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HomeMy WebLinkAboutCP-21-JV-0127-2002 (2) IN THE MATTER OF AC. BORN JANUARY 14, 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CP-21-mVENILE 127 - 2002 IN RE: OPINION PURSUANT TO Pa. R.A.P. 1925 Guido, J., April , 2006 After a permanency review on November 9,2005 we changed the goal for AC. from "return home" to Adoption. 1 Notwithstanding the goal change, we allowed mother to continue to have contact with AC. through periodic visitation. We did this because the record was not clear as to the bonding, if any, between AC. and her mother. Therefore, we directed the agency "to obtain a bonding assessment between AC. and her mother to determine whether or not loss of contact will do damage to the child.,,2 On February 8,2006 and February 15, 2006 we conducted another permanency review in connection with the placement of AC. and her siblings. At the conclusion of those hearings, we ordered that visitation between mother and AC. cease. Mother has filed a timely appeal from that order alleging that we erred in terminating her visitation. As per our November 9, 2005 order a bonding assessment was performed by a Dr. Lillenstein. Mother, the foster parents and AC. all participated in the assessment. Despite the fact that AC. "did have a relationship with her Mom", Dr. Lillenstein recommended terminating visitation based upon the goal having been changed to 1 Mother's appeal from that order is still pending before the Superior Court. Our reasons for changing the goal are fully set forth in our 1925 Opinion dated February I, 2006. 2 See Order of Court dated November 9, 2005. NO. CP-21-mVENILE 127 - 2002 adoption.3 Knowing that the goal change is on appeal, and knowing that any decision on termination of parental rights would likely be appealed, we asked the doctor to be clear on his position in the following exchange: Q. Good afternoon, Dr. Lillenstein. This is Judge Guido. Can you hear me? A Yes, I can hear you fine. Q. I'm going to get to the visitation issue. We have changed the goal to adoption. The normal procedure is when a petition to terminate parental rights is filed we stop visitation, but who knows how long it may go on before we have a final decision in that regard. I'm not sure exactly what you're telling me. What is best for AC., to continue visitation with her mother until it's all over or to stop the visitation now? A I think it would be probably be best to stop the visitation. It sound like you're moving forward with the termination of parental rights and moving towards adoption. Just the fact that she has a relationship established, or at least appears to; with the foster parents I would be surprised if she would have a reaction that would be negative to the termination of the visitation. Q. Okay. That was my question. At the last hearing in this matter, I believe my order was to change the goal to adoption, but I directed the agency to forego filing a petition to terminate (mother's) parental rights because I wanted to make sure that cutting off contact with mother would not do any damage to AC. A Right. Q. I asked them to get your opinion on that. Can you give me your opinion on that? A Yeah. If! had observed AC. did not interact well with the (foster parents) I would have a different recommendation. If that were the case, I would have recommended that AC. continue to have visitation with her mother. But given the fact that I observed her to interact very well with both of the foster parents, my recommendation is what it is in the report.4 Based upon the doctor's recommendation, and being satisfied that the child would not be adversely affected, we terminated mother's visitation with AC. As we stated on the record: 3 Transcript of Proceedings, February 15, 2005, p. 14. 4 Transcript of Proceedings, February 15, 2006, pp. 15-16. 2 NO. CP-21-mVENILE 127 - 2002 THE COURT: I only asked for this assessment to make sure that I wasn't going to do damage to the child. I know I've done damage to the mother, and that breaks my heart, but that's not my job. My job is to focus on this child.5 DATE Edward E. Guido, J. Jane Adams, Esquire Lindsay D. Baird, Esquire Ruby Weeks, Esquire Michael Whare, Esquire CCC& YS Juvenile Probation :sld 5 Transcript of Proceedings, February 15, 2006, p. 18. 3