In re A.V.C.

• Decision Date: 09 February 2023
• Docket Number: 748 WDA 2022,749 WDA 2022,750 WDA 2022,757 WDA 2022,J-A29029-22,J-A29030-22
• Parties: IN RE: A.V.C., A MINOR APPEAL OF: E.L.E., MOTHER IN RE: S.B.W., A MINOR APPEAL OF: E.L.E., MOTHER IN RE: M.E.C., A MINOR APPEAL OF: E.L.E., MOTHER IN RE: S.B.W., A MINOR APPEAL OF: J.W.W., FATHER
• Court: Pennsylvania Superior Court

1

IN RE: A.V.C., A MINOR APPEAL OF: E.L.E., MOTHER IN RE: S.B.W., A MINOR APPEAL OF: E.L.E., MOTHER IN RE: M.E.C., A MINOR APPEAL OF: E.L.E., MOTHER IN RE: S.B.W., A MINOR APPEAL OF: J.W.W., FATHER

Nos. 748 WDA 2022, 749 WDA 2022, 750 WDA 2022, 757 WDA 2022

Nos. J-A29029-22, J-A29030-22

Superior Court of Pennsylvania

February 9, 2023

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

Appeal from the Decree Entered June 1, 2022 In the Court of Common Pleas of Blair County Orphans' Court at No(s): Nos. 2022 AD 13, 2022 AD 13B, 2022 AD 13A

BEFORE: BENDER, P.J.E., OLSON, J., and KUNSELMAN, J.

MEMORANDUM

OLSON J.

E.L.E ("Mother") appeals from the decrees dated May 31 2022, and entered June 1, 2022,^[1] in the Court of Common Pleas of Blair County, involuntarily terminating her parental rights to M.E.C., born in November 2007, A.V.C., born in August 2008, and S.B.W., born in April 2020 (collectively, "the Children"). J.W.W. ("Father") also appeals from the decree entered on June 1, 2022, which involuntarily terminated his parental rights as to S.B.W.^[2] After review, we affirm.

The orphans' court set forth the following findings of fact:

2. The biological mother of all three children is E.L.E. The biological father of M.E.C. and A.V.C. is V.C., since deceased. J.W.W. is the biological father of S.B.W.

. . .

4. The initial dependency case came to the attention of Dauphin County Social Services for Children and Youth [("DCSSCY") or "the Agency")] on February 8, 2021, when the Agency received a general protective services referral concerning [Mother], V.C. and the [C]hildren. Per the referral information, law enforcement responded to [V.C.]'s home due to V.C. reportedly overdosing. V.C. was revived with NARCAN and transported to the Middletown Borough Police Department, where he admitted to recent use of heroin. Law enforcement found drug paraphernalia along with heroin, methamphetamines and pills within the home. [Mother] initially refused to provide a urine screen and attempted to leave the residence with S.B.W. She subsequently provided a urine screen which was positive for amphetamines, morphine, oxycodone[,] and methamphetamines.

5. The minor children, M.E.C. and A.V.C., were adjudicated dependent and placed in the continuous care and custody of the Agency on February 19, 2021.

6. The minor child, S.B.W., was adjudicated dependent on February 19, 2021[,] and placed under Third Party Court Ordered Protective Supervision in the physical care and custody of his maternal grandparents, S.H. and D.H. 7. On May 18, 2021, S.B.W. remained under Court Ordered Protective Supervision and legal and physical care and custody was returned to [Mother].

8.M.E.C. and A.V.C. were placed in the Families United Network kinship foster home of their paternal aunt and uncle, T.G. and S.G., who reside in Altoona, Blair County, Pennsylvania.

9.The [C]hildren were found to be dependent under and pursuant to 42 Pa.C.S.A § [6302(1)].

10. On September 15, 2021, upon consideration of a Motion of Transfer Jurisdiction pursuant to [Pa.R.J.C.P.] 1302 by the Dauphin County Agency, the Honorable John F. Cherry, President Judge, entered an Order transferring the case to Blair County.

11. On September 29, 2021, the Honorable Wade A. Kagarise entered an Order accepting transfer and jurisdiction of this dependency case.

12. On November 3, 2021, a 9th Month Interim Permanency/Dispositional Review Hearing was held before Blair County Juvenile Court Hearing Officer, James F. Adams, Esquire, after which an Order was entered that same date finding[, inter alia, that all three children remained dependent; that M.E.C. and A.V.G. remain in the home of their aunt and uncle, S.G. and T.G., and were doing well; that [M]other was incarcerated on felony drug charges on or about September 24, 2021 and, as a result, [Blair County Children, Youth, & Families ("BCCYF" or "the Agency")] obtained emergency protective custody of S.B.W. on September 30, 2021 and placed him in an undisclosed foster home; and that V.C., the father of M.E.C. and A.V.C., was found dead on or about September 29, 2021 as a result of a suspected drug overdose. It was further found by Hearing Officer Adams that J.W.W., the father of S.B.W., had also been incarcerated on felony drug charges.^[3]

13. Hearing Officer Adams also found that "Family finding has been conducted by the Agency with a number of family members indicating concerns about S.B.W.'s safety in light of his parents alleged drug activity."

