In the Int. of: B.J.I., Appeal of: B.J.I.

J-S18042-25

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN THE INTEREST OF: B.J.I., JR., A : IN THE SUPERIOR COURT OF

MINOR : PENNSYLVANIA

:

:

APPEAL OF: B.J.I., SR., FATHER, :

AND B.L.N.I., MOTHER :

:

:

: No. 116 WDA 2025

Appeal from the Decree Entered January 2, 2025

In the Court of Common Pleas of Butler County Orphans' Court at No(s):

2023-00060A

IN THE INTEREST OF: P.A.I., A : IN THE SUPERIOR COURT OF

MINOR : PENNSYLVANIA

:

:

APPEAL OF: B.J.I., SR., FATHER AND :

B.L.N.I., MOTHER :

:

:

: No. 117 WDA 2025

Appeal from the Decree Entered January 2, 2025

In the Court of Common Pleas of Butler County Orphans' Court at No(s):

2023-00061A

IN THE INTEREST OF: L.L.I., A : IN THE SUPERIOR COURT OF

MINOR : PENNSYLVANIA

:

:

APPEAL OF: B.J.I., SR., FATHER :

AND B.L.N.I., MOTHER :

:

:

: No. 118 WDA 2025

Appeal from the Decree Entered January 2, 2025

In the Court of Common Pleas of Butler County Orphans' Court at No(s):

2023-00062A

IN THE INTEREST OF: B.G.I., A/K/A : IN THE SUPERIOR COURT OF

N.I., A MINOR : PENNSYLVANIA

J-S18042-25

:

:

APPEAL OF: B.J.I., SR., FATHER AND :

B.L.N.I., MOTHER :

:

:

: No. 119 WDA 2025

Appeal from the Decree Entered January 2, 2025

In the Court of Common Pleas of Butler County Orphans' Court at No(s):

2023-00063A

IN THE INTEREST OF: N.J.I., A : IN THE SUPERIOR COURT OF

MINOR : PENNSYLVANIA

:

:

APPEAL OF: B.J.I., SR., FATHER AND :

B.L.N.I., MOTHER :

:

:

: No. 120 WDA 2025

Appeal from the Decree Entered January 2, 2025

In the Court of Common Pleas of Butler County Orphans' Court at No(s):

2023-00064A

BEFORE: DUBOW, J., NICHOLS, J., and STEVENS, P.J.E.*

MEMORANDUM BY STEVENS, P.J.E.: FILED: July 3, 2025

In these consolidated joint appeals, B.J.L., Sr. (“Father”) and B.L.N.I.

(“Mother”) (collectively, “Parents”), appeal from the January 2, 2025 decrees

granting the petitions filed by Appellee, the Butler County Children and Youth

Services (“CYS”), to involuntarily terminate Parents’ parental rights to their

five minor children, B.J.I., Jr. (born in March 2013), P.I. (born in February

____________________________________________

* Former Justice specially assigned to the Superior Court.

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2015), L.L.I. (born in July 2017), N.I.I. (born in July 2019), and N.J.I. (born

in March 2022) (collectively, “Children”), pursuant to 23 Pa.C.S.A.

§§ 2511(a)(1), (2), (5), (8), and (b). After careful review, we affirm.

The orphans’ court summarized the extensive factual findings and

procedural history of this case as follows:

On July 1, 2019, Mother gave birth in her home to

N.I.I. The newborn was subsequently transferred to

Magee Women's Hospital in Pittsburgh. On the

following day, [CYS] received information the

newborn tested positive for cocaine and methadone.

[CYS] Caseworkers and two (2) Butler County Adult

Probation Officers conducted a home inspection. They

discovered there was no electricity serving the

residence. Mother and Father admitted using cocaine

three (3) days prior to Mother’s delivery of N.I.I. The

Probation Officers also found various medications, a

loaded gun, crushed up pills, and drug paraphernalia,

all within reach of the Parties’ other children. Mother

and Father were incarcerated in the Butler County

Prison for violating the terms of their respective

probations terms by possessing the loaded gun. The

Detention Order issued on July 3, 2019, followed the

same day by a Shelter Care hearing. Upon the

recommendation by the Juvenile Court Hearing

Officer, the Court directed the Children be detained to

protect their health, safety, and welfare. Dependency

petitions were also filed for the Child’s three (3) older

siblings. The newborn, N.J.I., was hospitalized from

July 1 through July 19, 2019, due to cocaine addiction.

The Adjudication hearing was scheduled on July 18,

2019, and, due to the unavailability of Mother’s court-

appointed attorney, continued and rescheduled on

July 24, 2019[], at which time an order was entered

adjudicating the four (4) Children dependent. At this

hearing, Mother and Father admitted using illegal

drugs. The Children placed with their Paternal Aunt []

whose boyfriend, “Richard,” had a felony conviction

from 20 years prior. Because of Richard’s criminal

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record, [CYS] was unable to obtain certification of

Paternal Aunt’s home, as an appropriate placement

option. However, the Children remained placed in her

home because [CYS] believed it was in their best

interests ….

Mother and Father remained incarcerated at the time

of the Disposition hearing held on August 22, 2019.

The Court entered an order maintaining the Children’s

placement with the Paternal Aunt. The Disposition

Order further directed Mother and Father to contact

[CYS] immediately upon release from incarceration,

to participate in any parenting programs available

through the Butler County Prison, and to maintain

contact with their children by sending cards and

letters to [CYS’s] assigned caseworker, who would

forward all correspondence to the four (4) children.

The initial Permanency Review Hearing (“PRH”) was

scheduled on September 4, 2019, but continued by

consent order, due to a conflict of interest involving

Father’s court-appointed attorney. Upon motion by

[CYS], the Court granted its request for an early PRH

based upon certain safety concerns existing in

Paternal Aunt’s home. This hearing was held before

the Hearing Officer on October 9, 2019.

At the early PRH, Mother was no longer incarcerated.

Father remained in the Butler County Prison. The

Court determined, upon recommendation by the

Hearing Officer, that both Parents were minimally

complying with the Children’s Permanency Plans

(“CPP”); Mother’s progress toward alleviating the

circumstance necessitating the original placement was

minimal, since released from incarceration, and

Father made no progress. The placement goal was

reunification of the Children with a parent or guardian

with adoption as the concurrent plan.

A PRH was held before the Hearing Officer

approximately a month later on November 14, 2019.

Despite being incarcerated, Father demonstrated

moderate compliance with the provisions under the

Permanency Plan. However, he was not making

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progress toward relieving the dependency

circumstances, although Father completed a drug and

alcohol evaluation recommending inpatient

treatment. Mother was progressing toward certain

goals. She consistently tested negative for illegal

substances, obtained employment, obtained housing

in an addiction rehabilitation home, and attended

appropriate treatment. Therapeutic visitations with

Mother were recommended, due to the Children’s

behavioral concerns. The permanency goal remained

reunification with Mother and Father.

At the PRH held February 6, 2020, the Hearing Officer

determined both parents were substantially complying

with the CPP’s. Father was no longer incarcerated.

Mother and Father obtained housing under a one (1)

year lease. They consistently attended therapeutic

visitation with the Children. However, neither parent

was involved with mental health services. Mother’s

progress remained moderate. She cooperated with

drug screening, which revealed her ongoing use of

marijuana. Mother successfully completed intensive

outpatient treatment at the Gaiser Center and

transferred to the facility’s stepped-down outpatient

program. However, Mother’s attendance in outpatient

was poor. On January 23, 2020, she tested positive

for amphetamines, no longer worked, and was not

receiving mental health services.

Father was achieving moderate progress toward

attaining the goals outlined by [CYS]. He attended

inpatient drug and alcohol treatment at Conewago

Indiana, and underwent a drug and alcohol evaluation

at the Gaiser Center, which recommended intensive

outpatient treatment. Due to scheduling issues,

Father [] decided to participate in intensive outpatient

treatment at Butler Memorial. However, Father tested

positive for THC and amphetamines on two (2)

occasions. The Children’s continued placement with

the Paternal Aunt was found to be in their best

interests.

The next PRH scheduled on April 30, 2020 was

continued to July 23, 2020, due to circumstances

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surrounding the COVID pandemic. Upon the Hearing

Officer’s recommendation, the Court maintained

Children’s placement with Paternal Aunt. Mother and

Father were making minimal progress toward

alleviating the circumstance which necessitated the

original placement. They were inconsistent

participating with the services being offered, including

drug screening. Of the 45 scheduled drug screens for

Mother and Father from January 2, 2020 to July 16,

2020, both Parents tested negative only four (4) times

in January of 2020. They had positive results for using

THC and other substances on ten (10) occasions.

Mother and Father failed to appear for drug screening

on 27 occasions, during this roughly six-and one-half-

month period.

On April 25, 2020, the Butler City Police and

emergency medical personnel responded to the home

of Mother and Father for a reported drug overdose.

Upon arrival, the EMS personnel found Mother lying

unresponsive inside the doorway of the home. She

was successfully administered a dose of Naloxone and

Mother became responsive. In early July 2020, Mother

and Father were facing new criminal charges arising

from separate incidents involving trespassing and

theft at Walmart. Therapeutic visitation with the

Children occurred at Family Pathways, but Mother and

Father attended only 24 of 49 scheduled sessions from

January 2 through July 16, 2020. During these visits,

they were dismissive and argumentative with the

Family Pathways therapists, such as using

intimidating language toward the Children, including

threats to remove food, shelter, and security. Mother

and Father resisted improving their parenting style.

By Order dated October 14, 2020 upon the Hearing

Officer’s Recommendation following another PRH, the

Court continued placement of the Children. Mother

and Father were discharged from therapeutic

visitation services by Family Pathways on September

10, 2020, for numerous concerns regarding their tone

of voice, angry and threatening demeanor, name-

calling, and taking the Children away from the

visitation supervisor to speak privately with them.

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Supervised visitation resumed September 22, 2020

with another provider, Justice Works. Additional

findings at the PRH include Mother and Father failing

to pay rent and utilities. Both Parents were involved

with service providers, although they had inconsistent

drug screens. Mother and Father obtained prescription

medical marijuana cards and continued testing

positive for THC. The criminal charges arising from the

incidents in early July 2020 remained pending and

Father continued to be on probation. Placement and

physical custody of the Children remained with

Paternal Aunt. Visitation was modified to in-home

supervision twice a week for two (2) hours each

session. Both Parents were moderately complying

with the Permanency Plan and were making moderate

progress toward alleviating the circumstances

necessitating the original placement.

