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HomeMy WebLinkAboutCP-21-DP-0000175-2019 & 14 Adopt 2021 IN RE: ADOPTION OF J.L., a minor IN THE COURT OF COMMON PLEAS NINTH JUDICIAL DISTRICT CP-21-DP-175-2019 14 ADOPTION 2021 IN RE: 1925(a) OPINION HYAMS J. 27, JULY 2021. PROCEDURAL HISTORY Father appeals the June 24, 2021 Order terminating his parental 1 rights involving son, J.L., and entered at CP-21-DP-175-2019. On January 27, 2020, J.L. was found to be dependent and placed in foster care. On March 18, 2021, Cumberland County Children and Youth Services petitioned for the rights, and a hearing was set for May 18, 2021. At the conclusion of 1 The instant appeal arises from a hearing held by the Honorable Thomas A. Placey Placey retired from the bench on June 2, 2021. However, because of a breakdown in the judicial administrative process, the termination of parental rights order was not signed and filed until the error was discovered on June 24, 2021, when this jurist was assigned the case. CP-21-DP-175-2019 14 ADOPTION 2021 testimony, the court announced parental rights were terminated 2 and an order would be forthcoming. Father timely filed a notice of appeal challenging the sufficiency of the evidence, and further avers the trial court 3 abused its discretion and erred as a matter of law. This opinion is in . FINDINGS OF FACT The following findings of fact are made exclusively upon review of the hearing transcripts, filings of record, and the trial 1. The child, J.L., was born on February 10, 2016, and is the offspring of Father and Brittney Frick (Mother). 2. J.L. has been placed in foster care for more than 15 months. 3. Father last cared for J.L. in October 2019. 4. Previously, Mother voluntarily terminated her parental rights over J.L. 5. was incarcerated in York County Prison and had been since February 9, 2021. 6. Cumberland County Domestic Violence Unit Officer Dana Brienza testified that Father was in York County Prison for violating parole, 2 Final Decree, September 3, 2020. 3 Statement of Errors Complained of on Appeal, July 1 2021. 2 CP-21-DP-175-2019 14 ADOPTION 2021 and as a result of this violation the County is recommending Father complete the original sentence. 7. Father was originally charged with simple assault on Mother and had an unserved sentence balance of approximately 241 days. 8. The ABC parenting educator testified Father was untruthful about his relationship with Mother and failed to take accountability for his actions and the resulting impact upon his son. 9. Father ended involvement with ABC parent education services after nine sessions; ABC determined that services for Father were exhausted and not effective. 10. Between February and September 2020, ABC offered Father 25 visits. Father accepted 16 visits (64% attendance) and was late 33% of the time he did attend. 11. Although J.L. is nonverbal and autistic, Father has never attended medical appointments, nor has Father been involved with IEP planning and other educational decisions. 12. Three times a week J.L. receives speech and occupational therapy through the Capital Area Intermediate Unit. 3 CP-21-DP-175-2019 14 ADOPTION 2021 13. Foster parents are grandparents to an autistic child and are familiar with caring and medical services for autistic children. 14. Foster parents love and have bonded with J.L., and are willing to adopt J.L. into their family. DISCUSSION Statement of law: Termination of parental rights is controlled by 4 statute. In relevant part, the statute provides as follows: Grounds for involuntary termination (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 (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 (5) The child has been removed from the care of the parent by the court or under a voluntary agreement with an agency for a period of at least six months, the conditions which led to the removal or placement of the child continue to exist, the parent cannot or will not remedy those conditions within a reasonable period of time, the services or assistance reasonably available to the parent are not likely to remedy the conditions which led to the removal or placement of the child within a 4 See 23 Pa.C.S. § 2511. 4 CP-21-DP-175-2019 14 ADOPTION 2021 reasonable period of time and termination of the parental rights would best serve the needs and welfare of the (8) The child has been removed from the care of the parent by the court or under a voluntary agreement with an agency, 12 months or more have elapsed from the date of removal or placement, the conditions which led to the removal or placement of the child continue to exist and termination of parental rights would best serve the needs and welfare of the child. (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 the parent to remedy the conditions described therein which are first initiated subsequent to the giving of notice of the filing of 5 the petition. 6 Our appellate courts have determined that s basic constitutional right to the custody and rearing of his or her child is s failure to fulfill his or hes right to have proper parenting and fulfillment of his or her potential in a permanent, healthy, safe environment. 5 Id. at a(2), (5), (8) and (b). 6 In re B.L.L., 787 A.2d 1007, 1013 (Pa. Super. 2001)(internal citation omitted). 5 CP-21-DP-175-2019 14 ADOPTION 2021 When reasonable efforts to reunite a foster child with his or her biological parents have failed, then the child welfare agency must work toward terminating parental 7 rights and placing the child with adoptive parents. Application of law to facts: Father loves J.L. but is incapable of caring for his child. own calculations indicate that over the last year and a half, he has spent more than 550 days incarcerated for drug and domestic violence related crimes. A review of most recent criminal charges reveals that the circumstances thand placement continue to exist. Specifically, management problems, both of which continue unabated, notwithstanding the considerable resources offered to him by the Agency. While Father is unwell and unwilling to deal honestly with his domestic violence issues, J.L. is left without the crucial parental care and control necessary for his own well-being. illness and violence should not be inflicted upon the child. J.L. now appears to be in an environment with proper parenting, with people who are caring, dependable, and dedicated to the promotion of his development. Unlike with Father, who is unable to provide J.L. with a 7 In re Adoption of R.J.S., 901 A.2d 502, 507 (Pa. Super. 2006)(internal citations and quotations omitted). 6 CP-21-DP-175-2019 14 ADOPTION 2021 home, shelter, or other necessities. J.L. is now in a home that provides a healthy and safe environment. Father has failed to fully address or correct the addictive behaviors This reason alone is sufficient to affirm the termination of parental rights; however, the record is replete with other equally clear and convincing evidence his welfare. Many opportunities have been given to Father and sadly all have been missed; best interest. By the Court, ________________________ Carrie E. Hyams J. Distribution: Lindsay Baird, Esq. Tammi Blackburn, Esq. Robert Hawn, Esq. Damian DeStefano, Esq. Joseph Hitchings, Esq. 7