Involuntary Termination of Parental Rights • Sufficiency of the Evidence • Continuance

In the Interest of D.F., PICS Case No. 17-0956 (Pa. Super. June 7, 2017) Dubow, J. (16 pages).

Trial court properly terminated mother's parental rights where child was adjudicated dependent shortly after birth, had strongly bonded with foster/pre-adoptive mother and mother's mental health and drug and alcohol problems interfered with her ability to care for the child, she had not utilized all available resources to deal with her problems and failed to do what needed to be done to establish a parent-child relationship with the child. Affirmed.

CYS obtained a protective order after illegal drugs were found in newborn's umbilical cord. Trial court granted custody to CYS and child was placed in a foster home. In September 2015, the child was adjudicated dependent with a goal of return to parent and the court developed a family service plan and ordered mother to complete assessments and evaluations. The court held permanency review hearings in December, April and August 2016. Mother only attended the first hearing and her overall compliance with the family service plan was inconsistent. In August 2016, CYS filed a petition for involuntary termination of parental rights. On the day of the hearing mother's counsel asked for a continuance explaining that maternal grandmother had called the day before and asked for a continuance due to mother's allergies. Counsel had tried to telephone mother but there was no response and a car sent by CYS to mother's house on the day of the hearing to take her to court found that no one answered the door. The trial court denied the continuance. At the hearing, a psychologist testified that child had no significant attachment to mother and was securely attached to his foster/pre-adoptive mother. Caseworker testified that mother was not consistent with mental health and drug treatment services offered or visits with the child, had been discharged from the community guidance center for noncompliance and failed to report for scheduled appointments at a family counseling center. The trial court terminated mother's parental rights and mother appealed.