At the next PRH held December 3, 2020, the Hearing

Officer issued detailed Supplemental Findings in

support of the recommendation to return the Children

to Mother and Father. The visitation provider, Justice

Works, observed no safety concerns regarding the

care Mother and Father were providing to their

children and the Parents were making substantial

progress, both toward alleviating the circumstances

which necessitated the original placement and

complying with [CYS’] Permanency Plan. Both Parents

complied with drug and alcohol treatment and

participated in mental health counseling. Their

delinquent rent was nearly current. Mother obtained

employment, while Father was receiving monthly

Social Security Disability income. Over [CYS’]

objection, the Hearing Officer’s Recommendation was

adopted by Order of Court on December 3, 2020,

directing the immediate return of the Children to

Mother and Father. A PRH (Non-Placement) was

scheduled on January 21, 2021.

At this PRH (Non-Placement), the Hearing Officer

determined Mother was neither attending any drug

and alcohol sessions at the Care Center nor

participating in mental health counseling, since the

Children were returned home. She missed many in-

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home drug screens, but tested negative for those

screens she took. Father was discharged January 12,

2021 from drug and alcohol treatment because he was

not attending. He was at risk of being discharged from

mental health services, having only attended one (1)

session. Mother and Father faced eviction from their

home, due to non-payment of rent. They refused

assistance from Justice Works to find suitable

housing. The Hearing Officer’s Recommendation

dated January 21, 2021, as adopted by Order issued

February 4, 2021, states:

Although there are no current safety concerns

in the home, there are numerous concerns

regarding the Parents’ cooperating with

services and the stability of their housing. In

addition, there are concerns regarding the

children’s behaviors and not attending school.

Although the concerns do not justify removal

of the children at this time, the matter will

continue to remain open with the Court and

[CYS] until such time as it can be determined

that the parents have addressed the housing

issue, have addressed their financial issues,

have continued with drug and alcohol and

mental health treatment, have been consistent

with drug screens, have addressed the

children’s behaviors, are getting the children to

school on time every day, and are cooperative

with [CYS] and Justice Works.

The next PRH (Non-Placement) scheduled March 3,

2021 was rescheduled to March 18, 2021.

On March 18, 2021, the Hearing Officer found Mother

and Father were discharged from both drug and

alcohol treatment and mental health counseling for

failure to attend. Housing was a serious concern. A

landlord-tenant civil proceeding was scheduled on

April 7, 2021. There were difficulties with the school-

aged children’s attendance. Despite these concerns,

the Children remained in the home with Justice Works

providing the services directed by [CYS].

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At the July 1, 2021 PRH, the Hearing Officer

recommended terminating court supervision of the

Children because Mother and Father obtained

adequate housing, rent was current, and they

consistently had negative drug screens. The Children’s

school attendance was improving, as well.

In January 2022, the Agency received a report Mother

and Father may be living with the Children at a local

motel. There were also concerns about a possible

physical alternation between Mother and Father.

[CYS] Caseworker[] Amy McGill[] confirmed the

family was living in a motel and searching for

appropriate housing: Ms. McGill testified Children’s

needs were being met, despite living in the motel, and

Mother and Father were seeking housing support from

the community. The youngest of the five (5) siblings

was born March 10, 2022. A week later on March 17,

2022, there was a CPS report one (1) of the Children

sustained an eye injury. Mother and Father reported

the oldest Child fell off his bike. Upon investigation,

[CYS] determined the CPS report unfounded.

Later in 2022, there was another CPS report

concerning N.I. losing too much weight and another

younger sibling, L.I., presenting at the local Head

Start childcare facility with a Suboxone wrapper in her

backpack. Mother and Father said N.I.’s stomach

illness and vomiting were the cause of his weight loss.

After investigating [CYS] concluded the Suboxone

wrapper incident was valid, despite Mother and Father

asserting they utilized a lockbox in their home for

safekeeping medications.

On July 11, 2022, [CYS], again, became involved with

the family when the Adams Township (Butler County)

Police Department contacted [CYS] concerning []

three (3) of the Children left unattended in the

residence. The Officers determined these children

were left alone for approximately two (2) hours

without any adult or appropriate caregiver present.

Adams Township Officer Jose Ceron testified it took

Mother and Father over one (1) hour for them to

return home, after a child, B.I. called his parents to

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inform them the police were at the residence.

However, when he was on the phone with Mother and

Father, they told their son they were, “...turning on

the street now.” Officer Ceron smelled marijuana

within the home, along with finding suspected

marijuana found within reach of the Children. The

police took Father into custody, while [CYS] placed the

Children with the Maternal Great-Grandmother[.]

Mother and Father were charged with felony

endangering the welfare of children. A search warrant

was issued and, upon searching the vehicle after it

arrived home, the police discovered several

prescription bottles with one (1) bottle containing

evidence of crack cocaine. The investigating officers

also determined there was inadequate food in the

home.

On the following day, an order detaining the Children

was entered, due to these safety concerns, including,

but not limited to the unavailability of Mother and

Father. On July 13, 2022, [CYS] filed the Petition for

Dependency and application for shelter care.

Sufficient evidence was presented to establish a

return of the Children to their home with Mother and

Father was unsafe. [A h]earing on [CYS’s] Petition was

scheduled on July 27, 2022. Prior to the hearing,

[CYS] filed an Amended Dependency Petition,

addressing additional concerns, such as the older

Children’s poor school attendance and insufficient

health care.

Prior to the July 11, 2022 incident involving the police,

one (1) of the Children, N.I., was having breathing

difficulties and weight gain issues. Mother and Father

were advised to take him to Children’s Hospital of

Pittsburgh, which they failed to do. The following day,

N.I. was transported by ambulance and admitted to

Children’s Hospital. Mother and Father later signed out

the boy from the hospital against medical advice. The

health issues involving N.I. later resolved. However,

all of the Children missed various health care

appointments. For example, the [CYS] assigned

Caseworker attempted to have authorizations signed

by Mother and Father to release dental care

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information. Mother informed the Caseworker there

was no identified dental provider for the Children.

Mother and Father arrived approximately 20-25

minutes late to the Detention hearing held on July 27,

2022. Counsel for Mother and Father requested a full

evidentiary hearing regarding the dependency

allegations. Due to the Hearing Officer’s schedule,

there was insufficient time to conduct a lengthy

hearing, so it was rescheduled to August 12, 2022.

However, some testimony was received on July 27,

2022, regarding [CYS’s] request to modify the

Children’s placement. [CYS] alleged Mother, who was

required to be supervised with the Children, was

unsupervised, when she took the Children to a

medical appointment. There were additional safety

concerns how the Children and Mother were

transported to the appointment. Placement of the

Children was modified by removing them from

Maternal Great-Grandmother’s care and placing the

Children into foster care.

At the August 17, 2022, Adjudication hearing, the

evidence established Father faced three (3) felony

child endangering charges and five (5) misdemeanors

arising from the July 11, 2022 incident. Soon

thereafter, he was also charged for a somewhat

related incident occurring on August 8, 2022,

comprised of two (2) felonies and two (2)

misdemeanors, where Father threatened a neighbor

near the apartment rented by the Mother and Father.

Mother was charged with two (2) felony endangering

charges, three (3) misdemeanors, and a summary

offense arising from the incident on July 11, 2022.

Father was incarcerated in the Butler County Prison

with bail set at $100,000.00. At the Disposition

hearing held September 14, 2022, the continued

placement of the Children was ordered with Mother

entitled to supervised visitation twice a week, since

she was not incarcerated. Father was granted

visitation, contingent upon his release from jail. … On

or about November 1, 2022, the Agency requested a

placement change to allow all five (5) children to

remain together in foster care.

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At the December 14, 2022 PRH, it was determined

continued placement of the Children was in their best

interests. Father remained incarcerated. On the other

hand, Mother was making moderate progress toward

alleviating the circumstances necessitating the

original placement. She maintained a residence in the

Adams Ridge development located in southern Butler

County and was able to drive a suitable vehicle for

transporting the Children. Mother was also working

fulltime. An early PRH was scheduled for February 2,

2023.

....

At the March 8, 2023, PRH, the evidence supported

continuing placement of the Children in Foster care.

Father remained incarcerated. Mother was deemed to

be substantially complying with the goals outlined by

[CYS]. Another review hearing was scheduled on

March 24, 2023.

The [CYS] Caseworker conducted a home visit on

March 15, 2023 and was informed by one (1) of the

Children that an individual known as “Uncle Miz” had

“grabbed up on him.” At the time, Mother had

unsupervised custody of the Children at Maternal

Grandmother’s home every weekend. Mother claimed

she does not allow anyone around the Children. Upon

further inquiry, [CYS] discovered “Uncle Miz” … was

under close surveillance by Federal Marshalls. On or

about April 12, 2023, [CYS] petitioned for an early

review hearing, due to concerns with some adult being

around the Children, during Mother’s visitation.

At the early PRH held April 27, 2023, the evidence

indicated Mother was exercising poor judgment with

certain adults she allowed to be in contact with the

Children. Mother was prohibited to have anyone be in

her home when having overnight visitation of the

Children, unless [CYS] gave approval after it

conducted criminal background checks. The next PRH

was scheduled on June 28, 2023.

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On June 7, 2023, one (1) of the Children requested

that, “Terrance[] [Clowney] wouldn’t come around

anymore.” [CYS] determined Federal Marshalls were

also searching for Mr. Clowney because a warrant was

issued for his arrest. Mr. Clowney frequented Mother’s

residence on several occasions. He was apprehended

to face drug-related charges.

Later in June 2023, the Butler County Drug Task Force

arrested and charged Mother with felony drug charges

involving fentanyl distribution, as well as a

misdemeanor drug paraphernalia charge. Maternal

Great-Grandmother, who previously served as kinship

placement for the Children was present during some

of Mother’s drug dealing. A search warrant of Mother’s

cellphone further revealed Maternal Great-

Grandmother was fully aware of Mother’s illegal drug

activity. The search of Mother’s cellphone also

revealed an incident of a third-party trying to buy a

bundle of fentanyl from Mother on June 28, 2023.

Mother[’s] text message reply stated, “give me a

second I have my kids.”

