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[U] In re Adoption of E.L.

Superior Court of Pennsylvania

January 7, 2014

IN RE: ADOPTION OF: E.L., A MINOR APPEAL OF: T.W., MOTHER IN RE: ADOPTION OF: E.L., A MINOR APPEAL OF: T.W., MOTHER IN THE INTEREST OF: E.L., A MINOR APPEAL OF: T.W., MOTHER IN THE INTEREST OF: E.L., A MINOR APPEAL OF: T.W., MOTHER IN RE: ADOPTION OF: E.L., A MINOR APPEAL OF: T.P.L., II, FATHER IN RE: ADOPTION OF: E.L., A MINOR APPEAL OF: T.P.L., II, FATHER IN THE INTEREST OF: E.L., A MINOR APPEAL OF: T.P.L., II, FATHER IN THE INTEREST OF: E.L., A MINOR APPEAL OF: T.P.L., II, FATHER

NON-PRECEDENTIAL DECISION

Appeal from the Decree entered April 22, 2013, in the Court of Common Pleas of York County, Orphans' Court, at No(s): 2012-0107, 2012-0106, 2012-107, 2012-106

Appeal from the Order entered April 22, 2013, in the Court of Common Pleas of York County, Juvenile Division, at No(s): CP-67-DP-0000063-2011, CP-67-DP-0000062-2011

Appeal from the Order entered April 17, 2013, in the Court of Common Pleas of York County, Juvenile Division, at No(s): CP-67-DP-0000062-2011, CP-67-DP-0000063-2011

BEFORE: SHOGAN, ALLEN, and MUSMANNO, JJ.

MEMORANDUM

ALLEN, J.

T.W. ("Mother") and T.P.L., II ("Father") appeal from the decrees involuntarily terminating their parental rights and the orders changing the placement goals to adoption with respect to their daughter, E.L. (female), born in March of 2007, and their son, E.L. (male), born in July of 2005 (collectively, "the Children").[1] We affirm.

In its opinion that accompanied the subject orders, the trial court set forth thirty-two findings of fact, which the testimonial and documentary evidence supports. As such, we adopt them as the factual and procedural history of this case. See Trial Court Opinion, 4/22/13, at 3-14.

On November 27, 2012, the York County Office of Children, Youth and Families ("CYF") filed petitions for the involuntary termination of Mother's and Father's parental rights and petitions for change of goal with respect to the five biological children of Mother and Father. The trial court held a hearing on the petitions on February 1, 2013, and March 15, 2013. The following witnesses testified: Nicole Fisher, CYF caseworker; Hilary Maugham, program director at Justice Works Youth Center; Michael Breeland, family therapist at Pressley Ridge; Casey Holtzappel, family advocate at Pressley Ridge; Ellie Williams, equine therapist; Barry Hart, Ph.D., who performed a mental health evaluation for Mother; Father; and Mother. In addition, the court interviewed the Children in camera in the presence of their Guardians ad Litem ("GAL") and the Court Appointed Special Advocate ("CASA").

By decrees dated April 17, 2013, and entered on April 22, 2013, the trial court involuntarily terminated Mother's and Father's parental rights pursuant to 23 Pa.C.S.A § 2511(a)(1), (2), (5), (8), and (b). In addition, by orders dated April 17, 2013, and entered on April 22, 2013, the court granted CYF's petitions for goal change. Mother and Father timely filed separate notices of appeal and concise statements of errors complained of on appeal pursuant to Pa.R.A.P. 1925(a)(2)(i) and (b).

On appeal, Mother and Father raise identical issues for our review as follows:

I. Whether the trial court erred in changing the goal from reunification to adoption?
II. Whether the trial court erred in terminating the parental rights of Mother and Father pursuant to sections 2511(a)(1), (2), (5), and (8) of the Adoption Act?
III. Whether the trial court erred in concluding that termination of parental rights would best serve the needs and welfare of the Children pursuant ...

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