14. Hearing Officer Adams continued both legal and physical custody of the subject children in BCCYF.

15. At the time of entry of the November 3, 2021 Permanency Review Order, Hearing Officer Adams discontinued family finding, determining that it no longer served the best interest of the children. Said Permanency Review Order was adopted as an Order of Court by Judge Kagarise on November 8, 2021.

16. After a 12th Month Permanency/Dispositional Review Hearing held on February 11, 2022, a Permanency Review Order was entered that same date by Hearing Officer Adams finding, inter alia, that the [C]hildren remain dependent; that M.E.C. and A.V.C. remained in the home of their paternal aunt and uncle, S.G. and T.G. and were doing very well in such home; that the children were living a healthier lifestyle, as evidenced by the fact that A.V.C. had lost 70 pounds since his placement with S.G. and T.G.; that neither child had any contact with [Mother] and they did not express a desire to have such contact; and that S.G. and T.G. were willing to be a permanent resource for these two children.

17. In his February 11, 2022 Permanency Review Order, Hearing Officer Adams also found that S.B.W. was doing well in the confidential resource home and that he was having virtual visits with his parents. At the time of the hearing, both [Mother] and [Father] remained imprisoned on their felony drug charges and lengthy prison sentences were anticipated if they were convicted of same. S.B.W.'s placement resource confirmed that she was willing to be a permanent resource. . . .

18. Hearing Officer Adams continued legal and physical custody of the subject children in BCCYF and his Order was adopted as an Order of Court by Judge Kagarise on February 28, 2022.

19. On March 8, 2022, a hearing was held relative to a Motion for 13th Month Interim Review Hearing/Goal Change, after which a Court Order was entered by [the orphans' court] on March 21, 2022 granting BCCYF's request to change the goal to adoption, which had previously been the concurrent goal.

20. At the time of hearing, both parents remained incarcerated at the Blair County Prison with pending felony drug cases and with each facing a significant period of incarceration if convicted of same.

21. In [the orphans' court's] findings, [it] indicated that M.E.C. and A.V.C. are doing very [sic] and thriving in the home of S.G. and T.G. As S.G. testified during [the] hearing, these children are ["]loving their lives and are very settled.["] [The orphans' court] also found as follows: S.G. testified that when the children first came to reside with them, there was not structure [or] routine in their lives. They were not bathing regularly, both were extremely overweight and they did not engage in healthy activities. Since their transition to [S.G. and T.G.], [the children] have adjusted well to the structure and routine. Both children have lost a lot of weight and engage in healthy activities with the family. Further, both are honor roll students.

22. [The orphans' court] also found that S.B.W. was doing very well in his foster home placement. Both placement resources indicated that they were willing to be adoptive resources for the subject children.

23. In [its] March 21, 2022 Permanency Review Order, [the orphans' court] found that "S.B.W. has adapted very well to his foster parents, who provide him a loving, safe and stable home environment. The foster parents have established a loving bond with S.B.W."

24. [The orphans' court] also discontinued family finding, determining that it no longer serve[d] the best interest of the children, in [its] March 21, 2022 Permanency Review Order.

. . .

Orphans' Court Opinion, 8/8/22, at 7-12 (citations omitted).

On April 22, 2022, the Agency filed petitions for the termination of Mother's and Father's parental rights. The orphans' court held a combined permanency review/termination hearing on May 24, 2022.^[4] Mother and Father, who remained incarcerated, were represented by counsel.^[5] The Children were represented by counsel, Tyler Rowles, Esquire.^[6] At the time, A.V.C. and M.E.C. were almost 14 years old and approximately 14½ years old, respectively, and S.B.W. was two years old. The Agency presented Exhibits 1 through 6 which were admitted without objection.^[7] N.T., 5/24/22, at 7, 9-10, 16-18. The Agency further noted the recent testimony of the Children's respective foster mothers from the March 2022 permanency review/goal change hearing. Id. at 18. Neither Mother nor Father testified on their own behalf or offered any evidence. By decrees dated May 31, 2022, the orphans' court terminated Mother's parental rights to M.E.C., A.V.C., and S.B.W., and Father's parental rights to S.B.W.^[8]

As to this hearing, the court continued:

. . .

25. After a . . . [h]earing held May 24, 2022, a Permanency Review Order was entered on May 31, again finding that all children remained dependent[,] and [the orphans' court] continued legal and physical custody in BCCYF.

26. [The orphans' court] once again found that M.E.C. and A.V.C. were thriving in the home of T.G. and S.G., their paternal uncle and aunt, who are an adoptive resource.

27. At the time of entry of [the] Permanency Review Order on May 31, 2022, both parents remained

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