At the PRH held July 19, 2023, Father remained

incarcerated. Mother tested positive for cocaine and

continued her association with known drug-related

persons. Mother underwent ongoing drug screens

twice per week and hair follicle testing. Mother’s

court-appointed attorney requested a continuance of

the October 11, 2023, PRH, because she had a

previously scheduled vacation, but then fell ill with

COVID-19. An Order granting the continuance request

was entered and the PRH was re-rescheduled to

October 26, 2023.

Father was still incarcerated at the time of the October

26, 2023[] PRH. Mother was minimally complying with

the Children’s Permanency Plans. She was not

communicating with [CYS] and also had outstanding

criminal warrants. The Children remained placed in

Foster care.

Orphans’ court opinion, 1/2/25 at 1-13 (some footnotes omitted).

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On October 25, 2023, CYS filed petitions to involuntarily terminate

Parents’ parental rights to the Children, pursuant to Sections §§ 2511(a)(1),

(2), (5), (8) and (b). Thereafter, on February 2, 2024, CYS filed a motion for

goal change from reunification to adoption. The orphans’ court conducted an

evidentiary hearing on the termination petitions on April 24, 25, and 26, 2024.

Parents were both incarcerated at the time of the termination proceedings but

were represented by counsel. The Children’s court-appointed guardian ad

litem, Susan B. Lope, Esq., was also present at the termination hearing.

As noted, on January 2, 2025, the orphans’ court entered decrees,

finding that CYS satisfied its burden of proving by clear and convincing

evidence that the termination of Parents’ parental rights to the Children was

warranted under Sections 2511(a)(1), (2), (5) and (8), and that termination

was in the best interest of the Children. Orphans’ court opinion, 1/2/25 at 33;

see also Decrees, 1/2/25 at 1. Parents filed timely notices of appeal on

January 29, 2025.1 Parents and the orphans’ court have complied with

Pa.R.A.P. 1925.

____________________________________________

1 We note that although each notice of appeal states that Parents are

appealing from the “Order” entered in each case, each notice of appeal

actually appears to relate to two decrees that separately terminated Mother’s

and Father’s parental rights to each child. The joint appeals filed by Father

and Mother at Nos. 116 WDA 2025, 117 WDA 2025, 118 WDA 2025, 119 WDA

2025, and 120 WDA 2025 were consolidated by per curiam order of this Court

on February 20, 2025.

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Parents raise the following issues for our review:

I. Did the [orphans’ court] commit an abuse of

discretion in finding by clear and convincing

evidence that both parents, who are married to

each other, displayed conduct continuing for a

period of at least six (6) months immediately

preceding the filing of the Petition for

Involuntary Termination of Parental Rights

which evidenced a settled purpose of

relinquishing their parental claim to the child

when the testimony at trial was that when

Father was permitted visits he attended them

faithfully, attempted to send the children cards

and letters, was involved in numerous groups to

assist him in meeting the goals in the child’s

permanency plans, the children were bonded to

him and was set to be released from prison in

June of 2024 and off supervised release by

August 2025[?]

II. Did the [orphans’ court] commit an abuse of

discretion in finding that there was clear and

convincing evidence the natural parents could

not or would not remedy the conditions that led

to removal of the child within a reasonable

period of time and that the services available

are not likely to remedy the conditions which led

to placement when the parents had actively

engaged services when able and Father had

addressed the issues that caused his

incarceration and his release from incarceration

was eminent[?]

III. Did the [orphans’ court] commit an abuse of

discretion in failing to address the bond between

the children and their parents and the impact of

the termination of [P]arents’ rights on the

children[?]

Parents’ brief at 7.

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In matters involving involuntary termination of parental rights, our

standard of review is as follows:

The standard of review in termination of parental

rights cases requires appellate courts 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. [A] decision may be reversed

for an abuse of discretion only upon demonstration of

manifest unreasonableness, partiality, prejudice, bias,

or ill-will. The trial court’s decision, however, should

not be reversed merely because the record would

support a different result. We have previously

emphasized our deference to trial courts that often

have first-hand observations of the parties spanning

multiple hearings.

In re T.S.M., 71 A.3d 251, 267 (Pa. 2013) (citations and internal quotation

marks omitted).

The termination of parental rights is governed by Section 2511 of the

Adoption Act, 23 Pa.C.S.A. §§ 2101-2938, which requires a bifurcated analysis

of the grounds for termination followed by the needs and welfare of the child.

Our case law has made clear that under Section 2511,

the court must engage in a bifurcated process prior to

terminating parental rights. Initially, the focus is on

the conduct of the parent. The party seeking

termination must prove by clear and convincing

evidence that the parent’s conduct satisfies the

statutory grounds for termination delineated in

Section 2511(a). Only if the court determines that the

parent’s conduct warrants termination of his or her

parental rights does the court engage in the second

part of the analysis pursuant to Section 2511(b):

determination of the needs and welfare of the child

under the standard of best interests of the child. One

major aspect of the needs and welfare analysis

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concerns the nature and status of the emotional bond

between parent and child, with close attention paid to

the effect on the child of permanently severing any

such bond.

In re B.J.Z., 207 A.3d 914, 921 (Pa.Super. 2019) (citation omitted).

The burden is upon the petitioner to prove by clear and convincing

evidence that the asserted statutory grounds for seeking the termination of

parental rights are valid. In re R.N.J., 985 A.2d 273, 276 (Pa.Super. 2009).

This Court has defined “clear and convincing evidence” as that which is so

“clear, direct, weighty and convincing as to enable the trier of fact to come to

a clear conviction, without hesitance, of the truth of the precise facts in issue.”

In re C.S., 761 A.2d 1197, 1201 (Pa.Super. 2000) (en banc) (citation and

quotation marks omitted).

In this case, termination of Parents’ parental rights to the Children was

sought pursuant to Sections 2511(a)(1), (2), (5), (8) and (b), which provide

as follows:

§ 2511. Grounds for involuntary termination

(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:

(1) The parent by conduct continuing

for a period of at least six months

immediately preceding the filing of

the petition either has evidenced a

settled purpose of relinquishing

parental claim to a child or has

refused or failed to perform parental

duties.

- 17 -

J-S18042-25

(2) The repeated and continued

incapacity, abuse, neglect or refusal

of the parent has caused the child

to be without essential parental

care, control or subsistence

necessary for his physical or mental

well-being and the conditions and

causes of the incapacity, abuse,

neglect or refusal cannot or will not

be remedied by the parent.

....

(5) The child has been removed from

the care of the parent by the court

or under a voluntary agreement

with an agency for a period of at

least six months, the conditions

which led to the removal or

placement of the child continue to

exist, the parent cannot or will not

remedy those conditions within a

reasonable period of time, the

services or assistance reasonably

available to the parent are not likely

to remedy the conditions which led

to the removal or placement of the

child within a reasonable period of

time and termination of the parental

rights would best serve the needs

and welfare of the child.

....

(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

- 18 -

J-S18042-25

rights would best serve the needs

and welfare of the child.

....

(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.

23 Pa.C.S.A. § 2511(a)(1), (2), (5), (8) and (b). This Court need only agree

with the orphans’ court’s determination as to any one subsection of Section

2511(a), in addition to Section 2511(b), in order to affirm termination. See

In re B.L.W., 843 A.2d 380, 384 (Pa.Super. 2004) (en banc).

Instantly, Parents contend that CYS failed to prove by clear and

convincing evidence that they demonstrated a settled purpose of relinquishing

their parental claim to the Children and has failed to perform their parental

duties for a period of at least six months prior to their filing of the termination

petition. Parents’ brief at 15-24. Parents further contend that that the

orphans’ court erred in its evaluation under Section 2511(b). Id. at 25-30.

An inquiry under subsection 2511(a)(1) focusses on the conduct of the

parent for at least a six-month period prior to the filing of the petition. “A

- 19 -

J-S18042-25

court may terminate parental rights under subsection 2511(a)(1) when the

parent demonstrates a settled purpose to relinquish parental claim to a child

or fails to perform parental duties for at least six months prior to the filing of

the termination petition.” In re I.J., 972 A.2d 5, 10 (Pa.Super. 2009).

Though we do not adhere to any strict definition of

parental duty, a child has a right to essential parental

care, and our jurisprudence reveals certain irreducible

qualities of a parent’s attendant obligation. Foremost,

it is a positive duty requiring affirmative performance.

[C]ommunication and association are essential to the

performance of parental duty[.] [P]arental duty

requires that a parent exert himself to take and

maintain a place of importance in the child’s life. A

parent must exercise reasonable firmness in resisting

obstacles placed in the path of maintaining the

parent-child relationship, or his rights may be

forfeited. Parental rights are not preserved by waiting

for a more suitable or convenient time to perform

one’s parental responsibilities while others provide the

child with his or her physical and emotional needs.

Adoption of C.M., 255 A.3d 343, 364 (Pa. 2021) (internal citations and

quotation marks omitted).

Likewise, under Section 2511(b), trial courts are required to “give

primary consideration to the developmental, physical and emotional needs

and welfare of the child.” 23 Pa.C.S.A. § 2511(b). The “emotional needs and

welfare” analysis under Section 2511(b) should include, in part, a child’s bond

with his or her parent. In doing so, trial courts must examine the effect on

the child of severing such a bond, and this includes “a determination of

whether the bond is necessary and beneficial to the child, i.e., whether

maintaining the bond serves the child’s developmental, physical, and

- 20 -

J-S18042-25

emotional needs and welfare.” In the Interest of K.T., 296 A.3d 1085, 1113

(Pa. 2023).

Following a thorough review of the record, including the briefs of the

parties, the applicable law, and the well-reasoned January 2, 2025 opinion of

the orphans’ court, it is our determination that Parents’ claims warrant no

relief. The orphans’ court comprehensively discussed each of Parents’ claims

on appeal and concluded that they were without merit. We find that the

conclusions of the orphans’ court are supported by competent evidence and

are clearly free of legal error.

Specifically, we agree with the orphans’ court’s determination that CYS

established by clear and convincing evidence that the involuntary termination

of Mother’s and Father’s parental rights was warranted under Sections

2511(a)(1). See Orphans’ court opinion, 1/2/25 at 14-22, 24-26. We further

agree with the orphans’ court’s rationale that the termination of Parents’

parental rights would best serve the developmental, physical and emotional

needs and welfare of Children. See id. at 31-33. Contrary to Parents’ claim,

it is clear that the orphans’ court considered the bond the Children had with

Parents, noting that “[t]he Children’s need for safety, stability, and

permanency clearly outweigh any potential harm to the Children from the

severing their bond with Mother and Father.” Id. at 32.

