J-A10039-19


NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

 IN RE: ADOPTION OF T.M.C.                :   IN THE SUPERIOR COURT OF
                                          :        PENNSYLVANIA
                                          :
                                          :
                                          :
 APPEAL OF: J.S.R., MOTHER                :        No. 3414 EDA 2018

              Appeal from the Order Entered October 25, 2018
            In the Court of Common Pleas of Montgomery County
                  Orphans' Court at No(s): No. 2018-A0118

BEFORE: GANTMAN, P.J.E., LAZARUS, J., and OTT, J.

MEMORANDUM BY GANTMAN, P.J.E.:                          FILED MAY 17, 2019

      Appellant, J.S.R. (“Mother”), appeals from the order entered in the

Montgomery County Court of Common Pleas, which terminated Mother’s

parental rights to her minor child, T.M.C. (“Child”). We affirm.

      The relevant facts and procedural history of this case are as follows. The

Montgomery County Office of Children and Youth (“OCY”) first became

involved with Mother in November 2015, when Mother was fifteen years old.

Due to Mother’s behavioral problems and unwillingness to cooperate with any

OCY services, OCY took custody of Mother in April 2016. Shortly after, it was

discovered that Mother was pregnant with Child. Mother gave birth to Child

in October 2016.

      In February 2017, Mother attempted to run away with Child from the

mother-baby facility where Mother was living. As a result, OCY took custody

of Child and placed Child in foster care. Due to Mother’s failure to meet her

Family Service Plan objectives, OCY filed a petition on June 19, 2018, for
J-A10039-19


involuntary termination of Mother’s parental rights under 23 Pa.C.S.A. §

2511(a)(1), (2), (8), and (b). The court held a termination hearing on October

24 and 25, 2018.1 Following the hearing, the court granted OCY’s petition.2

Mother timely filed a notice of appeal on November 26, 2018, as well as a

statement of errors complained of on appeal pursuant to Pa.R.A.P. 1925.

        Mother raises the following issue for our review:

           THE TRIAL COURT ERRED IN FINDING CLEAR AND
           CONVINCING EVIDENCE EXISTED TO TERMINATE BIRTH
           MOTHER’S PARENTAL RIGHTS UNDER 23 PA.C.S. SECTION
           2511(A)(1), (2), (8).

(Mother’s Brief at 7).

        Appellate review of termination of parental rights cases implicates the

following principles:

           In cases involving termination of parental rights: “our
           standard of review is limited to determining whether the
           order of the trial court is supported by competent evidence,
____________________________________________


1  Throughout the termination proceedings, the same attorney-guardian ad
litem (“GAL”) represented Child’s interests. Because Child was less than three
years old at the time of the termination proceedings, we can presume, absent
any evidence in the record to the contrary, that there was no conflict between
Child’s best interests and her legal interests. See In Re: T.S., ___ Pa. ___,
192 A.3d 1080 (2018) , cert. denied, ___ U.S. ___, 139 S.Ct. 1187, 203
L.Ed.2d 220 (2019) (holding appointment of second counsel for child, in
contested termination proceedings, is not required to represent separate legal
interests of child, where child’s legal interests and best interests do not
diverge; due to child’s young age (less than three years old), presumption
exists that child was too young to express subjective preferred outcome of
termination proceedings; therefore attorney-GAL could fulfill statutory
mandate for appointment of counsel and represent both best interests and
legal interests of child).

2   Father voluntarily relinquished his parental rights on October 24, 2018.

                                           -2-
J-A10039-19


        and whether the trial court gave adequate consideration to
        the effect of such a decree on the welfare of the child.”

In re Z.P., 994 A.2d 1108, 1115 (Pa.Super. 2010) (quoting In re I.J., 972

A.2d 5, 8 (Pa.Super. 2009)).

           Absent an abuse of discretion, an error of law, or
           insufficient evidentiary support for the trial court’s
           decision, the decree must stand. … We must employ
           a broad, comprehensive review of the record in order
           to determine whether the trial court’s decision is
           supported by competent evidence.

        In re B.L.W., 843 A.2d 380, 383 (Pa.Super. 2004) (en
        banc), appeal denied, 581 Pa. 668, 863 A.2d 1141 (2004)
        (internal citations omitted).

           Furthermore, we note that the trial court, as the finder
           of fact, is the sole determiner of the credibility of
           witnesses and all conflicts in testimony are to be
           resolved by the finder of fact. The burden of proof is
           on the party seeking termination to establish by clear
           and convincing evidence the existence of grounds for
           doing so.

        In re Adoption of A.C.H., 803 A.2d 224, 228 (Pa.Super.
        2002) (internal citations and quotation marks omitted). The
        standard of clear and convincing evidence means testimony
        that is so clear, direct, weighty, and convincing as to enable
        the trier of fact to come to a clear conviction, without
        hesitation, of the truth of the precise facts in issue. In re
        J.D.W.M., 810 A.2d 688, 690 (Pa.Super. 2002). We may
        uphold a termination decision if any proper basis exists for
        the result reached. In re C.S., 761 A.2d 1197, 1201
        (Pa.Super. 2000) (en banc). If the court’s findings are
        supported by competent evidence, we must affirm the
        court’s decision, even if the record could support an opposite
        result. In re R.L.T.M., 860 A.2d 190, 191-92 (Pa.Super.
        2004).

