# Adoption of: J.D., Appeal of: S.D. > Superior Court of Pennsylvania · September 12, 2023 URL: https://www.frixlaw.com/law-library/cases/9839272 ## Case - **Court:** Superior Court of Pennsylvania - **Decided:** September 12, 2023 - **Precedential status:** Unpublished - **Opinion:** Opinion - **Judges:** Olson, J. - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9839272 ## Opinion text J-S22002-23 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT OP 65.37 IN RE: ADOPTION OF: J.J.J.D., A : IN THE SUPERIOR COURT OF MINOR : PENNSYLVANIA : : APPEAL OF: S.D., FATHER : : : : :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. -2- J-S22002-23 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. -3- J-S22002-23 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. -4- J-S22002-23 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 -5- J-S22002-23 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. -6- J-S22002-23 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, -7- J-S22002-23 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 -8- J-S22002-23 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 -9- 3:40:54 PMCirculated Received 5/12/2023 3.40.54 Superior Superior Court Wester 09/05/2023 03:09 Westerp West@rp PM District District flu~no d-but+cu Filed s1an2ozs read 3:40:00 Pwsooenor 5/12/2023 s40.co PM Superior coot ygyegg,pi.ft'° Court Western Distr 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 Page 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 Page Page 16 16 of 48 48 } ' to dependency to dependency adjudication, adjudication, Crabtree noted noted that, that, Father's substance abuse issues Father's substance issues were not not resolved despite adequate adequate time time to address the the issues. issues. Crabtree Crabtree testified that with "aparent with "a facing the loss of a loss of aChild the the concerns of of the Agency should be be paramount." Based on his diagnosis at diagnosis at the the first assessment, assessment, wherein wherein two two (2) (2) concerns concerns were substance abuse were substance related, abuse related, opined that Crabtree opined that based on information from Father's service service providers, providers, Father is inconsistent these concems. with addressing these concerns. Upon further examination from the GAL, Crabtree testified testified to concerns with anxiety with anxiety being the focus of treatment sought by Father. Crabtree noted that there was no treatment treatment for PTSD PTsp and and no treatment treatment reports specific to reports specific to Father. Father. Crabtree further pointed Crabtree further to Father's missed pointed to testing in both 2021 and testing and 2022. 3) 3) Paige Eisengart- Washington Paige Eiscagart- County Washington County Children and and Youth Caseworker Caseworker Paige Eisengart, ongoing Caseworker for J.D. next provided provided testimony. Eisengart gave gave an overview of the the Agency involvement with J.D.'s family and the concerns resulting resulting in Child's adjudication adjudication of dependency. dependency. Per Ms. Eisengart, the Minor Child was adjudicated the Minor dependent on adjudicated dependent January 15, January 15, 2021. Accordingly, at 2021. Accordingly, the time of Ms. at the Ms. Eisengart's Eisengart's testimony, testimony, the Minor Child the Minor Child was and out adjudicated and out of care of Father for for over nineteen nineteen ((I9) 19) months. months. The The Agency filed the Petition for for Termination of Parental Rights Rights in February February of 2022, thirteen ((13) 2022, thirteen 13) months months following following initial adjudication. the initial adjudication. Eisengart testified that Father participated Ms. Eiseogart participated with court ordered drug drug testing testing sporadically throughout the sporadically the dependency matter. Father completed forty-one Father completed forty-one (41) of seventy-nine (41) seventy-nine (79) random (79) random tests. tests. In six six (6) tests, he (6) tests, he was positive for cannabinoids and positive for and two two (2), (2), testing positive testing positive methadone. t6 Father for methadone." Father was aano-show for thirty-eight thirty-eight (38) seventy-nine (79) (38) of the seventy-nine (79) tests tests and and 1°One such Ore such test positive screening for test with aapositive for methadone was challenged by by Father and later determined determined to be be aafalse positive. Father only challenged the methadone finding and not the companion companion positive positive screen for cannabinoide. cannabinoids. Page 17 of 48 • twenty-seven twenty-seven (2'n of the tests (27) of tests occurred after the TPR TPR Petition Petition was filed. 