Our standard of review requires us to accept the findings of fact and

credibility determinations of the orphans’ court where, as here, they are

- 21 -

J-S18042-25

supported by the record. See In re T.S.M., 71 A.3d at 267. Based on the

foregoing, we find that the orphans’ court did not abuse its discretion in

granting CYS’s petition to involuntarily terminate Parents’ parental rights to

the Children. Accordingly, we adopt the comprehensive and well-reasoned

January 2, 2025 opinion of the Honorable William C. Robinson, Jr. as our own

for purposes of this appellate review.

Decrees affirmed.

DATE: 7/3/2025

- 22 -

Circulated 06/20/2025 05:42 PM

IN THE COURT OF COMMON PLEAS OF BUTLER COUNTY, PENNSYLVANIA

ORPHANS' COURT DIVISION

DIVISION

IN RE: ADOPTION OF O.A. No.60

0.A. No.foO of 2023

BRANNON JAMAR IRVIN, Jr., DECa

;r 31

DEC •• i 2024a11.39

20 5 i 23

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Sri

ar •• •'{ V C Bli iL.Ci? 1: • 7._ l'{

aaMinor. •.

REC'DK~i

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& CC ~TL

ERcowTYF

Robinson, Jr.,

Robinson, Jr., J.

J. Date: December 30, 2024

FINDINGS of

FINDINGS of FACT And

and OPINION

Dependency Findings

Dependency Findings

A

A two

two (2)

(2) and one-half day

day hearing

hearing was held April

April 24, 25, and 26, 2024 on the Petitions

Involuntary Termination of Parental Rights

for Involuntary Rights (IVT)

(VT) filed October 25, 2023 by the Butler County

Children and Youth Services ("Agency") against Brannon Jamar Irvin ("Father") and Brittany

("Agency") against

Irvin ("Mother").

Irvin Both Parents

("Mother"). Both Parents appeared and were

appeared and were represented by counsel.

counsel. Mother

Mother and Father are

Father are

the

the natural parents of the

natural parents following five

the following five (5)

(5) minor children: B. J. I., Jr. age 14

14 (D.O.B.

(D.0.B. 03/05/2013);

P. I.,

L, age 9 (DOB:

(DOB: 02/16/15); L. L. I,

I., age 7 (DOB: 07/09/17); N. IL

I. L,

I., a.k.a

aka Baby Gird,

Girl, age 5

5

(DOB: 07/01/19);

(DOB: 07/01/19); and N. J. I.,

N. I. L, age 2 (03/10/22)

(03/10/22) ("Children"),

(Children"), all of whom are adjudicated

adjudicated

dependent. The Children's court-appointed

dependent. court-appointed Guardian ad litem (GAL")

("GAL") appeared on their behalf.

behalf.'1

Also pending

pending is the Agency's Motion for Goal Change

Change filed at the Dependency action

action (D.

(D. P. No.

9of 2016).

9of2016)

grounds alleged by the

The grounds the Agency for involuntarily terminating

terminating the parental rights

rights under

23 Pa. C.S. §2511(a) follows: (a)(1);

$2511(a) are, as follows: (a)X1; (a)(2); (a)(5); (a)($).

(a(5) and (a8)

to N. L.

On July 1, 2019, Mother gave birth in her home t I. I. The newborn was subsequently

transferred to Magee Women's Hospital

to Magee Hospital in Pittsburgh. On the following day, the Agency received

Pittsburgh. On

1This Court finds no conflict of interest exists Susan B. Lope,

TN« Lope, Esq. serving as the Guardian ad #item

litem in the respective

Dependency

Dependency action and as counsel for the Children in the matter sub juice.

judice. This Court further finds the Children

are

re each unable to both fully comprehend the true depth of of "permanency"

permanency and articulate aareasonable preference.

I1

information the newborn

information newborn tested positive for

tested positive for cocaine

cocaine and methadone. Agency's Caseworkers

methadone. The Agency's Caseworkers

two (2)

and two (2) Butler County Adult Probation

Butler County Probation Officers conducted aa home inspection. They

discovered there was no electricity serving the residence. Mother and Father admitted using

three (3)

cocaine three (3) days

days prior to Mother's

prior to Mother's delivery of N.

delivery of N. I.

I 1.I The

The Probation Officers

Officers also found

various medications, a

various medications, aloaded gun,

gun, crushed up

up pills,

pills, and drug paraphernalia, all within reach of the

Parties' other

Parties' other children. Mother

Mother and Father

Father were

were incarcerated in the Butler

incarcerated in Butler County

County Prison

Prison for

violating

violating the terms of their respective

respective probations

probations terms by possessing the loaded gun. The

Detention Order

Detention Order issued

issued on

on July

July 3,

3, 2019, followed the

2019, followed the same

same day

day by

by aaShelter

Shelter Care hearing. Upon

hearing. Upon

the

the recommendation by

by the Juvenile Court Hearing

Hearing Officer, the Court directed the Children be

detained to

detained to protect

protect their health,

health, safety, Dependency petitions were also filed

safety, and welfare. Dependency filed for tbe

the

Child's

Child's three

three (3) siblings.' The newbom,

(3) older siblings newborn, N. J. I.,

L, was hospitalized

hospitalized from July 11through July

19, 2019,

19, 2019, due

due to

to cocaine

cocaine addiction.

The Adjudication

Adjudication hearing was scheduled on July 18, 2019, and, due to the unavailability

court-appointed attorney,

of Mother's court-appointed attorney, continued and rescheduled on July 24, 2019., at which time

adjudicating

an order was entered adj udicating the four

four (4)

(4) Children dependent. At this hearing, Mother and

using illegal

Father admitted using illegal drugs.

drugs. The Children placed with their Paternal Aunt, Chanel Irvin,

boyfriend, "Richard," had

whose boyfriend, had a

a felony conviction from 20 years prior. Because of Richard's

Agency was unable to obtain certification of Paternal Aunt's home, as an

criminal record, the Agency

appropriate placement

appropriate option. However, the Children remained

placement option. remained placed in her home because the

Agency believed it was in their best interests, the lack of proper certification

Agency certification.

Mother and Father remained incarcerated at the time of the Disposition hearing held on

August 22, 2019. The Court

August Court entered an order maintaining the Children's placement with the

2The youngest

The N.I.I., was born nearly three

youngest child, N.A.A., three (3)

{3) years later on March 10, 2022

2022.

22

Disposition Order further

Paternal Aunt. The Disposition further directed Mother and Father to

Mother and to contact the Agency

immediately upon

immediately upon release from incarceration, to

to participate in any parenting programs available

participate in

through

through the Butler County Prison, and to

Butler County to maintain contact with their

their children by sending cards and

letters to the

the Agency's assigned caseworker, who would forward all correspondence to the four

Agency's assigned

(4) children.

The initial Permanency

The Permanency Review Hearing (PRH)

Review Hearing (PRH) was scheduled

scheduled on September 4, 2019, but

continued by order, due to a

by consent order, a conflict of interest involving Father's court-appointed

attorney. Upon

attorney. Upon motion by Agency, the Court granted

by the Agency, granted its

its request for

for an early PRH based upon

certain safety

safety concerns existing in Paternal Aunt's home. This hearing was held before the Hearing

Officer on October 9, 2019.

early PRH,

At the early PRH, Mother was no longer

longer incarcerated. Father remained in the Butler

upon recommendation by the Hearing Officer, that both

County Prison. The Court determined, upon

Parents were minimally

minimally complying

complying with the Children's Permanency Plans (CPP);

(CPP); Mother's

progress toward

progress toward alleviating

alleviating the

the circumstance

circumstance necessitating the original

necessitating the original placement

placement was

was minimal,

since released from incarceration,

incarceration, and Father made no progress. The placement goal was

reunification with aaparent

reunification of the Children with parent or guardian

guardian with

with adoption as the

the concurrent plan.

A Hearing Officer approximately a

A PRH was held before the Hearing amonth later on November l4,

14,

2019. Despite

Despite being incarcerated, Father demonstrated moderate compliance with the provisions

being incarcerated,

Permanency Plan.

under the Permanency However, he was not making progress toward relieving the

However,

dependency circumstances, although

dependency although Father completed

completed aa drug and alcohol evaluation

recommending

recommending inpatient treatment.

inpatient treatment. Mother was progressing toward certain goals.

progressing toward She

consistently tested

consistently tested negative

negative for illegal

illegal substances, obtained employment, obtained housing

housing in

in an

addiction rehabilitation

rehabilitation home,

home, and attended appropriate

appropriate treatment. Therapeutic visitations with

33

Mother

Mother were

were recommended, due to the Children's

recommended, due Children's behavioral concerns. The permanency

behavioral concerns. permanency goal

goal

remained reunification with Mother and Father.

At

At the

the PRH held February

February 6,

6, 2020, the

the Hearing Officer

Officer determined both parents were

were

substantially complying

substantially complying with the CPP's. Father

Father was no longer

longer incarcerated.

incarcerated. Mother

Mother and Father

obtained housing under a

housing under aone(l)

one ( 1) year

year lease.

lease. They consistently attended therapeutic

They consistently therapeutic visitation with

with

the

the Children.

Children, However, neither

However, parent was involved

neither parent involved with

with mental

mental health services. Mother's

health services. Mother's

progress remained

progress cooperated with drug

remained moderate. She cooperated drug screening,

screening, which revealed her ongoing use

of marijuana.

of marijuana. Mother

Mother successfully

successfully completed intensive outpatient

completed intensive outpatient treatment

treatment at

at the Gaiser

Gaiser Center

Center

and transferred to the facility's stepped-down outpatient

facility's stepped-down outpatient program. However, Mother's attendance

outpatient was poor,

in outpatient poor. On January

January 23, 2020, she tested positive

positive for amphetamines, no longer

worked,

worked, and was not receiving mental health services.

. Father was achieving

achieving moderate progress toward attaining the goals outlined by the

Agency. inpatient drug and alcohol treatment at Conewago Indiana, and underwent

Agency. He attended inpatient

adrug

a drug and alcohol evaluation at the Gaiser Center, which recommended intensive outpatient

treatment. Due to scheduling

treatment, scheduling issues, Father opted

opted decided to participate

participate in intensive outpatient

treatment at Butler

treatment Butler Memorial.

