Opinion
J-S17031-17 No. 3520 EDA 2016
04-11-2017
IN THE INTEREST OF: C.M., a Minor APPEAL OF: S.G., Mother
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the Decree entered October 27, 2016 in the Court of Common Pleas of Monroe County, Orphans' Court Division, No. 39 O.C.A. 2016 BEFORE: OLSON, STABILE and MUSMANNO, JJ. MEMORANDUM BY MUSMANNO, J.:
S.G. ("Mother") appeals the Decree terminating her parental rights to her son, C.M. (born in July 2012), pursuant to 23 Pa.C.S.A. § 2511(a)(1), (2), (5), (8) and (b) of the Adoption Act. We affirm.
C.M.'s father is deceased.
In June 2015, Monroe County Children and Youth Services ("MCCYS") received a referral regarding Mother's neglect of C.M. The MCCYS intake caseworker reported that Mother had left C.M. in the care of maternal grandmother because Mother was unemployed and homeless, having been evicted from her apartment. Additionally, concerns were raised regarding Mother's heroin use, lack of stability, and domestic violence between her and her new paramour. On July 17, 2015, C.M. was placed in emergency protective custody, in the care of maternal grandmother. On July 20, 2015, following a shelter care hearing, the trial court continued C.M.'s protective custody, and placement with maternal grandmother. MCCYS filed a dependency Petition, and following a hearing on July 30, 2015, the trial court adjudicated C.M. dependent, and continued his placement with maternal grandmother. Throughout C.M.'s dependency, Mother made only one visit to C.M., and cancelled several other visits. Mother also failed to appear at several permanency review hearings. On August 26, 2016, MCCYS filed a Petition to terminate Mother's parental rights to C.M. On October 18, 2016, the trial court conducted a hearing on the Petition, which Mother attended by phone. On October 27, 2016, the trial court entered a Decree terminating Mother's parental rights to C.M., pursuant to 23 Pa.C.S.A. § 2511(a)(1), (2), (5), (8) and (b) of the Adoption Act. Mother filed a timely Notice of Appeal and a Statement pursuant to Pa.R.A.P. 1925(a)(2).
At the visit, Mother appeared to be intoxicated, initially refused to remove her sunglasses, had bloodshot eyes and shaking hands, and refused to take a urine test.
In its Decree, the trial court also changed C.M.'s permanency goal to adoption, as maternal grandmother wishes to adopt C.M. However, Mother has not appealed this aspect of the Decree.
On appeal, Mother raises the following issues for our review:
1. Did [MCCYS] fail to present clear and convincing evidence that termination of [M]other's parental rights served the needs and interests of her son, C.M.?Brief for Mother at 6.
2. Did [the] trial court err in terminating [Mother's] parental rights without clear and convincing evidence that termination of [M]other's parental rights served the needs and interests of her son, C.M.?
Mother stated her issues differently in her Statement pursuant to Pa.R.A.P. 1925(a)(2); however, we decline to find waiver on this basis. --------
Our standard of review is as follows:
[A]ppellate courts must apply an abuse of discretion standard when considering a trial court's determination of a petition for termination of parental rights. As in dependency cases, our standard of review requires an appellate court to accept the findings of fact and credibility determinations of the trial court if they are supported by the record. If the factual findings are supported, appellate courts review to determine if the trial court made an error of law or abused its discretion. As has been often stated, an abuse of discretion does not result merely because the reviewing court might have reached a different conclusion. Instead, a decision may be reversed for an abuse of discretion only upon demonstration of manifest unreasonableness, partiality, prejudice, bias, or ill-will.In re Adoption of S.P., 47 A.3d 817, 826-27 (Pa. 2012) (citations omitted).
[U]nlike trial courts, appellate courts are not equipped to make the fact-specific determinations on a cold record, where the trial judges are observing the parties during the relevant hearing and often presiding over numerous other hearings regarding the child and parents. Therefore, even where the facts could support an opposite result, as is often the case in dependency and termination cases, an appellate court must resist the urge to second guess the trial court and impose its own credibility determinations and judgment; instead we must defer to the trial judges so long as the factual findings are supported by the record and the court's legal conclusions are not the result of an error of law or an abuse of discretion.
Satisfaction of any one subsection of section 2511(a), along with consideration of Section 2511(b), is sufficient for the involuntary termination of parental rights. In re B.L.W., 843 A.2d 380, 384 (Pa. Super. 2004) (en banc). In this case, the trial court entered a Decree terminating Mother's parental rights to C.M. pursuant to 23 Pa.C.S.A. § 2511(a)(1), (2), (5), (8) and (b). As only one subsection of 2511(a) is necessary to support a termination decree, we will review the trial court's decision to terminate Mother's parental rights based upon subsections 2511(a)(8) and (b), which state the following:
(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 grounds:
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(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.
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23 Pa.C.S.A. § 2511.
(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 to subsection (a)(1), (6) or (8), the court shall not consider any efforts by the parent to remedy the conditions described therein which are first initiated subsequent to the giving of notice of the filing of the petition.
With respect to subsection 2511(a)(8), Mother concedes that C.M. has been out of her care for over 15 months, and the conditions that led to his removal continue to exist. Brief for Mother at 15. However, Mother contends that MCCYS failed to prove by clear and convincing evidence that the termination of her parental rights is in C.M.'s best interests. Id.
With respect to subsection 2511(b), Mother concedes that C.M. is bonded with maternal grandmother. Id. at 16. However, Mother contends that no testimony was presented as to how the termination of her parental rights will affect C.M. Id. Mother also asserts that she did not affirmatively relinquish her parental rights, and that "she still tried to reach out via phone to C.M.[,]" despite the fact that she had no transportation and was in rehabilitation facilities. Id. Mother argues that, because she made efforts to meet her goals with MCCYS, and to bond with C.M. from her various locations, MCCYS failed to prove by clear and convincing evidence that the termination of her parental rights is in C.M.'s best interests. Id.
In its Opinion, the trial court set forth its findings of fact, addressed Mother's issues, set forth the relevant law, and determined that MCCYS had proven by clear and convincing evidence that termination of Mother's parental rights was in C.M.'s best interests pursuant to subsections 2511(a)(8) and (b). See Trial Court Opinion, 10/27/16, at 1-3, 6. We discern no abuse of discretion by the trial court, and affirm on the basis of its Opinion, which is supported by the record and free of legal error. See id.
Decree affirmed. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary Date: 4/11/2017
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