The opinion
J-S22002-23
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT OP 65.37
IN RE: ADOPTION OF: J.J.J.D., A : IN THE SUPERIOR COURT OF
MINOR : PENNSYLVANIA
:
:
APPEAL OF: S.D., FATHER :
:
:
:
: No. 157 WDA 2023
Appeal from the Order Entered January 10, 2023
In the Court of Common Pleas of Washington County Orphans' Court at
No(s): C-63-OC-2022-184
BEFORE: OLSON, J., STABILE, J., and MURRAY, J.
MEMORANDUM BY OLSON, J.: FILED: September 12, 2023
Appellant, S.D. (Father), appeals from the order entered on January 10,
2023, granting a petition filed by the Washington County Children and Youth
Social Service Agency (the Agency) to involuntarily terminate Father’s rights
to his son, J.J.J.D. (J.D. or Child) pursuant to 23 Pa.C.S.A. §§ 2511(a)(1),
2511(a)(2), 2511(a)(5), and 2511(a)(8), and 2511(b).1 We affirm.
We briefly summarize the facts and procedural history of this case as
follows. J.D. was born in October 2020. Mother and Father are married, and
both are listed on J.D.’s birth certificate as his parents. On January 4, 2021,
the Agency took Child into care through an emergency verbal order when Child
____________________________________________
1 Mother executed a voluntary termination of parental rights and consent to
adoption. The trial court conducted an on-the-record colloquy and granted
Mother’s request. Mother is not a party to the current appeal. The Agency
and Child’s legal counsel and guardian ad litem filed briefs in support of the
order terminating Father’s parental rights.
J-S22002-23
was taken to the hospital for emergency medical treatment and there were
additional safety concerns with both parents’ substance and alcohol abuse,
ongoing incidents of domestic violence, and lack of stable housing. Following
a hearing on January 4, 2021, and with the agreement of Mother and Father,
the trial court granted a petition for shelter care filed by the Agency and Child
was placed with his maternal grandparents (Maternal Grandparents), where
he currently resides. The trial court further granted both Mother and Father
visitation with Child to be supervised by Maternal Grandparents. On January
15, 2021, the trial court adjudicated Child dependent and ordered a
permanency plan wherein Father was directed to submit to drug and alcohol
testing twice a month, complete drug and alcohol and mental health
treatment, obtain and maintain stable housing, complete batterer’s
intervention counseling, attend parenting classes, and abide by the terms of
his federal parole.2 On March 24, 2021, the trial court granted Father’s
petition for paternity testing and subsequent testing confirmed Father’s
paternity of Child.
The trial court held four review hearings thereafter. The trial court found
Father minimally compliant with the permanency plan at the first review
hearing held on May 4, 2021. On May 11, 2021, the Agency filed a status
____________________________________________
2 At the time of Child’s adjudication, Father was under federal indictment for
the sale of narcotics. On October 22, 2022, Father pled guilty to conspiracy
to distribute a quantity of a mixture and substance containing detectable
amount of cocaine and was sentenced to time served and four years of
probation.
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report with the trial court indicating that Mother and Father were involved in
a physical altercation wherein Mother punched Father in the face. Both Mother
and Father were subsequently granted protection from abuse (PFA) from the
other. On July 14, 2021, the trial court granted the Agency’s motion to
suspend Father’s visitation with Child due to the cross-PFAs filed by Mother
and Father. On July 22, 2021, Father’s supervised visitation was reinstated,
but later modified on July 30, 2021, directing Father’s visits with Child be
supervised by an Agency approved person, instead of Maternal Grandparents,
with visitation occurring at Blueprints Visitation House or other Agency
approved location. On August 17, 2021, the trial court held a second
permanency hearing wherein it determined that Father was again minimally
compliant with the permanency plan and found Father made no progress
toward alleviating the circumstances necessitating initial placement. The trial
court held the third review hearing on December 14, 2021. The trial court
again determined that Father was minimally compliant with the permanency
plan in so far as he attended visitation sessions and obtaining housing. The
trial court, however, noted that Father did not participate in alcohol and drug
screenings and/or mental health treatment and there were ongoing domestic
disputes when Mother and Father would encounter each other in passing
coming to and from supervised visitation sessions with Child. The trial court
also ordered the Agency to conduct a bonding assessment between Father
and Child. On April 12, 2022, the trial court held the final review hearing and
determined that Father was moderately compliant with the permanency plan.
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Father completed batterer’s intervention counseling, parenting classes, drug
and alcohol treatment, and obtained stable housing. Father, however, did not
receive or complete mental health treatment, was inconsistent with drug and
alcohol testing, tested positive for marijuana and methadone, and failed to
maintain consistent visitation with Child.
On February 1, 2022, the Agency filed a petition for involuntary
termination of Father’s parental rights. The trial court held three hearings on
August 31, 2022, September 19, 2022, and October 5, 2022. On January 10,
2023, the trial court entered an order and opinion involuntarily terminating
Father’s rights to Child pursuant to 23 Pa.C.S.A. §§ 2511(a)(1), 2511(a)(2),
2511(a)(5), and 2511(a)(8), and 2511(b). This timely appeal resulted.3
Father presents the following issues for our review:
1. Did the trial court commit an error of law in finding [the
Agency] submitted clear and convincing evidence to terminate
Fathers parental rights pursuant to 23 Pa.C.S.A. §[§]
2511(a)(1), (a)(2), (a)(5), and (a)(8)?
2. Did the trial court commit an abuse of discretion in considering
unsubstantiated facts in support of its position, specifically,
allegations of “potential domestic abuse” and findings that
Father failed to comply with court ordered services pre-
petition?
____________________________________________
3 Father filed a notice of appeal on February 7, 2023. He failed, however, to
include a corresponding concise statement of errors complained of on appeal
pursuant to Pa.R.A.P. 1925(a)(2)(i). Father corrected the error by filing an
amended notice of appeal with the concomitant concise statement the
following day, February 8, 2023. The trial court relied upon its earlier decision
filed on January 10, 2023, as its rationale for the decision to involuntarily
terminate Father’s parental rights.
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3. Did the trial court commit an abuse of discretion in failing to
credit Father with pre[-]petition participation in [c]ourt
[o]rdered services?
4. Did the trial court commit an error of law in requiring Father to
effectively state on the record his desire for reunification,
therein placing a legal burden upon the parent that is not
explicitly or implicitly recognized by statute or caselaw?
Father’s Brief at 4.
Our standard of review is well-settled:
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.
Int. of H.H.N., 296 A.3d 1258, 1263 (Pa. Super. 2023) (internal citation
omitted). “[T]he trial court is free to believe all, part, or none of the evidence
presented, and is likewise free to make all credibility determinations and
resolve conflicts in the evidence.” In re Q.R.D., 214 A.3d 233, 239 (Pa.
Super. 2019) (citation omitted). “If competent evidence supports the trial
court's findings, we will affirm even if the record could also support the
opposite result.” In re B.J.Z., 207 A.3d 914, 921 (Pa. Super. 2019) (citation
omitted).