Memorial. However,

However, Father tested positive

Father tested positive for THC and amphetamines

for THC amphetamines on

on two

(2) occasions. The Children's continued placement

Q2) placement with the Paternal Aunt was found to be in

in their

best

best interests. .

interests. '

3

The next

next PRH scheduled on

on April

April 30, 2020 was continued to July 23,

23, 2020, due to

surrounding the COVID pandemic.

circumstances surrounding pandemic. Upon the Hearing Officer's recommendation,

Court maintained Children's placement with Paternal Aunt. Mother and

the Count and Father were making

re

I pN Orders dated November 14, 2019 and February 6, 2020 were amended b

The PRH by pRH

PRH Order

Order -— Amended,

docketed on April 9, 2020 to properly reflect the Agency had legal custody of the Children with the Paternal Aunt

continuing with physical custody.

continuirg

4

4

toward alleviating the circumstance which

minimal progress toward which necessitated the original placement.

They

They were inconsistent participating

participating with

with the services being

being offered, including

including drug screening. Of

the 45 scheduled drug

drug screens for Mother and Father from January 2,

2, 2020 to

to July 16, 2020, both

Parents tested negative four (4

negative only four (4)) times in January of 2020. They had positive results for using

THC and other substances on ten

ten ((10)

10) occas

occasions.

oi ns. Mother and Father failed to appear for drug

screening on

screening on 27

27 occasions,

occasions, during

during this

this roughly six- and

roughly six- and one-half-month period.

period.

On April

April 25, 2020, the Butler City

City Police and emergency medical personnel responded

responded to

the home of Mother and Father for aareported drug overdose. Upon

reported drug Upon arrival, the EMS personnel

found Mother lying unresponsive inside the doorway

doorway of the home. She was successfully

successfully

administered aadose of Naloxone

Naioxone and Mother became responsive.

responsive. In early July 2020, Mother and

Father were facing

facing new criminal charges

charges arising

arising from separate incidents involving trespassing and

and

theft at Walmart.

theft Therapeutic visitation with the Children occurred at

Walmart. Therapeutic at Family

Family Pathways, but

Pathways, but

Mother and Father attended only 24 of 49 scheduled sessions from January 22through July 16,

2020. During these visits, they

they were dismissive and argumentative with the Family Pathways

Pathways

therapists, such as using intimidating language toward the Children, including threats to remove

using intimidating

security. Mother and

food, shelter, and security. and Father resisted improving

improving their parenting style.

By Order dated October 14, 2020 upon

upon the Hearing

Hearing Officer's Recommendation following

following

another PRH, the Court continued placement

another placement of the Children. Mother and Father were

were discharged

discharged

from therapeutic visitation services by Family Pathways on September 10, 2020, for numerous

concerns regarding

concerns regarding their

their tone

tone of

of voice, angry and threatening

voice, angry demeanor, name-calling,

threatening demeanor, name-calling, and taking

taking

the Children

the Children away

away from

from the visitation

visitation supervisor to speak

supervisor to speak privately with them.

privately with them. Supervised

Supervised

visitation resumed

visitation September 22, 2020 with another provider, Justice Works. Additional findings

resumed September

at the PRH include

at include Mother and Father failing

failing to pay rent and utilities. Both

pay rent Both Parents were

were involved

55

with service providers,

with providers, although they

they had

had inconsistent drug screens. Mother and Father obtained

prescription

prescription medical marijuana cards and continued testing positive for THC. The criminal

charges arising

charges arising from the incidents in early July 2020 remained pending and Father continued to be

on probation. remained with Paternal Aunt.

probation. Placement and physical custody of the Children remained

Visitation was modified supervision twice a

modified to in-home supervision aweek for two (2)

for two Q2) hours each session. Both

Parents were moderately

moderately complying with

with the Permanency Plan and

and were making moderate

progress toward alleviating

progress alleviating the circumstances necessitating the original placement.

At the next PRH held December 3, 2020, the Hearing Officer issued detailed Supplemental

Findings in support

Findings support of the recommendation to return the Children to Mother and Father. The

visitation provider, Justice Works, observed no safety concerns regarding the care Mother and

. . provider, .

Father were providing

providing to their

their children and the Parents were making substantial progress, both

alleviating the circumstances which necessitated the original placement and complying

toward alleviating

with the Agency's Permanency Plan. Both Parents complied with drug and alcohol treatment and

Agency's Permanency

participated in mental health

participated health counseling. Their delinquent rent was nearly current. Mother

employment, while Father was receiving monthly Social Security Disability income.

obtained employment,

Over the

Over the Agency's objection, the

Agency's objection, the Hearing Officer's Recommendation was

Hearing Officer's by Order

was adopted by Order of

Court on December 3, 2020, directing

3, 2020, directing the immediate return

retum of the Children to Mother and

and Father.

A PRH

A PRH (Non-Placement).

(Non-Placement) was scheduled on January 21, 2021.

PRH (Non-Placement),

At this PRH (Non-Placement), the Hearing Officer determined Mother was neither

drug and alcohol sessions at the Care Center nor participating in mental health

attending any drug

counseling, since the Children

counseling, Children were returned

returned home. She missed many in-home drug screens, but

negative for those screens she took. Father was discharged January

tested negative January. 12, 2021 from drug and

alcohol treatment because he was not attending.

attending. He was at risk of being discharged from mental

66

health services, having

having only attended one

one (()

1) session. Mother and Father faced eviction from their

home, non-payment of rent. They refused assistance from Justice Works to

home, due to non-payment to find suitable

housing.

housing. The Hearing

Hearing Officer's Recommendation dated January 21, 2021, as adopted by Order

issued February 4, 2021, states:

Although

Although there are no current safety concerns in the home, there are numerous

concerns regarding

regarding the Parents' cooperating with services and the stability of

their

their housing.

housing. In addition, there are concerns regarding the children's

not attending school. Although the concerns do

behaviors and not do not justify

at this

removal of the children at to remain open

this time, the matter will continue to

with the Court and the CYS Agency until such time as it can be determined

that the parents have addressed the housing

parents have housing issue,

issue, have addressed their

financial issues, have continued with drug and alcohol and mental health

treatment, have been consistent with drug screens, have addressed the

children's behaviors, are getting the children to school on time every day, and

are cooperative with the Agency and Justice Works.

The next

next PRH

PRH (Non-Placement)

(Non-Placement) scheduled March 3, 2021 was rescheduled to March 18, 2021.

On March 18,

18, 2021, the Hearing Officer found Mother and Father were discharged from

drug and alcohol treatment and mental health counseling for failure to attend. Housing was a

both drug a

serious concern. A

A landlord-tenant civil proceeding

proceeding was scheduled on April 7, 2021. There

There were

difficulties with the school-aged children's attendance. Despite these concems,

concerns, the

the Children

in the home with Justice Works providing

remained in providing the services directed by the Agency.

court supervision

At the July 1, 2021 PRH, the Hearing Officer recommended terminating court

of the Children because Mother and

and Father obtained adequate housing, rent

rent was current, and

and they

consistently had negative drug

drug screens. The Children's school attendance

attendance was as well.

was improving, as well.

In January 2022, the Agency received aareport Mother and Father may be living with the

at a

Children at alocal motel. There were also concerns about

motel. There about aapossible physical alternation between

Mother and Father. The Agency's

Agency's Caseworker, Amy McGill,

MeGill, confirmed the family was living

living in

a searching for appropriate housing.

a motel and searching housing: Ms. McGill testified Children's needs were being

7

7

despite living

met, despite living in the

the motel, and Mother and

and Father were housing support from the

were seeking housing

community.

community. The youngest five (5) siblings was bom March 10, 2022. A

youngest of the five A week later on

March 17,

17, 2022, there was aaCPS report one (1) of the Children sustained an eye injury. Mother

report one

and Father reported

and reported the fell off his bike. Upon investigation, the Agency determined

the oldest Child fell

the CPS report unfounded.

Later in 2022, there was another CPS report concerning N. I

I. losing too much weight and

another younger sibling, LI.,

L.I., presenting

presenting at the local Head Start childcare facility with a

aSuboxone

wrapper in her

wrapper in her backpack. N.Us stomach illness and vomiting were the

backpack. Mother and Father said N.I's

cause of his

cause his weight

weight loss.

loss. After

After investigating

investigating the Agency

Agency concluded

concluded the Suboxone wrapper incident

incident

was valid,

valid, despite

despite Mother and Father asserting they utilized aa lockbox in their home for

safekeeping medications.

safekeeping

On

On July

July 11, 2022, the Agency,

Agency, again,

again, became

became involved with the family when the Adamns

Adams

Township

Township (Butler Department contacted the Agency

(Butler County) Police Department three (3) of

Agency concerning the three

the residence.

the Children left unattended in the residence.' The Officers determined these children were left

two (2)

alone for approximately two (2) hours without

without any adult

adult or appropriate caregiver present. Adams

Officer Jose

Township Officer Jose Ceron

Ceron testified

testified it took Mother and

it took and Father one ((1)

Father over one 1) hour for them

hour for therm to

to

B.I. called his parents to inform them the police were at the residence.

return home, after aachild, B.I

he was on the phone with Mother and Father, they told their son they

However, when he they were,

were,

"...turning Ceron smelled marijuana within

...turning on the street now." Officer Ceron along with

within the home, along

finding suspected marijuana found within reach of the Children. The police took Father into

finding

custody, while

custody, the Agency

while the Agency placed

placed the Children with

with the Maternal Great-Grandmother, Theresa

Harold. Mother and Father were charged

charged with felony

felony endangering the welfare of children. A

A

At the time, these Children were B.L,

At

4 B.I., age 9LA,

9; L.I., age

age 5; and N.L.,

N.l., age 3.

88

search warrant was issued and,

and, upon searching

searching the vehicle after it arrived home, the police

discovered several prescription

prescription bottles with one

one ((1)

1) bottle containing evidence of crack cocaine.

