upon upon the testimony testimony at at the Termination of Parental Rights Hearing as well as the documents documents in evidence, the trial trial court finds finds that clear and and convincing evidence existed to to terminate both parents' parents' parental parental rights pursuant to 23 Pa. rights pursuant Pa. CS.

C.S. 2511(a)(1) 2511(a)(1) (2)(5) and ((8). (2)(5) and 8). The trial court further finds that pursuant to 23 Pa. C.S. 2511(b), the termination of both parents' parental rights would not have aadetrimental effect on the Children and that it it was in the Children's best interests.

For the foregoing foregoing reasons, reasons, this trial court respectfully respectfully requests requests that the Order terminating Mother's and Father's Father's parental parental rights AFFIRMED. rights be AFFIRMED BY BY THE THE COURT

Date: 101 --:,) , I a `I J N P. SABATINA,

Page 21 Page 21 CERTIFICATE OF SERVICE lIhereby certify that aatrue and correct copy of the above-captioned Opinion was filed on above-captioned Opinion in the Court of Common Pleas of Philadelphia the undersigned date in County Family Philadelphia County Family Court Division and served by first class mail upon the following: following Ariel Torres, Esquire Philadelphia Law Department Department One Parkway Parkway 1515 Arch Stree.16 Street- IOh Floor poor Philadelphia, Philadelphia, PA PA 19102 19102 Attorney Attorney for DHS James Martin, Esquire James Martin, Esquire 1800 1800 John John F.

F. Kennedy Kennedy Boulevard, Boulevard, Suite 300 Philadelphia, PA PA 19103 Lisa Visco, Esquire Lombard Lombard St. St Philadelphia, PA 19147 Andre Andre Martino, Martino, Esquire Esquire 7435 Sprague Street Philadelphia, Philadelphia, PA PA 19119 19119 Gary Server, Esquire Esquire 52103 52103 Delaire Landing Delaine Landing Philadelphia, Philadelphia, PA 19114

Date: /U' 3 1J aV P. SABATINA, JR.,

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