In his first issue presented, Father argues that the trial court “failed to
consider all of the court ordered services that Father either completed or
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began prior to the initiation of the termination [] petition.” Id. at 34; see
also id. at 39 (“[I]t is undisputed that Father obtained adequate and suitable
housing. He completed several services, including domestic violence classes
as well as parenting.”). However, Father also concedes that “the only services
that remained [uncompleted] were mental health services and drug and
alcohol services.” Id. at 37; see also id. at 40 (“Father intermittently
engaged in mental health services dating back to 2019.”); see also id. at 42
(“Father initiated mental health services prior to the [Agency’s termination]
filing [although] he did not complete them.”). Next, Father asserts that
because he completed domestic violence counseling, the trial court erred in
considering domestic violence as a factor in terminating Father’s parental
rights to Child. Id. at 41. Third, Father argues that the trial court erred by
failing to credit his participation in mental health counseling and treatment
before the Agency filed its termination petition. Id. at 42. Father claims that
he initiated mental health services in 2019 but concedes he did not complete
them. Id. Father re-engaged in services in 2022, had scheduling conflicts
which prevented him from completing counseling before the termination
petition was filed, but he ultimately resumed counseling and treatment after
the petition was filed. Id. Finally, Father argues that the trial court engrafted
an impermissible legal burden on him when it stated, “[the c]ourt looked for
any statement of Father that he wished for reunification with his son or wished
to care for his son and found none.” Id. at 43, citing Trial Court Opinion,
1/10/2023, at 29 n.28.
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Here, initially we note that the trial court carefully considered all of the
court-ordered services Father completed prior to the filing of the termination
petition. In fact, in its opinion, the trial court specifically noted that at the
time the Agency filed its termination petition, Father completed some services,
including batterer’s intervention counseling, parenting education, drug and
alcohol treatment, and maintained stable housing. See Trial Court Opinion,
1/10/2023, at 1 n.2, 2 n.3, and 8-9. However, despite completing drug and
alcohol counseling, the trial court noted that Father later tested positive for
marijuana and methadone, and routinely missed scheduled drug tests;
therefore, the Agency could not confirm his sobriety. Id. at 17-19. While
Father eventually completed batterer’s intervention counseling on January 24,
2022, at the December 14, 2021 review hearing, “due to ongoing domestic
violence concerns, which were amplified with Mother and Father seeing or
running into each other before and/or after [supervised] visits [with Child],
the [trial c]ourt directed that neither party could arrive or stay in the vicinity
… for more than ten (10) minutes.” Id. at 8. Thus, while participating in
batterer’s counseling, Father continued to engage in domestic disputes with
Mother and, accordingly, it was proper for the trial court to consider.
Furthermore, it is uncontested that Father was unsuccessfully discharged from
initially implemented mental health services and had not completed
counseling and treatment at the time of the termination hearing. Id. at 18-19.
The trial court ultimately determined that “Father allowed others to provide
for his Child’s basic needs, while he provided excuses for his non-performance,
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and inconsistent and/or absent compliance with services designed to support
his ability to reunify.” Id. at 37; see also id. at 40-41 (“Father’s history
supports periods of compliance, followed by periods of non-compliance and
inconsistency [related] to Father’s mental health, substance use, testing and
treatment, and domestic violence history.”). The trial court opined that Father
“waited until [] Child was over a year old and developing a strong bond with
Maternal Grandparents before addressing the lion’s share of issues bringing
J.D. into [the Agency’s] care.” Id. at 40. The trial court further found that
“[w]hile Father waited to participate in services, succumbed to barriers for
completion and by his own testimony, prioritized his marriage and
employment over his relationship with [C]hild, [] Child was being care for by
others.” Id. Finally, regarding Father’s argument that the trial court imposed
an impermissible legal burden on him, the trial court merely noted that Father,
by his own testimony, seemed more concerned with maintaining visitation,
spending more time with Child, and fostering relationships with Father’s family
than actual reunification. Id. at 28-29. Moreover, the trial court noted that
it looked for affirmation from Father that he wished for reunification, but
clearly stated that “[w]hile not determinative of the outcome, [the trial c]ourt
found the absence of a more direct request for reunification curious.” Id. at
29 n.28. As such, we do not believe the trial court engrafted an impermissible
burden upon Father at the termination hearing.
Based upon a review of the certified record, the parties' appellate briefs,
the trial court's opinion, and applicable law, we find that the trial court
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thoroughly and accurately addressed the merits of Father’s appellate issues in
its opinion. In its 48-page opinion, the trial court thoughtfully summarized
the testimony of the 12 witnesses and the 26 exhibits presented at the
termination hearings and carefully applied the evidence to each alleged
subsection under 23 Pa.C.S.A. §§ 2511(a) and (b). Consequently, we affirm
on the basis of the trial court opinion and adopt it as our own. The parties are
instructed to attach a copy of the trial court's January 10, 2023 opinion to all
future filings regarding this appeal.
Order affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 9/12/2023
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3:40:54 PMCirculated
Received 5/12/2023 3.40.54 Superior
Superior Court Wester
09/05/2023 03:09
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157 WDA 2023
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA
ORPHAN'S COURT
ORPHAN'S COURT DIVISION
DIVISION
IN RE: )
)
)
Adoption of:
Adoption of: )
)
Judah
Judah Jacorey James Dungee
Jacorey Jares Dungee ) No. 63-22-0184
a/k/a
a/k/ha Judah Dungee
Dungee )
)
DOB: 10/21/2020 )
A Minor Child.
A )
AMENDED
AMENDED OPINION and
OPINION ad ORDER OF COURT
ORDER OF COURT
Before the Court is the Petition of the Washington
Washington County
County Children
Children and
and Youth Social
Service
Service Agency
Agency (hereinafter Agency") for the Involuntary Termination of Parental Rights
(hereinafter "the Agency") Rights of
Sean Dungee II
H (hereinafter "Father') to
(hereinafter "Father") minor child,
to minor J.D. (hereinafter
child, J.D. (hereinafter J.D. and/or
and/or "Child" and/or
Child").
"Minor Cil").' I
The Petition
The Petition for Termination of Parental
Termination of Parental Rights
Rights (hereinafter "Petition" and/or
(hereinafter "Petition" and/or "TPR")
"TPR'I
was filed by
was by the
the Agency on February 1,
Agency on I, 2022, alleging multiple
multiple grounds
grounds under
under the Adoption Act
the Adoption Act
of 1980,
of Sections 2511(a)1),
1980, Sections 251 l(a)(1), (a)(2),
(a)X2), (a)(5), (a)(8) and
(a)65), (a)(8) and (b).
(b). In support
support of
of the
the Petition,
Petition, the
Agency alleges that Father has
Agency alleges has not complied with the Dependency
Dependency Court
Court permanency
permanency plan
plan goals
goals
and further
and alleges that
further alleges that he: ((1)
1) was not
not consistent
consistent with
with reoccurring
reoccurring mental health treatment
mental health and
treatment and
was unsuccessfully discharged;
discharged; (2)
(2) has not obtained and maintained safe and stable housing;
housing'; (3)
(3)
Mother, Angela
Mother, Dungee executed
Angela Dungee executed a termination of parental
a voluntary termination rights and
parental nights and consent toto adoption
adoption at the oset
at the outset of
the hearing. Following an
the hearing oral colloquy
an oral colloquy in open courted
court and acceptance
acceptance as
as a
a voluntary, knowing and
voluntary,knowing willful action,
ad willful action,
the
the Court accepted
accepted the request granted aavoluntary termination of parental
request and granted parental rights
rights as
as to
to Mother.