The investigating there was inadequate food in

investigating officers also determined there in the home.

the following

On the following day, entered, due to these safety

day, an order detaining the Children was entered,

concerns, including,

concerns, including, but not limited to the unavailability of Mother and Father. On July 13, 2022,

the Agency

Agency filed the Petition for Dependency

Dependency and application for shelter care. Sufficient evidence

was presented

presented to establish aareturn

return of the Children to their

their home Mother and Father was

home with Mother

Hearing on the Agency's

unsafe. Hearing Agency's Petition was scheduled on July 27, 2022. Prior to the hearing,

the Agency

Agency filed an Amended

Amended Dependency concerns, such as the

Dependency Petition, addressing additional conoems,

older Children's poor attendance and insufficient health care.

poor school attendance

Prior to the July

July 11, 2022 incident involving

involving the police, one

one (1) of the Children, N. L,

I., was

having

having breathing

breathing difficulties and weight gain issues. Mother and Father were advised to take him

to Children's Hospital

Hospital of Pittsburgh, which they

they failed to do. The following day, N. L

I. was

transported by ambulance and

transported by and admitted to Children's Hospital.

Hospital, Mother and Father later signed-

out the boy

boy from the hospital

hospital against medical advice. The health issues involving N. I.

L. later

resolved.

resolved. However,

However, all missed various

all of the Children missed various health care appointments. For

health care For example,

the Agency's

Agency's assigned attempted to have authorizations signed by Mother and

assigned Caseworker attempted and Father

to release dental care information. Mother informed the Caseworker there was no identified dental

provider for the Children.

Mother and Father arrived approximately 20-25 minutes late to the Detention hearing held

July 27,

on July Counsel for

27, 2022. Counsel for Mother and Father

Mother and Father requested afull

requested a full evidentiary

evidentiary hearing regarding

dependency allegations. Due to the Hearing Officer's schedule, there was insufficient time to

the dependency

conduct aalengthy

lengthy hearing,

hearing, so it was rescheduled to August 12, 2022. However, some testimony

99

was received on July

July 27,

27, 2022, regarding

regarding the Agency's request to modify the Children's placement.

placement

Agency alleged

The Agency alleged Mother, who was required to be supervised with the Children, was

unsupervised, when she took the Children to a

unsupervised, amedical appointment. There

There were additional safety

concerns how the Children and Mother were transported to the appointment. Placement of the

Children was modified by

Children by removing

removing them from

from Maternal

Matemal Great-Grandmother's care and placing

the Children into foster care.

At the August 17,

the August 17, 2022,

2022, Adjudication

Adjudication hearing, the evidence established Father

the evidence three

Father faced three

(3) felony

(3) felony child endangering

endangering charges and five

five (5) misdemeanors arising from the July 11, 2022

Soon thereafter, he was also charged for a

incident. Soon asomewhat related incident occurring on

August

August 8,

8, 2022,

2022, comprised two (2)

comprised of two two (2)

(2) felonies and two (2) misdemeanors, where

where Father threatened

aaneighbor

neighbor near the apartment

apartment rented by the Mother and Father. Mother was charged with two

two (2)

Q2)

felony endangering

felony endangering charges,

charges, three (3)

(3) misdemeanors, and a

a summary offense arising from

from the

incident on July

incident 11, 2022. Father was incarcerated

July 11, incarcerated in the

the Butler County Prison with bail set

Butler County set at

$100,000.00.

$100,000.00. At the Disposition

Disposition hearing

hearing held September 14, 2022, the continued placement of the

Children was ordered with Mother entitled to supervised visitation twice aaweek, since she was

not incarcerated. Father was granted visitation, contingent upon his release from jail. A

A PRH on

December 14, 2022. On or about November 1,

I, 2022, the Agency requested aaplacement change

to allow all five

five (5) to remain together

(5) children to together in foster care.' care.

At the

At the December 14, 2022 PRH,

PRH, it was determined continued placement of the Children

was in their best interests. Father remained incarcerated. On the other hand, Mother was making

progress toward alleviating the circumstances necessitating the

moderate progress the original

original placement.

placement. She

maintained aaresidence in

in the Adams

Adams Ridge development located in

Ridge development southern Butler County and

in souther

Mother and Father gave birth their fifth child, Nair,

Mother

5 Nazir, on March

March 10, 2022.

10

was able to

to drive a

asuitable vehicle for transporting the Children. Mother was also working full-

time. An early PRH was scheduled for February 2, 2023.

By

By Order dated December

December 22, 2023, Mother received supervised visitation on Christmas

Day a.m. until 8:00 p.m.

Day from 10:00 a.m. p.m, at the Foster family's home, so long she submitted to

long as she to a

a

drug

drug screen on that day.

day. Additionally,

Additionally, Mother was granted

granted supervised visitation time in her home

on weekends, at times to be agreed

agreed upon between the Agency

Agency and Mother's counsel. The next

PRH was scheduled on January 19, and later cancelled, upon the

19, 2023 and the Agency's motion.

February 1, 2023, counsel for Mother filed a

On February a Motion for Continuance of Early

Permanency

Permanency Review Hearing

Hearing scheduled on February 2, 2023. An entered granting

An Order was entered

request continuing

Mother's request continuing the PRH to March 8, 2023, primarily

primarily to

to allow the Agency and Mother

to

to evaluate her progress exercising extended visitations.

At the March 8, 2023, PRH, the evidence supported continuing placement of the Children

in Foster care. Father remained incarcerated. Mother was deemed to

to be

be substantially complying

goals outlined by

with the goals Agency. Another review hearing was scheduled on March 24, 2023.

by the Agency.

Agency's Caseworker conducted a

The Agency's ahome visit on March 15, 2023 and

and was informed

by one

one ((1) had "grabbed up on him." At

1) of the Children that an individual known as "Uncle Miz" had

the time, Mother had

had unsupervised custody of the Children at Maternal Grandmother's home every

unsupervised custody

weekend. Mother claimed she does not allow anyone around the Children. Upon further inquiry,

the Agency

the Agency discovered

discovered Uncle

"Uncle Miz"

Miz" was Joshua McKenzie, who was under close

Joshua McKenzie, close surveillance

surveillance by

by

Federal Marshalls. On or about April

April 12, 2023, the Agency petitioned for an early review hearing,

to concerns with some adult

due to adult being

being around the Children, during Mother's visitation.

At the early PRH held April

April 27, 2023, the evidence indicated Mother was exercising poor

poor

judgment with certain adults she allowed to be in contact with the Children. Mother was prohibited

judgment

11

II

to have anyone be in her home when having overnight visitation ofthe Children, unless she Agency

gave approval after it conducted criminal background checks. The next PRH was scheduled on

gave approval

June 28, 2023.

7, 2023,

On June 7, 2023, one

one ((I)

1) of the Children requested that, "Terrance"

"Terrance" [Clowney]

[Clowney] wouldn't

anymore" The Agency

come around anymore." Agency determined Federal Marshalls were also searching for Mr.

Clowney because a

Clowney awarrant was issued for

for his arrest. Mr. Clowney frequented Mother's residence

on several occasions. He was apprehended to face drug-related charges.

Later in June 2023,

2023, the Butler County

County Drug

Drug Task Force arrested and charged Mother with

felony drug charges

felony drug charges involving

involving fentanyl

fentanyl distribution, as well as aamisdemeanor drug paraphernalia

charge. Maternal

charge. Maternal Oreat-Grandmother,

Great-Grandmother, who previously served as kinship placement for the

Children was

was present during some of Mother's drug dealing. A

A search warrant of Mother's

cellphone

cellphone further revealed Maternal Great-Grandmother was fully aware of Mother's illegal drug

activity. The search of Mother's cellphone also revealed an incident of aathird-party

activity. third-parry trying to buy

aabundle of fentany]

fentanyl from Mother on June 28, 2023. Mother text message reply stated, "give me

aasecond 1

I have my kids."

At the PRH

At held July

PRH held July 19,

19, 2023,

2023, Father

Father remained

remained incarcerated.

incarcerated. Mother tested

tested positive

positive for

cocaine and continued her association with known drug-related persons. Mother underwent

ongoing drug

ongoing drug screens twice per

per week

week and hair follicle testing.

testing. Mother's court-appointed attorney

requested a

requested acontinuance of the October 11, 2023, PRH, because she had a

apreviously scheduled

vacation, but then fell ill with €OVID-19.

COVID-19. An Order granting the continuance request was entered

and the

and the PRH was re-rescheduled to

to October

October 26, 2023.

.the

Father was still incarcerated at the time of

of Ahe October 26, 2023, PRH.

PRE Mother was

minimally complying with the Children's Permanency Plans. She was not communicating with

12

the Agency and also had outstanding

outstanding criminal warrants.

warrants. The Children remained placed in Foster

care.

On October 24, 2023, the Agency filed the within Petitions to involuntarily terminate the

parental

parental rights the Children's birth parents.

rights of the parents. The evidentiary hearing on the IVT petitions was

scheduled for April 24 and

and 25, 2024.

February 2,

On February 2, 2024, the Agency

Agency filed its Goal Change from

its Motion for Goal from reunification to

Court entered an Order on February 7, 2024, scheduling an evidentiary hearing on

adoption. The Court

the Motion for Goal Change

Change on April 24 and 25, 2024.

The next PRH was held February

February 21, 2024. Mother and Father were incarcerated, the latter

since the July 2022 incident three (3) of the Children left unattended in the home without

incident involving three

supervision, insufficient

supervision, insufficient food, marijuana

marijuana within

within their reach,

reach, and intimidating witnesses. The

witnesses. The

was ordered because their parents were making no

Children's continued placement in Foster care was

eliminating the dependency circumstances. Despite being entitled to visitation

progress toward eliminating

rights, while in the Butler County

rights, County Prison, efforts to

to reunify him with the Children and to achieve

the goals

goals under the C

C PP was difficult. On January 2, 2024, Father was transferred from the Butler

SCI -- Quchanna

County Prison to the SCI Quehanna Boot Camp,

Camp, where visitation was prohibited.

prohibited.

PRH was

Another PRH held April

was held 24, 2024.

April 24, 2024. Mother

Mother and Father

Father remained

remained incarcerated: Mother at the

Mother at the

County Prison and Father at tbe

Butler Country the sC1.Quchanna

SCI-Quehanna Boot Camp.

Camp. The

The Children continued

continued in Foster care

placement. Mother and Father were found to

placement. to minimally

minimally complied

complied with the

the Agency's plan, due to their

incarceration. The

incarceration. The Court

Court noted the

the Children

Children were thriving pre-adoptive

were thriving pre-adoptive Foster

Foster placement

placement because all

all their

their

needs were

needs were being met.

being met.