11 According was filed." According to the to the testimony of Ms. Eisengart, Eisengar4 Father was compliant with drug and alcohol treatment, treatment, successfully completing AAR treatment. treatment."tsFather was unsuccessfully discharged discharged from mental health counseling with with provider SPHS, but later later completed treatment with Christian Counseling Counseling Services. Father completed Batterer's Counseling Counseling in January of 2022 and parenting parenting education in June of 2021. Eisengart of 202L. Eisengart testified that Father was compliant with providing the Agency Agency releases "Father "fuer has tested positive for cannabinoids after the completion of the drug drug && alcohol treatment ad alcohol treatment and the Agency Agency cannot confirm his sobriety due cannot confirm due to the positive to the drug screens and those tests positive drug tests missed missed by by Father. 18 Treatment completed Jure 'fetrent June 27, 2022. Letters submitted as evidence of of Father's completion completion of treatment treatment atat Allied Allied Addiction Recovery, AAR, AAR, read as follows: This letter is being written to verify that Sean Dungee is currently currently enrolled in treatment treatment at Allied Addiction Recovery, LLC. He attended a an intake appointment appointment on 2722 2/7/22 nd and ws was recommended recommended to participate in weekly weekly outpatient group group therapy sessions from 67.30 sessions fror 6-7:30 pm. weekly pin. He attends weekly evening appointments without attendance after dance issues. Sean attended group group therapy therapy on 2/16, 2/23, a 2/9,2/16,2/23, 3/2, 39,and 32, 3/9, and 3/1622. 3/16/22. He has bas remained engaged engaged with treatment and in compliance with the program. program. Sean provided appropriate urinalysis provided appropriate urinalysis profiles weekly, with no evidence of profiles weekly, of relapse relapse or illicit substace substance use. use He expresses expire understanding of the baneful harmful effects effeet of substance substace ue use for toe families failies and communities. At this time, positive progress time, Sean has made positive Signed progress in treatment. Signed Halee V. Stroup, BA, Counselor. See Letter ofMarch 23, 2022, CYS Exhibit 14. Halee This letter is TH ls being written to verify that Sean Sea Dungee Dungee is currently currently enrolled in treatment at Allied Addiction Recovery, LLC.LLC. HeHe attended an intake appointment attended an appointment on on 2/7/22 2/7/22 and was recommended recorte died to participate in weekly outpatient group therapy sessions. Sean has aattended ttended a « total of 13group 13 group therapy tdee individual therapy sessions and therapy sessions in addition to three tad his intake as assessment. ment, His attendance and and participation participation in treatment treatment have been been good good. Sean hasha made positive positive progress progress in in treatment. treatment. He provided provided weekly weekly urine samples, and and all results of of his urinalysis testing were urinalysis testing appropriate. appropriate. Sean is scheduled scheduled to to successfully complete complete treatment treatment on 6/27/22 following on 6/27/22 following his final his flaal current status individual therapy appointment as long as he maintains his current stats and compliance compliance with Haelee V. Stroup, BA, Counselor. See Letter of treatment. Signed Haelee ofJune hue 22, 2022, CYS Eehlbit Exhibit 14, 14. This letter is being being written written to verify that to verify that Sean Dungee Dungee successfully completed treatment successfully completed treatment atat Allied Allied Addiction Recovery, Addiction Recovery, LLC. He attended an intake He attended intake appointment on 2/7/22 27/22ad and was recommended recommended to participate to participate in weekly weekly outpatient outpatient group group therapy therapy sessions. sessions. Sean attended attended aatotal total of 13 group of 13 group therapy therapy sessions in addition to five individual therapy sessions and his bis intake assessment. ass¢ ent. His attendance attend.ace and participation in treatment were good. cede positive progress in treatment. good. Sean made t tr ert He provided provided weekly weekly urine urine samples, and all results of his urinalysis and ll urinalysis testing testing were appropriate. appropriate Please feel free to to let let me know know if there are any if there any questions or concerns. See Letter of or coooems. ofJune June 27, 2022, 21022 Father's Exhibit B. Page 18 of 48 • and equally and equally compliant compliant with with parole. Finally, Eisengart parole. Finally, Eisengart testified testified that Father maintained that Father maintained safe and safe and stable housing. Despite Father's compliance with most court Despite