1It is uncontested that as of the hearing
tis bearing date
date on the petition for
for Termination of Parental Rights,
Rights, Father has obtained
safe and stable housing.
housing
A-1
A-L
:4
•
has not completed batterer's intervention;;
intervention; and
and (4)
(4) based on a
a psychological
psychological evaluation,
evaluation, faces
significant challenges with
with parenting
parenting with his current mental health diagnosis.
A
A hearing on
on the Agency's
Agency's petition
petition commenced
commenced on
on September
September 6, 2022, continued on
6, 2022, on
September 19, 2022, and concluded on October 5, 2022. Prior to the hearing
hearing on the TPR Petition,
Mother, Angela
Angela Dungee, requested, and
and the Agency
Agency consented
consented to modify
modify the Petition to
to aa
Voluntary Termination as to
to Mother. This action was completed
completed on September
September 6, 2022.
A
A history of the
history of dependency matter
the dependency matter assists
assists in
in the
the analysis
analysis of
of the Agency's request.
the Agency's request.
Case
Case Factual
Factual and Procedural Historv:
and Procedural History:
Minor Child, J.D. was born on October 21, 2020, to married parents
parents Angela and Sean
Angela and
Dungee, both of whom
whom are listed on the certificate. On January 4, 2021, the Minor Child
the birth certificate.
was taken into care of the Agency through an Emergency Verbal Order granted
granted in response to a
a
report
report of concerns. The report
of safety concems. report set
set forth
forth the
the following
following facts
facts in
in support
support of the need for
for
dependency:
•• The
The child is "without proper
is "without parental care or
proper parental or control, subsistence, education as
as required
required
by law,
law, or other care or control necessary
necx ary for his/her physical, mental or emotional
health, or morals; aadetermination that there
there is aalack of proper
proper parental
parental care or control
may be based upon evidence of conduct by
by the parent,
parent, guardian
guardian or custodian that
that places
places
the health, safety or welfare of the Child at
at risk, including
including evidence of the parent's,
parent's,
guardian or other
other custodian's use of alcohol or aacontrolled substance that places
places the
health, safety or welfare of the
health, safety the Child at risk."
3It
tisis uncontested that
that as of the hearing date
date on the petition for Termination
Termination of Parental Rights, Father
Parental lights, Father has
completedd batterer's intervention counseling.
omplet counseling
Page l2of 48
•
In
In summary, I.D.
J.D. was
was taken
taken into
into custody due to lack of proper
proper parental
parental care or control,
Mother and
supported by concerns with Mother and Father's substance use,
use, ongoing domestic violence
concerns and
and lack of stable housing. The petition contained the following
following allegations:
allegations:
o Mother and Father both have aacriminal history and Father was incarcerated at the
o
time of the dependency
time petition.
dependency petition.
o Minor Child was taken
o taken to the hospital
to the hospital on
on January
January 2, 2021,
2021, for
for respiratory
respiratory
concerns. During the Child's assessment, Mother leftleft the
the Minor Child
Child at the
hospital
hospital with a
a friend.
oo It was reported
ltwas reported that
that there
there was suspected
suspected domestic
domestic violence
violence between Mother and
Father and that
that their
their housing
housing was unstable, which was confirmed
confirmed by
by Mother.
o Mother reported to the Caseworker that there
o Mother there was ongoing
ongoing domestic violence
violence
between herself and
and Father and that there was an incident as recently
recently as six
six (6)
(6)
days before the
the minor child was brought to hospital. When asked, Father
to the hospital.
reported that
reported that Mother's mental health them to
health issues cause them to fight.
fight.
o Mother failed
o to have
filed to have aaplan
plan to keep herself
to keep herself and
and the minor child
child safe refused
safe and refused
to go to
to to aadomestic violence shelter. Mother encouraged
encouraged the
the Caseworker to
to call
for a
for a verbal order
order as at
"at least she would
would then
then know that
that her son was safe."
safe."
oo Mother
Mother tested positive for marijuana, which she reported
reported was prescribed,
prescribed, and
benzodiazepines. She stated that she illegally
illegally purchased
purchased Xanax.
oo Father left the hospital
hospital when asked
asked to
to drug
drug test.
test.
o
o Mother
Mother and Father
Father reported unstable housing.
reported unstable housing.
With
With agreement of both parents,
parents, aaShelter Care petition
petition was
was granted
granted following
following hearing
hearing on
on
January 4, 2021, wherein Minor Child was
was placed
placed with maternal
rateral grandparents
grandparents James and Jamie
Chambers. The Court Order notes "J.D. is diagnosed with
notes that "I.D. laryngomalacia and
with laryngomalacia and
tracheomalacia, having undergone two
tracheomalacia, surgeries since
two surgeries since birth." The
The Order
Order states
states further, "Minor
further, "Minor
Child is
is followed by Children's Hospital
followed by Hospital ENT and Cardiology."
ENT and Cardiology." At the Shelter
Shelter proceeding,
proceeding,
parents were granted
parents were granted supervised
supervised visitation, subject to
visitation, subject to then
then enacted COVID
COVID restrictions.
restrictions.
Page 3
3of 48
48
On January 15,2021,
On January 15, 2021, Minor Child
Child J.D. adjudicated dependent
JD. was adjudicated dependent with placement
with placement
remaining with maternal grandparents.
remaining with grandparents. Through
Through the adjudication
adjudication Order, Father
Father was to:
to:
• Complete drug and
Complete drug and alcohol
alcohol testing
testing twice monthly, upon random selection
monthly, upon selection or
or reasonable
reasonable
suspicion of intoxication or impairment;
impairment;4
• Complete drug && alcohol treatment and
and follow through with all recommendations;
through with
• Complete
Complete mental health treatment
mental health treatment and
and follow
follow through
through with all recommendations;
with all
•• Obtain and maintain
Obtain and maintain safe
safe and
and stable
stable housing;
housing;
•• Complete
Complete batterer's
batterer's intervention
intervention through an appropriate
through an provider and
appropriate provider and follow
follow through with
through with
all
all recommendations;
recommendations;
• Follow the rules and
and regulations
regulations of State
State Parole;
•• Attend Parenting Education;
Attend Parenting Education;
• Sign all
all releases requested by the Agency;
releases requested Agency;
Father
Father was permitted
permitted visitation with
with the minor child
the minor child at the
the Blueprints Visitation House
House or
other Agency
Agency approved location,
location, supervised by James Chambers
Chambers (maternal grandfather), three
(maternal grandfather), three
(3) times aaweek
week for two
two (2)
Q2) hours each visit. No other
other friends
friends or relatives were permitted
permitted to
supervise visitation. Ordered visits
visits contained
contained the express condition that,
that, Mr. Chambers
Chambers may
terminate a
a visit if it appears that Father is under the influence and/or behaves in aadisruptive
manners
manner.°
By
By order
order dated, March
March 24, 2021, an Order
Order for paternity
paternity testing
testing was granted
granted as
as to
to Father
for purposes of confirming paternity
paternity of JD..
J.D..