A subsequent PRH

A subsequent PRH was scheduled for

was scheduled for May

May 16, 2024. The

The Agency

Agency requested

requested aacontinuance,

continuance,

asserting the

asserting the dependency

dependency case was

was "status quo," pending

"status quo," the outcome of the Agency's five (5

pending the (5 WT)

IVT)

13

Counsel for Mother and Father, along with the Children's court-appointed GAL, consented to the

Petitions. Counsel

Agency's request and,

Agency's request by Order entered on May

and, by May 16, 2024, the PRH was rescheduled to October 10, 2024.

On June

June 19, 2024, the Agency

19, 2024, Agency filed its Motion to Suspend

Suspend Natural Mother's Visitation, alleging

participated in Zoom virtual visitations with the Children from the Butler County Prison and included

she participated

she

Father,

Father, Maternal

Maternal Grandmother,

Grandmother, and Maternal Great-Grandmother by utilizing her Zoom log-in information.

Mother

Mother was cited for

was cited for violating

violating the Prison's Inmate Phone/E-Messaging Policy because she shared the Zoom

Meeting Access Code with outside individuals. By Order of Court dated June 18, 2024, Mother's

ID and Access

Meeting ID

was suspended,

visitation was suspended, pending further Order of

pending further of Court.

Court.

On August

August 27, 2024, the Court entered an Order directing the Butler County Clerk of Courts to

27, 2024,

docket

docket Father's Petition to

to Permit Father's Visitation because he was released from

from Quehapna

Quebanna and residing

residing

in a

in ahalfway

halfway house Allegheny County,

house in Allegheny County, Pennsylvania. By Order dated

By separate Order dated August

August 28, 2024, the

Court scheduled

Court scheduled aahearing requesting some form of visitation.to be heard on November

hearing on Father's Petition requesting

4, 2024.

4, 2024.

an Order was entered October 1, 2024, cancelling and consolidating

On the Court's motion, a

Father's

Father's Petition to Permit Visitation with the

Petition to the Permanency to be

Permanency Review Hearing scheduled to be held on October

17, 2024

17, 20246 before the Juvenile Count

Court Hearing

Hearing Officer. On or about November 6, 2024,

2024, the Court received

received

the Juvenile

the Juvenile Count

Court Hearing

Hearing Officer's Recommendation stating counsel for the

the Children's parents request

parents request

the matter be

be heard by

by the

the Court.

Hearing

Hearing on Father's Petition to Permit Visitation as well

Petition to well as A

aPHR were held before this Court on

November 22, 2024.

November 2024. His

His request

request for visitation was denied.

visitation was

IVI

IVT Testimony

Barry Jones of Justice Works testified that, from August 2022 through October 2023,

Bany

Justice Works

Justice Works coordinated supervised visitations between Mother and the Children, who were

were

The PR1

Te

6 PRH4 was

was originally

originally scheduled for October 10, 2024 via the Agency's However, due to

Ageney's Motion to Continue. However,

unavailability Court, the PRH was

unavailability of the Court, was rescheduled for October 17,2024.

17, 2024. (See,

(See, Hearing Officer's

endatioin filed November 6, 2024)

Recommendation

Rec

14

placed in aaFoster care family in Crawford County,

County, Pennsylvania. These visits were scheduled

every Thursday, despite

every despite problems

problems with Mother usually

usually arriving

arriving late. The Children showed

toward Mother at

affection toward at these supervised

supervised visits.

visits. Arrangements

Arrangements were

were made by the

the Agency with

with

the Butler County Prison for Father to have telephone contact with the Children. In late December

progressed to monitored visitation with increased frequency to

2022, Mother's supervised visits progressed

twice each week for aafew hours each visit.

visit, There were occasional visits held in Mother's home.

The Agency provided Mother with

with gasoline

gasoline cards

cards to

to financially

financially help with travel

help with travel from Butler

Butler

County to Crawford

County Crawford County.

County. At

At times during

during Mother's visitation with the Children,

Children, Mr. Jones

occasionally using

overheard her occasionally using foul language and stating ultimatums to the Children. She also

failed through

failed through with

with promises

promises made

made to the Children

Children.

who works at

Joel Zacherl, who at the Butler County

County Prison, testified inmates are offered voluntary

programs, but inmates must first enroll to participate.

rehabilitation programs, participate. After Mother was incarcerated

in August 2023 on drug charges, she did not participate

participate in any rehabilitation programs. From July

2022 until he was transferred to aastate correctional facility on January

January 2, 2024, Father failed to

enroll in any

enroll any rehabilitative programs,

programs. Mr.

Mr. Zacherl

Zacherl indicated Father

Father was placed

placed on

on restricted status

for disciplinary reasons, which prohibited

prohibited his ability

ability to enroll in these programs.

programs.

Mother Treatment Center

Mother attended Crossroads Treatment Center for drug addiction

addiction treatment

treatment from 2019

2019

through

through December of 2023. She received medication management and prescribed Suboxone by

injection. Mother

Mother has

has never for non-compliance.

never been discharged for compliant with

non-compliance. Mother was compliant with

treatment but,

treatment but, since

since is

is presently

presently incarcerated in

in the Butler

Butler County

County Prison,

Prison, she

she cannot

cannot maintain

maintain

treatment through Crossroads. Upon

Upon release from incarceration,

incarceration, Mother will be required to re-

enroll to resume

resume drug

drug addiction treatment.

treatment.

15

Emily

Emily Pasquarello

Pasquarello of the Bair Foundation was contacted by the Agency to

to undertake

weekly trauma focused therapy for the older Children. On March 27, 2024, she reported to

weekly

alleged physical abuse of B. J. I,

ChildLine of alleged I., Jr. and his younger sister, L. L,

I., at the hands of

Father. Ms,

Ms, Pasquarello

Pasquarello did not prompt either Child. Rather, when these Children were asked

asked

about actions

actions and consequences,

consequences, B. J.

J. L,

I., Jr.

Jr. volunteered L. I,

L, was whipped by Father with an

cord. B. J. I,

extension cord. I., Jr. also reported pushed his pinky

reported Father pushed pinky finger, until he cried, and

and later

pushed him up

pushed up against

against the wall. Ms. Pasquarello made another ChildLine report on April 16, 2024,

reporting

reporting Mother allowed B. J. I., Jr., and his younger brothers. P.

P.1.

I. and N. I., to experiment using

vape. These Children found the vape on the side of the road, which

vape. which Mother was aware. She

She

when N. I. had the vape in his mouth. Ms. Pasquarello

laughed about it, even when Pasquarello indicates

indicates the Children

are

are doing

doing very well in the Foster

very well Foster home

home and

and participating

participating in many activities (Exhibits

many activities 4through

(Exhibits 4 through

11).

11).

Madison Oakes is aaPermanency

Permanency Specialist

Specialist with the BAIR Foundation. Specific to these

Children, she is performing

performing child preparation services consisting of ten

ten (10) sessions spanning six

(6) months. Upon

(6) Upon completion of the program, each Child becomes excited when viewing a Life"

"Life"

containing photos

book containing photos of Mother and Father. Ms. Oakes reports the Children all get along well

with each other and struggle to

to be

be serious, often singing songs together. There is nothing unusual

or extraordinary during the sessions. Permanency was not discussed by Ms. Oakes with

extraordinary occurring during

the

the Children.

Taylor Semko, who is

Taylor is also aaPermanency Specialist with the

the BAIR Foundation, started

started the

child preparation assignment in September

preparation assignment September 2023. She discussed

discussed permanency and adoption

and the adoption

process in an age-appropriate

age-appropriate level to the Children, explaining it is a "forever thing."

16

Testimony was received from another BAIR Foundation employee, Julie Vipp, who is a

Testimony a

Foster Care Specialist,

Foster Specialist, indicating

indicating the Children were placed in the

the Foster home on October 27,

2022. She opines

opines they

they are well-bonded with both foster parents and interact well with them. Ms.

Vipp describes the home as "very

Vipp "very neat" with the older boys sharing a

abedroom and their younger

sisters also sharing

sisters sharing a

a bedroom. The pre-adoptive

pre-adoptive father is

is employed, while the pre-adoptive

mother

mother stays

stays home tending

tending to the Children daily needs.

needs. There are no safety concerns and

and the

the older

they want adopted.

Children say they

Agency ongoing

Agency ongoing Caseworker Rachel Wettick received assignment

assignment to

to the dependency case

August 2,

on August 2, 2019,

2019, after the Children were adjudicated dependent on July 24, 2019 and placed

with the Paternal Aunt,

Aunt, Channel Irvin.

Lrvin. In general, the CPP provided Mother to be sober, stabilize

general, the

her health, and receive parenting

her mental health, parenting instruction. Father was released from

from incarceration

related to

to the probation

probation violation on December 10, 2019 and went directly to inpatient treatment

drug addiction. During

for drug During the height COVID-19 Pandemic from roughly March through

height of the €OVID-19

May

May 2020,

2020, there were difficulties for Mother and Father to participate in services, except

participating in virtual services. On December 3, 2020, the Children were returned to Mother and

participating

Father. The primary

primary caregiver upon

upon reunification was

was Father because Mother worked outside the

home. The

The Agency

Agency closed

closed the dependency case in July 2021.

Michael

Michael McConnell,

McConnell, who is the Butler County Adult Probation Officer supervising

Mother's house arrest. She was sentenced on September 23, 2023, after entering aaguilty plea to

Walmart theft incident. Mother failed to appear

the Walmant appear on October 17, 2023 for installation of an

electronic monitoring appeared October 20, 2024 at Butler County Adult Probation

monitoring device. She appeared

to

to have the device hooked-up.

hooked-up. On November 11, 2023, Mother was arrested and charged

charged with

felony intent to deliver drugs and other misdemeanors. She was placed in the Butler County

felony

17

Prison. Mother

Prison. Mother appeared

appeared with

with counsel on both days

counsel on days of

of the IVT

NT hearing, after

after being

being brought from

brought from

Sheriffs Department.

prison by the Sheriff's

The Agency presented further testimony from Intake Caseworker Amy

Amy Magill. On January

25, 2022, Ms.

Ms. Magill received a report concerning

a CPS report concerning the eviction of Mother

Mother and Father from

their home and were living in aamotel in Cranberry

Cranberry Township,

Township, Butler County. After further

investigation, this

this CPS report was validated, due to

to homelessness, and drug

homelessness, domestic abuse, and drug use

by Mother and Father.