Father's court ordered ordered services, services, Eisengart Eisengart testified that testified that there there were a number of Agency a number Agency concerns remaining. remaining. First, Eisengart testified that, despite despite Father completing counseling with Christian Counseling, the the Agency remained concerned with the effectiveness of such treatment treatment due to to the lack of collateral information provided to the counselor. Eisengart testified that she she was unable to verify Father's present sobriety sobriety due to his no o shows at drug screens. Eisengart also testified that there at drug regarding there are continued concerns regarding mental health. Finally, Eisengart Father's mental Eisengart testified testified that despite despite Father completing Batterer's Intervention, his occurred at his participation occurred at the same time as the TPR filing. filing." Upon Upon direct direct 19 what circumstances are not questioning of what from the not remedied from original adjudication, the original adjudication, Eisengart Eisengart testified, Father's mental health, health, sobriety sobriety and and his his outstanding criminal case. Eisengart acknowledged that Father's visits visits with J.D. "go "go well," while while also testifying testifying that has never reached the level of unsupervised visits. Currently, Father has Currently, Father has Court ordered ordered supervised visitation, once aaweek for three three (3) hours, along along with three three (3) (3) additional additional visits visits every month. Father has not spent time with I.D. has not J.D. unsupervised unsupervised since since the the inception inception of the case. The The Caseworker Caseworker reported reported that that the go well. the visits go well. However, since additional additional visits were ordered in visits were in June of June of 2022, 2022, Father has failed Father has failed to utilize the additional to utilize additional visits. visits. TPR was l'pg 19 filed approximately wees fled one ((I) approximately one 1) year after afer the child was adjudicated dependent. The Agency adjudicated dependent. Agency filed the the TPR before before the the standard standard timeline of fifteen tireline of fifteen (15) months, utilized (I5) months, by the Washington utilized by Washington County Agency. When County Agency. Whe asked why asked why the Agency Agency filed the Petition early, early, tbe the Caseworker Caseworker indicated that that the were not compliant the parents were compliant with services and were not were not drug drug testing. testing Page 19 of 48 • As supported As by the supported by the Dependency Dependency Court Court docket, docket, Eisengart Eisengart testified that Father's testified that Father's highest highest in April level of compliance with his permanency plan was moderate in April of 2022 with his highest level of progress being minimal at the same time. time. J.D. Grandparents since January JD. has been placed with Maternal Grandparents 2021. Caseworker has January 202L. visited visited the kinship home including as recently as August August of 2022. Caseworker stated stated that that J.D. appears to to be happy and doing well in in the home. He also receives early intervention services in home of the Chambers. J.D. the home JD. previously received occupational therapy, therapy, but has has since since discharged Materal discharged. Maternal Grandparents ensure that that J.D. J.D. attends attends all all services, daily needs, services, meet J.D.'s daily needs, and act and act as aapre-adoptive pre-adoptive placement. placement. J.D. refers to Maternal Grandparents, with whom Maternal Grandparents, wbom he has has been been in care care for the majority of his life, as "Mom and Dad. for the Dad " Eisengart Eisengart stated that the Agency 20 Agency has bas provided provided services services for Father Father to assist him in alleviating the circumstances in alleviating brought J.D. circumstances that brought I.D. into care. Eisengart testified that J.D. has been in care for the majority majority of his life and deserves permanency. On Eisengart was Oa cross, Eisengart was questioned questioned regarding regarding the the false positive drug false positive drug screen screen of of Father and Father and whether the the Agency Agency had concems with the reliability had concerns reliability of the other of the other tests, tests, to to which Eisengart Eisengart responded responded in in the negative. Eisengart the negative. also asked Eisengart was also asked about the child permanency plan plan (CPP), which indicated that that mental health treatment treatment was completed. completed. Testimony of Testimony Eisengart on of Eisengart cross-examination included on cross-examination