Noted
4Noted that Father was also testing through services. If he was
through federal pre-trial services. was called to be tested by two (2)
by two (2) or
more agencies
agencies for random testing within a
for random atwenty-four
twenty-four (24)
(24) hour period, Father
Father was permitted to present
permitted to present written
proof
proof of negative results
of negative results to
to the Agency in
the Agency in lieu
lieu of re-testing.
of re-testing.
sAs aresult of acceptance
Asa acceptance of
of Mother's voluntary, this Opinion
Mother's voluntary, Opinion will not
not review Court ordered services for Mother.
Page 4
4 of 48
•
A permanency review
A review hearing
hearing was held via
was held via TEAMS
TEAMS on Tuesday,
Tuesday, May 4, 2021,
May 4, 2021, and both
both
Father and his attorney attended. Father was found to be minimally
attorney attended. minimally compliant with the
permanency plan and to have made minimal progress toward
toward alleviating
alleviating the circumstances which
necessitated the original placement.
placement. Specifically, Father
Father had completed aadrug
drug and alcohol
and no further
evaluation and recommended .6 He was also actively engaged in
further treatment was recommended.
Batterer's Intervention Counseling and Blueprints
Counseling and Blueprints parenting education. It
parenting education. It was reported
reported that
Father had strong
strong initial participation
participation which became spotty
spotty as the review period
period went
went on.
Additionally, Father reported
reported that
that his participation
participation decline was resultant of aacar accident and
and
destruction of his cellphone
ceIlphone used
used for telehealth.
telehealth. Interestingly
Interestingly enough,
enough, Maternal
Matera Grandfather
reported that
that the
the accident occurred when
accident occurred when Father driving without
Father was driving without aalicense.
license. There was also an
was also
incident during this review period where a
this review a potential domestic
domestic incident
incident between Mother and
Father resulted in police being called.
called. The Minor Child was reported
reported to be doing
doing well in the
kinship caregivers' home. Father's court
court ordered services remained the same as the
the initial
permanency order.
On May
On May 11, the Agency
11, 2021, the reported through
Agency reported through filed status report
filed status report that they were notified
that they
that Sean Dungee
that Father, Sean Dungee and Mother, Angela
Angela (Chambers)
(Chambers) Dungee,
Dungee, were involved in a
a physical
physical
domestic incident. The Agency spoke with State Trooper Samuael
Samuael Apke reported to aa
Apke who reported
verbal domestic occurring in aaparking lot down the street
parking lot street from the
the home
home of Father and Mother.
Said status
status report indicated that during the incident Mother, Angela
Angela Chambers Dungee
Dungee punched
punched
Dungee, in the face.
Father, Sean Dungee,
Despite such recommendation,
Despite
6 reco mendation, the Dependency Court continued to order drug treatment.
drug and alcohol treatment
Page 55of 48
Ii-
'
It
On May 12, 2021
On 202l a
a protection from
from abuse temporary order
order was granted
granted on behalf of
Angela Dungee against
Angela Dungee against Sean
Sean Dungee
Dungee.' 7
On July 14, 2021, aamotion to suspend visitation was filed by the Agency and
On and signed
signed by
this Court. The Motion was filed as a
a result of the caregivers and maternal grandparents
grandparents
requesting to no longer supervise visitation between Father and the Minor
requesting to Minor Child
Child due
due to
to
Protection from Abuse Orders
Orders cross-filed by
by Mother and
and Father and
and naming one another as
defendants. Visits were then scheduled between Father and child at a
a visit
visit facility. Father failed
failed
to confirm four
four (4)
(4) visits at the facility. Upon
the visit facility. Upon motion of the
the Agency,
Agency, visits
visits were suspended
pending
pending confirmation of
of paternity.
paternity. By order of July
order of July 22, 2021, this
this request was withdrawn
withdrawn and
and
visitation for
for Father
Father was
was reinstated.
reinstated
On
On July 26, 202I,
2021, the
the Agency filed
filed another Motion to
to decrease Father's visitation based
based
on Father's failure to violence. The Motion
to confirm visits and continued concerns with domestic violence,
of the Agency to
the Agency decrease visitation
to decrease visitation included
included the
the following allegations:
• Mr.
Mr. James and Jaime Chambers do
and Ms. Jaime do not feel
feel comfortable supervising
supervising
visits,
visits, as there are current Protection from Abuse Orders between Mr. and
Mrs. Dungee
Mrs. that have
Dungee that granted until September, 2022. A
have been granted A visitation
visitation
referral was completed
completed and and Agency
Agency caseworkers were supervising visits visits
until Blueprints had staff available to to accommodate Mr. Dungee's
schedule.
schedule.
•• On July 7, 2021,
2021, Mr.
Mr. Dungee did did not
not confirm his fourth consecutive
scheduled visit. The
scheduled The Agency
Agency caseworker,
caseworker, Ms. Eisengart,
Eisengart, was unable
unable to
contact W.
contact Mr. Dungee.
• In addition, there
there continues
continues to be domestic violence concerns. The The most
recent
recent allegation arises at MJ-27201-CR
arises at 0000185-2021 Commonwealth
M-27201-CR-0000185-2021 Commonwealth
of Pennsylvania
of Pennsylvania vs. vs. Sean
Sean L.L. Dungee IIH (Filed 7/15/2021). The
(Filed 7/15/2021). The Affidavit of of
Probable
Probable Cause states, inter. AHa.
Cause states, Alia. "Angela
"Angela Dungee stated that she was in
stated that in
the
the passenger seat
seat of
of Toi Burgess's
Burgess's vehicle
vehicle when
when Sean
Sean L. Dungee
Dungee
approached
approached her on foot and struck her in the face with a
with a closed fist, spit
upon
upon her person, and and sprayed her with pepper spray." The The Affidavit goes
Order was later modified to
order
7 to include Minor Child but record is absent
absent reference to
to when such modification was
completed. Later orders also indicate that protection
protection from abuse orders were fled
filed on Father, Sean
Sen Dungee's behalf
and against Mother, Angela
Angela Dungee. In other words, both parties were granted protection orders against the other.
Page 6 49
6 of 48
•
on to allege
on to "Angela Dungee
allege "Angela was being treated
Dungee was treated for
for the
the effects of the
effects of
pepper spray
spray and
and Officer O'Rourke and
Officer O'Rourke and IIdid
did observe
observe Angela
Angela Dungee's
Dungee's
face and hands
face and hands to
to be
be red and
and irritated
irritated. Two witnesses did
Two witnesses did observe this
observe this
incident and corroborated Angela
Angela Dungee's recollection of the events."
The
The docket indicates that Sean L. Dungee
Dungee II was charged with simple
assault and harassment.
See status report with attachedpolice criminal complaint accepted
accepted with dependency
dependency record at
CYS Exhibit 5.
S.
order dated
By order dated July 30, 2021, Father's visitation was modified to
to supervised visitation
at the Blueprints Visitation House, or other Agency
at Agency approved location,
location, supervised
supervised by
by an Agency
Agency
approved person, one time a
a week for two hours in
in duration, with permission to expand
expand after
Father participated in three consecutive visits.
The next
The next permanency review
review hearing held before
hearing was held before this Court on
this Court on August
August 17,
I7, 2021.
2021.