Father. Ms.

Ms. Magill two (2)

Magill also discovered the two (2) younger siblings were not

younger siblings attending

not attending

school.

school.

There was aasecond CPS report

report on March 17, 2022 involving

involving an eye

eye injury

injury sustained by

by

the oldest Child, B.J.I.,

B.J.L, Jr. Ms. Magill met with him in the home. She was told by the Child he

fell from his bicycle, while staying with the Maternal Great-Grandmother. This CPS report

report was

unfounded.

Ms. Magill

Ms. Magill received

received aathird CPS

CPS report on

on May

May 16, 2022, due

16, 2022, due to

to concerns one ((1)

concerns one 1) of

of the

Children, N.I. was losing weight and

and. another Child, L.I., had aaSuboxone wrapper

wrapper in her backpack

backpack

at pre-school. The third

at third CPS

CPS report

report was validated.

The Intake

The Intake Supervisor for

for the Agency, Eric

the Agency, Eric Stover, while on-call the evening

while on-call July 11,

evening of July 11,

2022, received aacall from the Adams Township

Township Police Department. The police

police were called to the

residence of

residence of Mother

Mother and

and Father

Father and

and discovered

discovered three

three (3) of the

(3) of Children left

the Children left unattended.

unattended. Mother

Mother

and Father

and Father were

were taken

taken into police custody

into police custody with Father

Father placed the Butler

placed in the County Prison.

Butler County Prison. Mr

Mr.

Stover observed aachaotic scene, when arriving

Stover arriving to

to the residence at

at approximately 5:30 p.m. He

smelled the odor of marijuana inside the home. Mother admitted to Mr. Stover the Children were

left alone for about two

left alone two (2) she, Father,

(2) hours because she, Father, and

and Maternal

Maternal Great-Grandmother drove

drove the

the

newborn, NL,

newbom, N.I., to

to aadoctor

doctor appointment,

appointment, which

which was

was cancelled.

cancelled. All

All the

the Children

Children were

were initially

initially

18

18

placed

placed with

with Maternal Great-Grandmother. They

They were subsequently removed from her home and

placed

placed in two

two (2) placing the Children outside their home, the Agency

(2) Foster homes. Prior to placing

unsuccessfully attempted to place them with the Maternal Aunt, who resisted placement. She

unsuccessfully attempted

previously provided placement care of her nieces and nephews. In addition, Mr. Stover requested

previously provided

Mother and Father take urine

urine screens for suspected drug

drug use,

use, which they refused. He also

determined the Children were not attending any medical or dental appointments.

On January

On January 2, 2024, Father was transported

2, 2024, from the Butler

transported from County Prison

Butler County Prison to

to the State

the State

Quehanna Boot Camp

Correctional Institution at the Quchanna Camp ("Quehanna").

("Quehanna"). Douglas Twigg, who is aa

acceptance into Boot Camp. The State

Corrections Intake Counselor, testified Father qualified for acceptance

Drug

Drug Treatment Program

Program (STOP)

(STOP) proved

proved Father with intensive

intensive drug rehabilitation treatment

treatment

through successful completion of specific program,

through program, including therapeutic community and violence

prevention, by 60 days

prevention, followed by days of inpatient

inpatient rehabilitation, then release to a

arecovery home in

in the

the

community outpatient treatment. Mr. Twigg indicated Father's earliest possible release date

community with outpatient

from Boot Camp is June 5, 2024.

Quehanna Corrections Counselor Krista Modzel testified Father received no

Quehanna no "formal"

incidents "written-up", while at Boot Camp.

misconduct incidents Camp. She indicates Father requested

requested to

to be wait-

listed for enrollment in parenting

parenting sessions called "Inside/Outside Dad." Ms. Modzel testified

Father was denied visitation with the Children in accordance with Boot Camp policy, including no

to video visits. He was sending the

entitlement to the Children letters and cards,

cards, after

after first screened by

Camp personnel.

Boot Camp personnel. The Agency correspond with their father.

Agency permitted the Children to correspond father.

Township Police ofeer

Adams Township Officer Jose Ceron testified the IvT

testified on the second day of the IVT hearing

regarding the July

regarding July 11,

11, 2022

2022 incident when Mother and Father

Father left three

three (3)

(3) of their children

unattended at home. After

After arriving

arriving to

to the home at 3:30

home at 3:30 p.m. nd knocking

p.m. nd knocking on

on the door, Officer

Officer

19

19

greeted by

Ceron was greeted by a

ayoung

young child. Upon entering through the front door, he observed other

young

young children and no adults

adults present.

present. In plain view of the officer, and

and easily accessible to the

Children,

Children, were marijuana "blunts."

were marijuana The Agency

blunts." The Agency was

was alerted to the

alerted to situation. The

the situation. oldest Child,

The oldest Child,

B.I., Jr., used his cellphone

B.L, Jr., cellphone one

one ((1)

1) of his parents. Officer Ceron testified Mother and Father failed

to return

to return home after approximately an hour from the time B.I.,

B.L., Jr. contacted them.

them.

Father was taken into

into custody

custody by and .Mother

by the police because he and Mother became very agitated

and aggressive.

and aggressive. The

The Children said they were hungry. along with backup Officers

hungry. Officer Ceron, along

Ging

Ging and Murrick,

Murrick, observed aalack

lack of food in the home.

home. A valid search of the vehicle Mother and

A valid and

Father were using

using uncovered aaprescription

prescription bottle containing crack cocaine. Separate felony and

charges were filed against

misdemeanor charges against Mother Father.

Mother and Father.

Butler City

Butler City Police

Police Officer

Officer Ryan Doctor, who is

Ryan Doctor, is involved in

in the county

county drug

drug task force,

force, was

investigating

investigating Mother. On June 28, 2023, she was arrested for distributing fentany]

fentanyl (Children's

(Children's

1).

GAL Exhibit D)

IVT hearing. He is still married to Mother, but they

Father testified on the third day of the [VT

are not

are not an

an intact couple. He believes

intact couple. believes they are "trying

they are "trying to out." When Mother

to work things out." Mother was

working, Father served as the Children's primary caregiver,

working, caregiver, until incarcerated in 2019 and the

placed in kinship care. Father was released from jail in December 2020 and the Agency

Children placed

closed the dependency

closed dependency case. Father detailed the numerous residences

residences he and Mother rented,

rented,

including apartments in

including apartments Butler City

in Butler City and in Mars and Seven Fields Boroughs located in southern

Butler County.

While incarcerated in the Butler County

County Prison for 16

16 months, Father had weekly video

visits for 10 to 15

I5 minutes with each Child, beginning with I., Jr. to

with the oldest, B. L, to the youngest

son, N.I. When he entered the state correctional system at Smithfield, followed by Quehanna,

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20

visitation was prohibited. Father

visitation was Father sent

sent two

two (2)

(2) letters to the

letters to Children, one

the Children, one (1) of which

(I) of which was deemed

inappropriate and not

inappropriate not forwarded to them because it

to them it contained false promises.

promises.

Father indicates learning

learning so much in the Quehanna

Quehanna Boot Camp

Camp Program. He participates

participates

in individual

in individual and group

group counseling

counseling sessions, attends

attends an

an early

early morning

morning meeting, leads the

meeting, leads the

"Energizer Group"

"Energizer Group" to

to motivate fellow Boot Camp

fellow Boot Camp enrollees,

enrollees, and is

is involved

involved on

on other activities

activities

focusing upon

upon successful rehabilitation. His "clean

rehabilitation. His July 11, 2022, which is the day

clean date" is July day he and

Mother

Mother left three (3)

left three of their

(3) of their young children unattended

young children unattended for roughly

roughly two

two (2) hours. Father

(2) hours. Father believes

believes

if he

he is eventually reunified with

with the Children, then they

they will

will not any negative

not suffer any emotional

negative emotional

impact.

impact.

Father's criminal history dates to 2006, when he was age 18. From age 18

l8 until he was 25

years old,

years old, Father

Father was

was incarcerated

incarcerated in the state

state correctional

correctional system.

system. He was diagnosed

He was diagnosed with

with bi-

polar disorder at 15 or 16

at age I5 prescribed medication. Father

I6 and placed on prescribed Father began

began using illegal

using illegal

drugs at age 27 or 28, starting with using marijuana then

then moving on to crack cocaine and heroin

heroin.

not take Suboxone. Father says he feels better and no longer

He does not longer gets

gets easily

easily aggravated,

aggravated, as in

past. Father

the past. Father also

also suffer from blood

blood clots.

clots. He

He receives

receives Social

Social Security

Security Disability not

Disability when not

incarcerated.

Father feels the Children do not fully understand the termination of parental

parental rights

rights and

adoption processes

adoption because they

processes because they are

are being

being explained

explained in

in aa one-sided manner. He offered no

manner. He no

evidence to support this assumption.

When he is released

released from the

the state correctional

correctional system, there

there will

will be supervisory

supervisory "eyes" on

counseling, medication

Father with follow-up counseling, medication checks,

checks, and

and random urine tests

random urine tests three

three (3) times each

(3) times each

1f there are no

week. If no setbacks along the way and "all goes

way and goes well,"

well," Father will be free of supervision

supervision

in August 2025.

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21

Father denies committing

Father denies committing any

any domestic

domestic violence, claiming he never put

put a

ahand on

I., Jr. Father's testimony

the oldest child, B. I, testimony is not

not credible. Surprisingly, Father showed no

indications of remorse or regret

regret about the circumstances leading up to the Agency's request to

terminate his parental rights.

Mother, who

Mother, who is

is facing serious criminal

facing serious criminal charges,

charges, did

did not

not testify. Children's GAL

testify. The Children's GAL

requested the Court

requested Court apply aanegative evidentiary inference.

The first witness to testify at the IVT proceeding called by the Agency was Dr. Eric

Bernstein,

Bernstein, who performed the

who performed the Parental

Parental Assessment of Mother

Assessment of and Bonding

Mother and Bonding Assessment.

Assessment. Counsel

Counsel

for each Parent, the court-appointed

court-appointed GAL, and the Agency's

Agency's Solicitor stipulated to his

expert to

qualifications as an expert to perform

perform both assessments. His reports were admitted into evidence

objection (Exhibits

without objection (Exhibits 22and 3).

Due

Due to

to technical

technical issues caused by Father's incarceration, he was

was unable to

This text is long and has been trimmed here. Open the source document for the complete record.