included testimony that she testimony that she was contact was in contact with another child with child of Father, who was unable Father, Kylea, who unable to to be be aaplacement placement resource due to to her age. age. Eisengart was unable Eisengart was unable to speak to any to speak any other members of other members of Father's Father's family, but noted that Father family, but Father failed to offer any family members for placement prior to to the filing the TPR. Finally, filing of the Finally, Eisengart Eisengart testified that she testified that she was unaware of Father's Father's potential potential sentence for his sentence for outstanding his outstanding re The Minor 20 Minot Child turned two two (2) in October and came into care at (2) in at two two and one-half one-half (2 %) months old. (2 %) Page 20 of Page of 48 i criminal charges but would have have concerns concerns for even house-arrest house-arrest due to Father's inability inability to handle emergencies or handle emergencies or attend attend appointments appointments for for the the Minor Child. Child. Eisengart testified that Father was cooperative with with signing releases and and completed Triple PParenting in June of 2021 and P and Batterers Intervention Counseling Counseling in January January of 2022 2022. When questioned in more When questioned more detail about about Father's Father's visits with with the Minor Child, Eisengart the Minor Eisengart stated that Father has had bad some valid excuses for missing missing visits including, contact with COVID, COVID, aafuneral, car problems and work. Eisengart noted that she has observed a a few minutes of a a few visits visits between Father J.D., and also supervised Father and JD., supervised visits a acouple couple of times at Blueprints. Eisengart indicated that the the interaction between and Child is positive between Father and and she has no positive and concerns during the concerns during the visits. visits. Eisengart Eisengart also also testified testified that there there has been been no no historical threat or or threat of harm to threat to J.D. J.D with with Father. Upon questioning from the GAL, Eisengart Eisengart acknowledged that that Father may may not be getting getting everything everything he needs from the the services he has engaged with, specifically engaged with, specifically considering progress considering his progress reflected in Court orders. The Caseworker agreed agreed it concerning, when questioned it was concerning, questioned about the timing of Father's highest highest level of progress being followed, a short ten a short ten ((I0) 10) days days later, later, by by the entry of aaprotection from abuse order. Eisengart also acknowledged acknowledged that Father was involved with with the Agency Agency for children, but noted that the for other children, the other other case was closed. closed. With specific reference to the needs of JD., J.D., Eisengart Eisengart testified that the child has health conditions, including asthma and and Father Father has bas not any appointments not attended any appointments for child." child" 4) Annie 4) Anne Schlegel Schlegel Director Washington County Director Washington County Children Children and and Youth Youth Social Social Services Services Director Schegel testified that an Agency team testified that meeting was team meeting was conducted to discuss the Dungee to discuss Dungee Testimony indicates that Father sent a Testimony 21 a message via text text to to Foster asking how the Minor Foster Parents asking Minor Child Child was doing doing. noted that It was also noted that Father was offered additional visits but failed to but failed to utilize the the same. same. In addition, Maternal In addition, Step- Matera! Step- grandmother grandmother took a a year off from working to to care for the Minor Child's specialized specialized medical needs. Page 21 of 48 ' case case during during Caseworker Caseworker Eisengart's maternity leave. The Eisengart's maternity meeting, called The meeting, called by Casework Casework Supervisor, Kristin Young, was was facilitated Schlegel. The meeting facilitated by Schlegel. meeting first involved aareview review of to Father. The team services provided to contemplated that, at the time of the meeting, team contemplated had meeting, Father bad not done batterers' not done batterers' intervention, intervention, had a pending PFA a pending PFA violation, violation, had engaged in mental engaged in mental health treatment treatment but not not completed the same, same, had ongoing history had an ongoing history of domestic violence and and found to to have no progress in alleviating alleviating concems concerns leading to the Child's dependency. leading to dependency. In In short, short, Schlegel Schlegel indicated that the meeting was held when the Minor Child was twelve twelve (12) (12) months in care and the Agency opinioned that they offered Father all available court they offered court services, services, with with no other reasonable services services available and no significant significant progress from Father. 