Father was determined
determined to
to have
have minimal compliance and
and to
to have made no
no progress
progress toward
toward
alleviating the circumstances
alleviating the circumstances which necessitated
necessitated the initial placement. Father
Father was granted
was granted
visitation at an Agency-approved
Agency-approved location, supervised
supervised by an Agency
Agency approved person, one
one (1)
(1)
time
time per week
week for two (2)
for two (2) hours with
with permission
permission to expand if Father participated
to expand in three
participated in three (3)
(3)
consecutive
consecutive visits. Father's Court Ordered services remained
Father's Court remained the
the same except for the additional
same except additional
requirement driecting
directing Father
Father to follow
follow the recommendation of Dr. Crabtree's
recommendation of Crabtree's evaluation.
evaluation. At
At the
the
time of the
time of the August
August 2021
202I hearing,
hearing, the
the Minor Child was in placement
Minor Child for seven
placement for seven (7) months and
(7) months and
continued to be
continued be placed
placed with Maternal Grandparents.
with Maternal Grandparents.
The Minor Child was in placement for eleven 11) months at the time of the next permanency
eleven ((II)
review hearing, on December
December 14, 2021. Father was found
found to have minimal compliance with the
permanency plan,
plan, as aaresult of attending visitation and
and obtaining housing. However, it
obtaining housing. it was
was
Page 7
Page of 48
7of 48
'
specifically noted that Father had
that Father had not for drug
not appeared for drug and
and alcohol screenings or mental health
alcohol screenings
treatment. Father was found to
treatment. to have no progress. Father's
have no Father's visitation
visitation remained the same,
remained the
however, due to ongoing
ongoing domestic violence concerns, which were amplified with Mother and
Father seeing or running into one another before and/or after visits, the Court directed that
neither party
party could
could arrive or stay in the
the vicinity
vicinity of the building,
building, including
including the
the building itself,
itself,
outside
outside perimeter and parking
perimeter and lot, for
parking lot, for more
more than
than ten
ten ((10)
10) minutes. Father's
Father's ordered
ordered services
services
stayed the
the same, but
but he was also
also ordered to participate
ordered to participate in a
a Bonding Assessment, as arranged
arranged by
by
the Agency,
the Agency. CYS was ordered
ordered to assist
assist both parents
parents with transportation, upon request and
request and
advance notice from parents. Both parents also ordered
parents were also ordered to
to engage in TPR and
And PACA
Counseling."
Counseling!
On the 12
12 1'
of April
April 2022, the final permanency
the final permanency review hearing
hearing before the TPR
TPR hearing
hearing was
held.
held. Father was to be
was found to be in
in moderate compliance with
moderate compliance the permanency
with the permanency plan
plan and
and to
to have
have
made minimal progress toward alleviating the circumstances which necessitated the initial
placement. At the
the time of the hearing,
time of hearing, the
the Agency
Agency had
had filed petition to
filed the petition to terminate parental
parental
rights with an original hearing
bearing date
date of June 2, 2022.
at the
Testimony at the hearing
hearing included information that
that Father completed batterer's intervention
counseling on January 24, 2022,
2022,"9had earlier completed parenting
parenting education on June 22, 2021,
Te
8 The specific
specific order
order for Termination
Termination of Parental Rights
of Parental and Post Adoption
Rights and Adoption Contact counseling is insightful
Contact counseling because it
insightful because it
appears in the
the record,
record, parents
parents were
were on notice that the Agency
notice that Agency and Court had begun
begun focus on the concurrent
concurrent
=
permanencyplof
As admitted
9 As
goal of�
admitted as
A CYS
adoption.
Please
He has
L
11, Ms. Vozar
CY'S Exhibit 11,Ms.
Please be advised
advised that
writes:
Voar writes
that Mr. Dungee
Dungee completed
completed the PA
ha positive attendance and participation and derorstred
recommended
recommended Mr. Dungee continue follow up with CYSas
Health Services
PA Professional Heath Services BIP
CYS as well as refer to a
substance abuse counselor should it become necessary. Letter of ofJanuary
program.
BIP program.
demonstrated no issues or concerns. It is
amental heath
Janumy 24, 2022
2022.
health or
Page 8
Page 8of
of 48
48
•
It
and completed
and completed drug and alcohol
drug and alcohol treatment."
treatment. °Father was compliant
Father was compliant with
t with parole
parole and
and maintained
maintained
safe and
safe and stable housing.
housing. No information was presented
presented regarding Father's mental health
health
treatment.
treatment. The Court
Court Order from the April 12
121'hearing kept
kept Father's court ordered services the
same and
and requested updated evaluations and TPR and Post Adoption Counseling
Counseling for
for Father.
Dr. Michael Crabtree
Crabtree testified at
at the hearing regarding
regarding interactions he
be witnessed between
Father and
and the Minor
Minor Child and
and stated
stated that while
while the Minor
Minor Child seems bonded to Father, his
bonded to his
primary
primary attachment
attachment is
is with
with maternal grandparents. Dr.
maternal grandparents. Dr. Crabtree
Crabtree stated
stated that increased visitation
that increased visitation
with Father would
with would not negatively impact
impact the child, so long
long as this visitation did not impact
impaet
his bond
his bond with maternal
maternal grandparents. permitted visitation with the Minor Child
grandparents. Father was permitted Child
one ((I)
one 1) time
time per week
week for
for two
two (2) at an Agency approved
(2) hours at approved location supervised by
location supervised by an
an
Agency approved person.
Agency approved person. He was
was also
also permitted
permitted to
to have
have three
three (3)
(3) additional
additional visits
visits per
per month for
for
three (3) hours each, as could
three could be arranged and supervised
supervised by
by the
the Agency.
Agency.
Testimony
provided
Testimoay provided at at
TerMination of
Termination ofParental
Parental Rights
Rights hearings:
hearings:
This Court
This Court conducted
conducted aahearing on
on the
the TPR Petition that involved
involved three
three (3)
(3) full
full
days of testimony from
from eleven
eleven (11)
(1l) witnesses as summarized herein. Additionally,
Additionally, at
at the
see
1° See letter of March 23, 2022 from Allied Addiction Recovery
Recovery (AAR)
(AA.R) indicating that Sean Dungee
Dungee is currently
currently
enrolled in treatment with an intake appointment on February 3,2022 3, 2022 with
with arecommendation
recom dation of weekly
weekly outpatient
outpatient
group therapy. The letter continues:
group therapy,
He attends
attends weekly evening
evening appointments without atte attendance
dance issues. Sean attended group group therapy
therapy
of 219,2/16,2t23,3/2,3/9,
29,2/16, 2/23,302, 39,and and 3/16022.
3/1682. He He bas
has remained
rerained engaged
engaged with
with treatment
treatment and in
and in
appropriate urinalysis
compliance with the program. Sean provided appropriate urinalysis profiles
profiles weekly,
weekly, with no
evidence of relapse or illicit substance use. He expresses understanding of the harmful effects of
substance use
substance use for
for families and communities. At
families and At this time, Sean
this time, has made
Sean has positive progress
made positive progress inin
treatment. Letter of
treatment. ofMarch 3,3. 2022
2022.