In re Z.P., supra at 1115-16 (quoting In re Adoption of K.J., 936 A.2d

1128, 1131-32 (Pa.Super. 2007), appeal denied, 597 Pa. 718, 951 A.2d 1165


                                    -3-
J-A10039-19


(2008)).

      After a thorough review of the record, the briefs of the parties, the

applicable law, and the careful decision of the Honorable Cheryl L. Austin, we

conclude   Mother’s     issue   merits   no    relief.   The   trial   court   opinion

comprehensively discusses and properly disposes of the question presented.

(See Trial Court Opinion, dated December 5, 2018, at 11-19) (finding: Mother

suffers from numerous mental health issues but has failed to take advantage

of opportunities to enable her to care for Child; Mother has neglected her

parental duties and expects others to care for Child; Mother provided no

credible testimony of plans to remedy her mental health issues; instead,

Mother blames agencies for her lack of treatment; Mother has made no efforts

to obtain sufficient and consistent contact with Child, and there is only minimal

bond between them; all of Mother’s visits with Child have been supervised

since Child’s placement; Child is thriving in foster home and is bonded to foster

parents; Child looks to foster parents to meet all of her needs; Child will not

suffer detrimental harm as result of terminating Mother’s parental rights;

termination was proper under Section 2511(a)(1), (2), (8) and (b)).

Accordingly, we affirm on the basis of the trial court opinion.

      Order affirmed.




                                         -4-
J-A10039-19




Judgment Entered.




Joseph D. Seletyn, Esq.
Prothonotary



Date: 5/17/19




                          -5-
                                                                                            Circulated 05/10/2019 02:59 PM
                                                                                     2018-A0118.5.2 1925(a) Opinion, Page 1



      THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA
                         ORPHANS' COURT DIVISION

                                 IN RE: ADOPTION OF T.M.C.
                              ORPHANS' COURT NUMBER 2018wA0118



           PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1925(a) OPINION


           AND NOW,
                         this�     Ji.-
                               day of December, 2018, following the Notice of Appeal

    received by the Orphans' Court on behaJfofbirth mother on November 16, 20181, and docketed

November 261 2018, this Court's reasoning as to the entry of the Order appealed from can be

    found in the transcript of October 25, 2018, at pages l-22, a copy of which is attached as Exhibit

A.


                                                              BY THE COURT:




Copy of the above�ailed on /)               /s·b
Maria Cutillo Teare, Esquire, Aftom�y for child
                                                     to:

Jodi Griffis, Esquire, Attorney for birth mother (Appellant)
Christina Terebelo, Esquire, OCY


/-?g�    �ecretary



I
 Counsel for the Appellant attempted to file her client's appeaJ in person with the Montgomery County Orphans'
Court on Novermber 16, 2018. There was an administrative error that occurred and the documents were not
docketed until November 26, 2018. This appeal should be considered timely in light of the administrative error.



                     THIS DOCUMENT WAS DOCKETED AND SENT ON 12/06/2018
            2018-A0118.5.2 1925(a) Opinion, Page 2




EXHIBIT A
                                                 2018-A0118.5.2 1925(a) Opinion, Page 3




              IN THE COURT OF COMMON PLEAS
   IN AND FOR THE COUNTY OF MONTGOMERY, PENNSYLVANIA
                      ORPHANS' COURT DIVISION


IN RE:    ADOPTION OF                          NO. 2018-AOllB
                   T. M. C.
          ,--




PETITION FOR INVOLUNTARY TERMINATION OF PARENTAL RIGHTS


                    Thursday, October 25, 2018
                      Conunencing at 9:30 a.rn.


                         Linda Piersig, RPR
                      Official Court Reporter
                   Montgomery County Courthouse
                            Courtroom 15
                        Norristown, PA 19401


BEFORE:    THE HONORABLE CHERYLL. AUSTIN, JUDGE



COUNSEL APPEARED AS FOLLOWS:
                CHRISTINA TEREBELO, ESQUIRE
                  for the Petitioner
                MARIA CUTILLO TEARE, ESQUIRE
                  for the Minor Child
                JODI GRIFFIS, ESQUIRE,
                  for the Birth Mother
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                    1            ADOPTION OF          --r.M.C.                                 2
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                   18
                        Buxbaum's Psychiatric Evaluation, indicates that birth
                        mother is a troubled teen with numerous mental health
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     ( !l              2   factor of parental drug use.      This Court has heard
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                  21
 8�               22   plans to address her mental health issues should the
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                  23
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     eQ,, :Sc::III                                 Birth mother testified regarding her
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          �                12       (a) (2), and (a) (8), I must now address the needs and
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                17

                18
                     welfare of the child.     The Superior Court in their
                     interpretation of the Adoption Act has held that the
�'s
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                   23   consistent and reliable love, affection, and,
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                    2   welfare of this child can best be met by termination of
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                   22    -,: M,C. ·
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                  10   hearing, but we would ask for a ruling regarding
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         ADOPTION OF '   --r: M, C�                              22
                 C E R T I F I C A T E


               I hereby certify that the proceedings

and evidence are contained fully and accurately in the

notes taken by me in the above cause and that this is a

correct transcript of the same.




                              LINDA PIERSIG
                              Official Court Reporter




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