5) Kylea 59) Klea Dungee- twenty (20) Dungee's twenty (20) year old adult child provided testimony testimony at at the hearing. hearing. Appearing Appearing quite quite nervous, nervous, Kylea Kylea Dungee Dungee testified that currently lives that she currently lives alone in Donors Donora and and J.D. JD. is her is her brother that she met as a a newborn and last saw in Christmas Christmas of 2020. Kylea testified that when J.D. at her great she saw I.D. great grandmother, Ms. Donna's house, she watched Dungee feed J.D., house, sbe ID., provide aadiaper change, and engage in other provide stuff' with the Minor Child. Kylea other "newborn stuff Kylea indicated that I.D. J.D. was two two (2) (2) months old at the time. The witness indicated that she she "had "had J.D. a a lot during lot during the the Christmas Christmas visit," further indicating, indicating, "T "Iheld him him a a lot... the the whole whole time." Kylea time." Kylea testified testified that she also saw JD. that she J.D. on another another visit visit when he was aacouple days or a couple days a week old. She indicated that that she hasn't seen the baby since, "because "because the baby baby is with Jamie and is with and Jim. Jim." Kylea Klea indicated that she contacted the Caseworker Paige Paige Eisengart Eisengant to offer herself as aacaregiver caregiver for for J.D.. JD.. In July July 2021, Kylea Kylea contacted the the Agency Agency to to hold herself herself out out as as aaplacement option for placement option for J.D. I.D. u The witness The witness indicated that she attempted to contact attempted to contact Jamie and and Jim with with a aFacebook Facebook request, it didn't request, "but it did'tgogo through." through." Page 22 of 48 • The Minor Child, who was approximately approximately four four (4) (4) or five (5) or five (5) months months at the the time, was was unable unable to be placed with K Kylea ylea due to Kylea's age. Kylea indicated that she made an additional call to to kKylea's to the Agency, but did not receive a areturn A second call was made to the Agency retum call. A Agency with the assistance assistance of of aadaycare daycare owner with with whom Kylea was familiar in in August of 202123 The August of2021 Te Kylea Caseworker informed Kylea that she she would discuss her with her her requests with her supervisor, supervisor, however, Kylea Kylea never heard heard back from the back from the Agency. Agency. While While Kylea Kylea requested requested placement placement of in ber of J.D. in her care, she she didn't didn't request request visitation with the Minor Child. visitation with Child. In addition to her in person observations, Kylea was able to observe Dungee Dungee with J.D. JD. on face-time calls during his visits in late 2021. 202L. Dungee would call her when he was with her when with the Minor Child and and sbe she would would observe Father feed J.D. snacks. Kylea indicated that KyKy" "KyKy" was the the J.D. used for her. Kylea also testified that she gave gifts to I.D. nickname I.D. J.D. for his birthday birthday and Christmas, which were delivered through through Dungee. Dungee. Z4 6) gonna Ebore- Grandmother Donna Ebore- Grandmother of of Dungee. of Dungee. Great-Grandmother of J.D. I.D Testimony was received from Donna Ebore, Paternal Great-Grandmother. Ms. Ebore testified testified that that Dungee in her home Dungee resided in home three three (3) (3) months before J.D. I.D was bor born and and three three (3) (3) J.D. and months thereafter. I.D. and Dungee resided in her her home home "from "from the "first day the first day home home from from the the hospital, until CYS took took him and placed him and placed him with Mr. Chambers." him with Chambers." Ebore, who is Ebore, who is retired, retired, testified testified that that J.D., "wasn't aabad baby" I.D., "wasn't baby" or ababy or a baby that would would "cry "cry aalot" and she she watched Dungee Dungee feed, clothe and bathe the Minor Child. Ebore indicated that both she and Dungee provided gifts Later testimony Luter 23 testimony indicated that it was was Ms. '%49. Sonya's Sonya's daycare" called Sonya's daycare" called "Sonya's Enchanted Garden," and and located in in Donora, Donom, PA. PA -It is unclear if two two (2)2) or three three (3) calls were made (J) calls made to the Agency. to the Agency. On cross-examination from from the the GAL, GAL, Kylea Kylee indicated idi that the ted ta first