A second AAR letter was also submitted dated June
A Jure 22, 2022, indicating:
indicating
This letter is being
being written to verify hat
that Sean Dungee
Dungee is currently
currently enrolled in treatment
treatment atat Allied
Addiction
Addiction Recovery,
Recovery, LLC. He He attended
attended an
an intake
intake appointment
ppoi t on
on 2/782
27/22 andand was recommended
recorr vended
to participate in outpatient group
in weekly owtpatient group therapy sessions.
. Sean has attended a a total of 13 grop
group
tree individual therapy sessions and his intake assessment. His
therapy sessions in addition to three t.
attendance adand participation in treatment have been good good. Sean
Sen bashas made positive
positive progress
progress in
treatment.
treatment. HeHe provided
provided weekly
weekly urine
urine samples,
samples, and allell results of his urinalysis
of bis urinalysis testing
testing were
appropriate. Sea
Sean is scheduled to to successfully treatment on 6/27/22 following
successfully complete treatment following his final
final
individual therapy appointment as long
individual long as he maintains his current
current status and compliance with
treatment. Letter of ofJrme 2022.
hue 22, 2022
Page 99of 48
•
conclusion of the hearing,
bearing, counsel for Father, the Agency
Agency Solicitor, and child counsel provided
provided
findings of fact
fact and conclusions of law.
The first
first hearing date
date was August 31, 2022. At the commencement of the hearing, Mother,
Angela Dungee, requested with consent of all parties, to amend the
Angela the termination petition filed
against
against her to aavoluntary agreement. Following oral colloquy and submission of an Agreement
to
to Terminate and Submission of
Terminate and Colloquy, Mother's
of an Oral Colloquy, request was granted.
Mother's request granted.
1)
D Kathryn
Davis,
KathrynDavis, Pre-licensed Marriage &.
Rre-licensed Marriage & Family therapist:
Family therapist:
Testimony was received vis
via telephone
telephone from Kathryn
Kathryn Davis of Christian Counseling
Counseling
family therapist
Associates. Davis testified that she is a "Pre-licensed" marriage and family therapist who is
currently under the
currently the supervision of another person. Davis testified that Father, Sean
Sean Dungee, has
Dungee, has
been
been her client as of January 31, 2022. Notably, this is over one
one ((D)
1) year after Dungee
Dungee was
originally ordered to complete such service.''
service." This statement
statement is also
also inconsistent
inconsistent with Davis's
later testimony that her
later testimony "initial assessment"
her initial assessment" of
of Dungee
Dungee was on
on February
February 7,2022.
7,2022.12 According
According
to
to Davis, she engaged
engaged in
in weekly on-line therapy sessions
weekly on-line sessions with Father
Father for, "adjustment
"adjustment disorder,
disorder,
anxiety and depression." Ms. Davis
Davis indicated her treatment plan was based on information self-
self-
reported by Father and further indicated that she was unaware of the evaluation conducted with
Dr. Crabtree and
Dr. Crabtree and his
his and/or
and/or specific court recommendations
specific court recommendations for
for Father.
Davis indicated that her
her initial assessment with Father was on February 7, 2022 with the
initial assessment
presenting problem
presenting problem provided
provided by Father as Anxiety,
by Father Anxiety, PTSD, and Bi-Polar disorder.
disorder. Father
""pavis
11 Davis indicated that
that she graduated with a
she graduated a master's degree
degree and under supervision
and is under supervision of a licensed therapist,
a licensed therapist, which
for aspecific umber
is required for number of hours prior to being licensed
licensed.
12 The dates provided by Davis are important in this
"The this Court's consideration of whether Dungee's initial participation
occurred pre and/or post
occurred poet TPR petition filing. It
l appears that Davis carefully utilized the date of January 31, 2022 in
stating
stating that is when Dungee became her client,
is when client, however, by her own testimony,
however, by testimony, her initial assessment was not until
two
two (2) weeks later and following the filing of the TPR petition.
( weels petition. .,
Page 10 of 48
•
indicated to
indicated to Davis
Davis that
that his anxiety and
his anxiety and depression
depression were
were related
related to legal and
to legal and parenting
parenting issues.
issues.
Father's last
last session with Davis occurred on May 18, 2022. When asked why
with Davis why Father was no
longer aaclient, Davis indicated that continuing therapy is her
her "client's prerogative" and Father
chose to
to be discharged. Davis continued that
be discharged. that when
when Father with her,
Father attended therapy with her, he did
did so
regularly and consistently.
Davis provided additional details
Davis provided details when
when questioned by
by Father's counsel.
counsel. Davis
Davis continued
continued
that Father
that Father was cooperative in
in sessions and
and noted that
that she
she found him "open
found him and honest."
"open and Davis
honest," Davis
said that Father
said made progress in
Father made in increasing his "self
"self worth and managing anxiety."
and with managing She
anxiety." She
testified hrther
further that Father
Father "progressed in aapositive way and was receptive to the on-line
therapy,"
therapy," successfully moving
moving through
through long and
and short term goals.
short term goals. When asked further detail,
asked for further detail,
Davis testified
testified that
that Father progressed with her assessment tool in his anxiety, starting at
at an 1
lHI
and ending with aa1.
and A similar tool used by
I. A by Davis regarding Father's depression showed an
improvement from a
improvement from a10
I0 at the
the beginning
beginning to a
a 1.1.''
13 discharged as aaresult of his
Father was discharged
completion of
completion of long and
and short
short term
term goals, however,
however, Davis indicated that
Davis indicated his goals
that his goals and
and her
her
conclusions were based
based entirely on the information that
that Father provided. Davis acknowledged
that her
that her treatment plan would
treatment plan be different
would be different if
if she had been provided
had been provided the report of
the report of Dr. Crabtree
Crabtree or
or
was presented at
at the
the assessment with
with concerns of agoraphobia
agoraphobia and/or cannabis
cannabis disorder. Davis
acknowledged she
she does
does not treat P'TSD,
not treat PTSD, cannabis
cannabis use
use disorder,
disorder, alcohol
alcohol problems, bi-polar and/or
problems, bi-polar and/or
agoraphobia. 14 Additionally,
agoraphobia." Additionally, Davis acknowledged awareness of Father's
Father's treatment
treatment with
Southwestern Pennsylvania
Pennsylvania Human Services
Services (SPHS), request, receive,
(SPHS), but did not request, receive, and/or review
review
information and/or records from the provider.
Davis referred
pavis
13 referred to
toaareport,
report, however
however a report was
a report was not introduced
introduced at the bearing
at the hearing and not of
and is not record.
of record
AAll of which are included in
14 in Father's mental health history as discussed herein,
bealth bistory herein.
Page 11 of
of 48
Davis had no contact with the
the Agency
Agency during
during her
her treatment of
of Father.
Father. She
She testified
testified that
that
in July of this year, after her closure of Dungee's case, she had contact with Caseworker Paige
Eisengart one ((I)
Eisengart approximately one 1) or two
two (2)
(2) times. Davis also
also indicated
indicated that
that she received a
a signed
signed
release of
release information in June
of information of 2022
June of 2022 and
and aareport
report was sent to
to the
the Agency at
at the
the beginning
beginning of
August.
August.
2) Pr.
2) Dr. Michael Crabtree- Expert
Michael Crabtree- in
Expert in Forensic Psychology
Psychology
After being qualified by consent as an expert
expert in forensic psychology,
psychology, Dr. Crabtree
Crabtree
provided testimony regarding
provided regarding his various evaluations
his various evaluations with Dungee.
