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In re A.R.K.

Superior Court of Pennsylvania

September 4, 2013

IN RE: A.R.K. APPEAL OF: T.S., MOTHER IN RE: E.R.K. APPEAL OF: T.S., MOTHER IN RE: C.A.S. APPEAL OF: T.S., MOTHER

NON-PRECEDENTIAL DECISION

Appeal from the Order entered February 25, 2013, in the Court of Common Pleas of Philadelphia County, Family Court at No(s): 51-FN-003788-2011; CP-51-AP-0000087-2013, CP-51-DP-0002047-2011, CP-51-AP-0000086-2013, CP-51-DP-0002046-2011, CP-51-AP-0000087-2013, CP-51-DP-0001938-2011

BEFORE: ALLEN, COLVILLE, and STRASSBURGER [*], JJ.

MEMORANDUM

ALLEN, J.

T.S., ("Mother"), appeals from the decrees and orders which granted the petitions filed by the Philadelphia Department of Human Services ("DHS") to involuntarily terminate her parental rights to her two male, minor children with K.K., ("Father"): E.R.K. a/k/a E.K., born in December of 2005, and A.R.K., a/k/a A.K., born in September of 2007, and a third, female child, C.A.S., born in January of 1998, who is not the child of Father (collectively, "Children"), pursuant to section 2511(a)(1), (2), (5), (8), and (b) of the Adoption Act, 23 Pa.C.S.A. § 2511(a)(1), (2), (5), (8), and (b), and changed the permanency goal for the Children to adoption pursuant to section 6351 of the Juvenile Act, 42 Pa.C.S.A. § 6351.[1] We affirm.

The trial court set forth the factual background and procedural history of these appeals as follows:

On October 28, 2003, the Department of Human Services received a General Protective Services report (GPS) due to [M]other's present inability to provide proper food for the child [C.A.S.], failure to provide a safe living environment, and [M]other's mental illness and drug/alcohol abuse.
On November 11, 2003, the Department of Human Services received a General Protective Services report (GPS) regarding [M]other's mental health hospitalization and diagnosis of a schizaphrenic [sic] disorder. Furthermore, it was also reported that [M]other failed to provide proper food for the child. Lastly, [M]other failed to provide a safe living environment and she abused drugs/alcohol abuse [sic].
On September 23, 2011, the Department of Human Services received a General Protective Services (GPS) [report] that [M]other was requiring C.A.S. to care for her siblings while [M]other attended weekly medical appointments. It also reported that she was not taking any medication. The report was substantiated.
On September 28, 2011, [the] Department of Human Services obtained an Order of Protective Custody (OPC) for C.A.S. After a hearing before the Honorable Walter Olszewski, he lifted the OPC and ordered the temporary commitment [of C.A.S.] to the Department of Human Service [sic]. The [trial court] specifically ordered [that Mother could have] supervised visits [at the] discretion of C.A.S. The siblings of C.A.S. were placed in the care of their father, [Father].
On October 12, 2011, [the] Department of Human Services obtained an Order of Protective Custody after receiving a report of allegations E.K. and A.K. were sleeping outside of [F]ather's home on trash bags. [Father] was allegedly intoxicated at the time of the incident.
After a hearing on October 14, 2011 for E.K. and A.K. before the Honorable Alice Debow [sic], she lifted the Order of Protective Custody and ordered the temporary commitment of E.K. and A.K. to [the] Department of Human Services.
A Family Service Plan [("FSP")] meeting was held. The Family Service Plan objectives for [M]other and [F]ather were[:] (1) to meet with [the] counselor on a weekly basis to learn expected behavior for [the] [C]hildren[;] (2) [to] participate in evaluation for drug/alcohol abuse and (3) [to] maintain contact and communication with [the] [C]hildren.
The objectives specifically identified for [M]other were[:] 1) [to] participate in mental health treatment, 2) [to] participate in drug and alcohol treatment[, ] 3) to attend [a] parenting ...

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