call the first call was when she was living was when her first living her first month her own and wanted month on her wanted to "help with the to el situation." The Th¢ second $eord call was with M. Ms. Sony's Sonya's daycare owner, when she worked there. u Kylea testified Kylea testified that that she she provided provided CROCs and and clothing clothing for for J.D.. JD.. Page 23 of 0f 48 ' for J.D.. .D.. According to Ebore, According to Ebore, Dungee has "been Dungee has "been through this before," through this before," (referring to his (referring to his four four (4) (4) children) and she has no safety concerns with JD. other children) J.D. in Dungee's care. Ebore stated that, three (3) three weeks ago, () weeks ago, she observed Dungee with I.D. J.D. on Facebook, something she would do about something she one one ((l) 1) time per week. week. During During this Facebook observation, Ebore would observe Dungee Dungee hold hold J.D.. The JD.. The Facebook video was recorded and and not not a feed. Ebore's last live interaction with a live feed. J.D. was when he was three three (3) months months old. Ebore testified that that she never reached out to to the Agency to care for Agency to for J.D., I.D., but driectly made but directly requests to made requests to the placement placement providers to care providers to for J.D... care for J.D.. No visits ever occurred No occurred and Ebore Ebore only made one one ((l) 1) attempt attempt to contact contact the Chambers family. family. Ebore indicated that she is "disabled" and and "cannot do do a a lot" only able to hold J.D. JD. for a "limited time." In response to questions from the Court, Ebore indicated that her husband is not not "able bodied" and bodied" and she has a a caregiver, Toi Burgess, her her daughter. daughter. In response response to additional questions, Ebore indicated that that Dungee was not subject subject to a a PFA when he be was living living in her home and also was not not subject to to federal drug charges at the time. On cross-examination by by the GAL, Ebore clarified that the federal federal drug charges were filed against against Dungee Dungee "way before" he lived in her home. her home. 7) Carly 7) Carly Sonafelt-Cuseard- Sonafelt-Cseard- Case Case Aid for Washington Washinatan Conaty County CY'S CYS Carly Carly Sonafelt-Cuseard, Case Aid Sonafelt-Cuseard, Case Aid for for the the Agency, Agency, provided provided testimony testimony beginning beginning with with her her history of providing services to to Dungee in June or July July of 2021. Sonalfelt-Cuseard indicated that she supervised visits for Dungee and J.D. and found the visits appropriate. appropriate. She indicated that Dungee always checks J.D.'s diaper and feeds and plays plays with the the Minor Child. Sonafelt-Cuseard indicated that indicated that Dungee is to calm is able to calm J.D. I.D. down and and pays appropriate appropriate attention to the Child. She to the xs Cross reference with page 25 herein in description of domestic 'Cross domestic violence incident in the presence presence of of Toi Burgess. Burgess. Page 24 of 48 • also testified that that Dungee provides provides birthday and and Christmas Christmas gifts gifts and and clothes, toys toys and and trucks trucks for the the Minor Child Child for special "special events." Sonafelt-Cuseard observed that Father Father is up-to-date up-to-date on the Minor Child's medicals and Minor and has watched watched him bim maintain regular regular contact with with the Chambers. Overall, Sonafelt-Cuseard Overall, Sonafelt-Cuseard testified that she has observed testified that observed no problems problems during the visits during the visits between Dungee and and J.D. J.D. and has observed video bas observed video calls between Dungee and Kylea Dungee and Kylea during during visits. On cross-examination from the On the GAL, Sonafelt Cuseard testified Sonafelt-Cuseard testified that that Dungee started bringing Dungee started bringing supplies to the visit with with JD. J.D. one one (1) (I) or two two (2) ago and (2) months ago previously Jaime Chambers, and previously Chambers, foster foster mother, mother, provided all supplies. Sonafelt-Cuseard also testified that the video calls calls with with Kylea have only happened happened more recently. recently. 