Dungee. Dr. Crabtree's
Crabtree's initial
initial
evaluation and
evaluation and assessment
assessment of
of Dungee occurred on
Dungee occurred May 18,
on May 2021. Following
18,2021. Following aabattery of tests
battery of tests
and
and assessments, Crabtree identified
assessments, Crabtree identified anxiety,
anxiety, paranoia, panic, cannabis
paranoias, panic, cannabis and alcohol disorder
and alcohol disorder with
with
Dungee. His report
Dungee. of May 18, 2021 entered as Exhibit 6
report of 6 collective, notes aadiagnosis
diagnosis of
of
Cannabis Use Disorder Mild,
Mild, Alcohol Use Disorder Moderate, Generalized Anxiety Disorder
Anxiety Disorder
and Agoraphobia with Panic Disorder. See
with Panic See Report Pg. 9.
Report at Pg. Crabtree indicated
9. Crabtree indicated that the anxiety
that the anxiety
and panic
and panic would be responsive
would be responsive to
to treatment,
treatment, but
but thought
thought the cannabis and
the cannabis alcohol findings
and alcohol findings would
would
have
have a
a significant
significant impact
impact on
on Father's ability to
Father's ability to parent. Crabtree
Crabtree recommended that Father
recommended that
continue ongoing
ongoing therapy and treatment through SPHS with
with mental health and
and drug
drag and
alcohol services. s t
1s Crabtree noted frustration
Cmbtree access to
frustration in not having aooess to the
the records of Christian Counseling.
Counseling. Crabtree
Crabtree was present
present for
for
the testimony of pre-
the licensed therapist Davis.
pre-licensed Davis.
Crabtree's report
report indicates the following:
following
... of great
.of great interest regarding
regarding the
the test results
results is the
the fact
fet that
that Mr. Dungee
Dungee has some difficulty thinking
sotne difficulty thinking through
through
situations arriving at
situations and arriving at rational conclusions (a
ratiooal conclusions (a so-called Thought Disorder).
Disorder). He
He also experiences
experiences significant
significant social
detachment
detac hment from others and has has sahigh level of paranoia
paranoia being
being hypervigilant
hypervigilant and feeling
feeling he is always being
ahways being
Page 12 of 48
'
Crabtree testified that he made multiple attempts
attempts to
to obtain the records of Christian
Counseling Services and failed. Crabtree opined that the therapy that Father received from
Christian Counseling was insufficient and failed to comply with his recommendations. Crabtree
noted fiuther
further concerns that the counseling did not
not address the areas of concern that his
assessment most significant.
assessment found most
Dr. Crabtree next completed an interactional evaluation between the Minor Child and
Father on January 21, 2022, this evaluation was provided by
by report dated February
report dated February 23, 2022.
This report, also part of collective Exhibit 6
6 indicates in conclusion, "Father showed good
good
parenting skills as he worked with his son. The conclusion is that there is a
a bonded relationship
between the father and son." Page S
Sofreport. No testimony
testimony was
was presented regarding
regarding the
January evaluation.
Dr. Crabtree completed an updated
updated evaluation with Father on June 14, 2022. Through
Through
the report
report dated June 23, 2022, Dr. Crabtree states the following
following in conclusions and
recommendations:
recommendations:
Since the evaluator last met with Mr. Dungee, he has continued to lead aa
responsible life. He has changed employers,
employers, and he
he reports
reports himself to
to be
be getting
getting
persecuted and
persecuted having asahigh
and having high degree of resentment.
degree of n The test
oment. The results combined
test results. with his
bled w.lth his. existing
stbg mental
metal health
hea.ht
diagnosis
dlagosl atat SPHS, The Care
SPAS, fie Care Center
Center suggest
suggest aslgfloat
signleant challenge
a challengefor his ability io
his ablllry to effectively
effectively parent.
parent.
It is recommended
re oimmended that he be required to attend at the rate
rate suggested by SPHS, The Care Center for mental health
suggested by
services
ervices and that he have substance abuse
abuse treatment
treatment services in addition.
W.
Mr. Dungee
Dungee does not appear
does not appear to have been
to have actively involved
been actively the parenting
involved in the parenting of his older
of bis older children. The three
children. The mothers
three mother
of these four
of these four children have taken primary responsibility
responsibility for raising
raising the Therefore, he may
the children. Therefore, need instruction
may need instn ztion
in
in parenting to provide
parenting skills to effective care
provide effective care for
for his son.
Of great
great concern
concern for thethe Agency
Agency in putting together
in putting together a long-term plan
a long-ten plan for Mr.
Mr. Dungee's involvement with
Dungee's involvement with his son is
his son is
not only his
not bis criminal history
history but
but also
also potential
potential future
fare incarceration. His criminal history
history is listed above on
listed above on page
page 9 9of
of
this report.
this report It is the
'tie the evaluator's
evaluator's understanding
understanding thatthat when the most
when the most recent charges are
recent charges adjudicated, he
are adjudicated he may
nay be serving
beservj
a very long
a long sentence in insastate
state or federal prison
prison (Note
(Note of Opinion-It is noted that Mr. Dungee
Opinion-It is Dungee was sentenced
sett d to time
to tine
served with probation) It would be important for the the needs of the child that there be some understanding
understanding of whether
whether
Mr.
Mr. Dungee
Dungee would
would bebe physically
physically present
present over the
the next
next few
few years of the
years of' the child's
child's life
life before
beforeagreat
great deal of effort
deal of is
effort is
extended toto be certain that the bond between
berween himself and the child is is established or maintained
maintained
Page 13 of 48
'
along well
well with fellow
fellow workers and
and supervisors.
supervisors. He
He has not gotten into
not gotten any legal
into any legal
trouble. He reports he has followed through with the counseling
recommendations made
made by CYS.
by CYS.
Mr. Dungee presented as
Mr. Dungee as very
very pleasant,
pleasant, engaged
engaged and
and sincere.
sincere.
He
He has
has a
a desire to be involved in
be involved in his son's life.
his son's life. It
It should be noted Mr. Dungee
be noted Dungee
has four other
other children,
children, all
all of whom
whom are in
in custody with their
custody with their mothers, and
and of
whom Mr. Dungee
whom custody.
Dungee does not have custody.
Mr. Dungee has a a strong
strong desire
desire to
to see his son involved in
in his
his own extended
family.
family. It was implied during conversation
was irplied with Mr. Dungee
conversation with Dungee that
that even if he
even if is
be ls
not
not the
the primary physical custodian,
primary physical custodian, hehe would
would like
like to have
have some
some time with his
time with
son so that his
his son could
cold continue to develop a
to develop a relationship with him,
relationship with him, and get
and get
to
to know his extended
know bis extended family.
family.
There are no mental health, drug
There drug and
and alcohol,
alcohol, or lifestyle
lifestyle issues
issues that were
discovered by
discovered by this re-evaluation.
re-evaluation. An area for which there
An area there was
was not good
not good
confirming
confirming information is
is the
the legal
legal issues
issues still
still facing
facing Mr.
Mr. Dungee.
Dungee. He reports he
He reports he
has
bas not
not had clear
clear information
information on
on whether
whether hehe will
will have
have toto spend
spend time
time in
in a
a state
state
prison because
prison of pending legal
because of issues; he
legal issues; reports it
he reports it is possible he might
possible he might get
get
probation
probation instead.
Mr.
Mr. Dungee's parenting test
Dungee's parenting test scores support the
scores support the fact
fact he
he has
has values
values and
and attitudes
attitudes
consistent with agood
with a good parent.
parent.
See Report dated June 28, pgs. 7.8
28, 2022, pgs. 7-8.
Through aareport
Through report dated
dated on same date,
date, Dr.
Dr. Crabtree did
did aabonding
bonding assessment with
with his
Maternal Grandparents and
Maternal and placement
placement providers wherein he found
providers wherein found that
that the Child had a
the Minor Child a
bonded
bonded relationship with grandfather
grandfather and
and grandfather's wife.
wife. A
A bonding
bonding assessment was also
also
done with
done Father, to
with Father, to which testimony was received and
and a report was provided,
a report provided, dated
dated June 23,
23,
The conclusions and recommendations of the written report
2022. The report indicate the following:
This is the
the second
second opportunity the evaluator has to to observe Sean L. Dungee II Il
along with his son, J.D.. most recent observation indicates aamore natural
I.D.. This most
quality as the
quality the father and child interacted with
with one another.
another. There is aa bond
between them.
between the. The father was able to demonstrate anumber of strong
was able to demonstrate a number of strong
parenting skulls, at
parenting skills, at least
least as
as they relate to emotional
they relate emotional bonding with his
bonding with bis child
child (it
(it
is difficult
difficult to determine if
to determine if he
he has aagood
good foundation in understanding
foundation in understanding the needs thethe
child
child might have for meeting
meeting developmental
developmental milestones). The child was very
natural
natural and comfortable with the father. The child child never showed
showed any anxiety
anxiety inin
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Page 14 of 48
f,
'
the
the presence
presence of
of his
his father. The father
father. The father could
could initiate emotional connection
initiate emotional connection with
with the
the
child,
child, and
and reciprocate
reciprocate when
when it appeared
appeared as though the
as though the child was in need of some
emotional reassurance. The father was ableable to
to interact appropriately and
comfortably with grandfather of the child, who presently bas has custody.
Therefore,
Therefore, to answer the referral questions from the
the agency, there is a
abond
J.D.
between JD. and his maternal grandparents,
grandparents, and there is a
ls a bond between
J.D. and
JD. and his father. That being said, this
being said, this evaluator concludes that the
the child
child
would not suffer if the bond between the child and the
the cbild the father
father were to be
be
severed and the child continued to live withwith his maternal grandparents.
maternal grandparents.
This conclusion is based on the fact
fact that the bond that exists between the child
and the grandparents is strong
strong and would, from all indications, continue to be
strong.
strong.
Father presents with
with a sincere interest
a sincere in maintaining
interest in maintaining a arelationship with his
relationship with his
enough knowledge
son. On the other hand, it is not clear that he has enough knowledge about
issues related
lssues related to child development,
to child development, andand to
to specific his child
specific needs his child has,
has, to be
to be
the primary
the caregiver for
primary caregiver the child.
for the child, Mr. Dungee has had
Mr. Dungee had five
five children and
and he
he
not been involved in
has not in raising the
the older children.
children.
All the above is given with
with aareasonable degree of psychological
psychological certainty.
certainty.
Report dated June 23, 2022, pg. S.
See Report S.
In support of his opinions, Dr. Crabtree testified that Father had an identifiable
had an "identifiable
bond"
bond" with the Minor Child and
and was
was appropriate
appropriate in
in approaching
approaching bis
his son,
son, who
who was
"comfortable
comfortable with
with Father."
Father." Crabtree felt that
Crabtree felt was aa "good
that there was "good degree
degree of
of cooperation"
cooperation"
between Maternal Grandfather and Father. Crabtree continued to opine that the bonded
opine that bonded
relationship between Father
relationship between Father and
and the
the Minor Child was
Minor Child was largely
largely attributable to the
attributable to the action
action of
of
Maternal Grandfather. He testified that during his first meeting with Father, he observed no
bond between the Father and Minor child. Nevertheless, a
ayear later, the Grandfather
Grandfather "allowed
for
for aarelationship"
relationship" which supported
supported aadevelopment of a
development of a bond
bond between
between the Child and Father.
the Child Father.
Crabtree testified that the Minor Childs primary caregivers are his Grandparents who
have
have served in
in that capacity for
that capacity approximately eighteen
for approximately eighteen ((18)
18) months. Crabtree testified that he
testified that
"no concerns
has "no with Grandparent's parenting
concerns with parenting of J.D. and testified
of I.D. further that,
testified further that, "Thanks to the
the
Page 49
Page 15 of 48
Grandparents, the
Grandparents, the Minor Child has
Minor Child has a
a secure bond that should not be
that should be disturbed. Crabtree
testified that the Minor Child's best interests are best served if he is in the continuous care
of the
the Grandparents.
Grandparents. Stating Anther, Father as
Stating further, as the
the primary
primary caregiver
caregiver is not in the
the best
interest of the child.
interest of Crabtree noted his forefront
child. Next, Crabtree forefront considerations in developing his
opinion, including: l)
1) asking whether Father still suffers from substance abuse issues; 2)
the fact that Father bas
questioning the has four
four (4) other children for which he hasn't been an active
parent; 3) noting the
the Minor Child's relationship with Father was tenuous
tenuous prior to
to Maternal
Matera
Grandfather being
Grandfather being involved; and
and 4) questioning the impact
impact of Father's pending criminal
pending federal criminal
sentencing. conclusion on
sentencing. In conclusion direct, Dr. Crabtree testified that
on direct, that it could be "deleterious to the
be deleterious the
Child" to separate him from Grandparents, whereas he "does not believe the Child would
he does
suffer
suffer psychological harm if aatermination
termination of parental rights was
parental rights was granted
granted as to Father
because the Child's primary
"primary bond is with Grandparents.
Grandparents.
On cross examination, Dr. Crabtree was presented with reports recent drug
reports of Father's recent
testing
testing and
and treatment. Crabtree responded
treatment. Crabtree responded that
that he saw the reports as showing that
the reports that Father, "is
addressing his abuse
abuse with fewer
fewer failed
failed tests which shows
shows an upward
upward trajectory,
trajectory, however the
results do not establish that
that Father is ready to live clean and sober. In addition,
addition, Crabtree noted
concern with having no results
results for Father's alcohol testing.
testing.
Crabtree reported
Crabtree that his conclusions
reported that conclusions regarding Father's interaction
regarding Father's interaction with
with his other
other
children (Father
children not primary
(Father not primary custodian and not involved in the
the rearing
rearing of) were based on
information provided by
by Father. He also declined to agree that a parental bond
a parental bond is aa "preferred
Mond"
bond" when
when questioned. Crabtree testified that
Crabtree testified achild
that a and does
child can and does develop
develop a
abond with a
bond with a
and restated that
consistent caregiver and that Minor Child has aaprimary
primary bond
bond that is consistent and
consistent and
predictable with Grandparents. In response to additional questions regarding the issues leading
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