8) Se 8) Sears DuWe Dungee Sean Dungee, Father, provided testimony on his own behalf. After providing providing some basic information, Dungee began to to address his present living conditions and and his his response response and with the Dependency compliance with Dependency Case Court Dungee testified that Court ordered services. Dungee that he he lives alone in alone in aatwo two (2) bedroom home Q2) bedroom home with with room room for J.D. The for ID. The Agency Agency has deemed Dungee's has deemed home Dungee's home appropriate with no concerns as of August August 2022. Dungee indicated that he is aware of his Court ordered services, including the ordered the requirement for random random drug drug and and alcohol testing. testing. Dungee Dungee indicated that indicated he works that he works Monday through Friday Monday through Friday from from seven (7) am seven (7) until three am until three () (3) pm daily sb pm daily. Dungee indicated that that his his work schedule has created difficulty difficulty in his engagement engagement with the random tests. Previously, Dungee attempted to leave work early early and his supervisor supervisor said, said, "that wouldn't be advised" indicated that he advised." Dungee also indicated he had had difficulty with testing testing when he lived with grandmother because with his grandmother he had because he had limited limited transportation transportation after wrecking his after wrecking his car. car. Once Dungee Dungee zs Dungee testified that he works with Universal Electric, a Dungee a job he he has bas held since sinoe November 2021. Page 25 of 48 • obtained a car, he began a new car, providing began testing again. Nevertheless, Dungee acknowledged providing Caseworker Eisengart Eisengart with aamultitude of reasons for failing failing to consistently test. to consistently test. Dungee also addressedd aapositive test also addres test for cannabinoids cannabinoids and methadone indicating that, he indicating that, only became aware of the the results results during during the Court hearing. bearing. Dungee challenged these findings Dungee challenged findings indicating indicating that, he doesn't do drugs. drugs. Dungee Dungee requested requested aare-test re-test in August and in August and learned in Court that the results were deemed aafalse false positive for methadone. methadone. Since Since that time, time, Dungee has has requested aachange from from oral to urine tests. tests. he began Dungee testified that he began drug drug and and alcohol treatment treatment in in January January and/or February February of 2022. Initially, he he was was unable unable to find aaprovider provider due due to evaluations evaluations suggesting no need suggesting no need for treatment. The additional treatment. The recommendations for no further treatment treatment were provided despite despite the fact that he was on bond facing federal drug charges. Dungee also encountered problems problems with his insurance. Dungee indicated that Caseworker Eisengart Eisengart referred him to and he to AAR and eventually early 2022 eventually treated with AAR in early 2022. Testimony next Testimony next turned turned to to Dungee's Dungee's mental mental health treatment treatment history. history. Dungee Dungee testified that that he currently has no medication prescribed for his mental health. In 2019, he was evaluated at at Southwestern Pennsylvania Southwester Pennsylvania Human Services (SPHS) Human Services CARE Center and (SPHS) CARE and received aaprescription prescription for for buprenorphine anxiety. Dungee treated buprenorphine for anxiety. treated with the CARE with the CARE Center Center for for aaperiod period and and then then left. left. Per Dungee's testimony, in 2021, he returned to the CARE Center, Center, however however "they "they could not accommodate his hours." Caseworker Eisengart eventually helped Dungee find aanew provider provider Associates (CCA) with Christian Counseling Associates (CCA) and Dungee began working with Katherine began working Katherine Davis for mental health therapy. therapy. According to Dungee, the main focus of his treatment treatment with Davis Davis anxiety with was anxiety with panic panic attacks. Page 26 of 48 Dungee indicated that in April 2021 he April of 2021 he obtained housing he bas housing and he has had had no further issues with issues with housing. Dungee also also testified that he completed completed batterer's intervention counseling counseling with with Kate Kate Vozar in December of 2021 2021.2' He continued by by summarizing summarizing that he has maintained housing and bousing and aajob, has not not been in in trouble, doesn't doesn't do drugs and attends drugs and attends mental mental health counseling. Dungee testified testified that he failed one one (1) test from (D) test the federal from the federal government government in in September of 2021 with cannabinoids. Re-stating Re-stating that he doesn't do drugs, Dungee Dungee testified that he uses no marijuana presently presently and only uses aavape vape pen. pen. In further illustration of his efforts to comply with Court ordered services, services, Dungee Dungee testified that he did parenting education with two two (2) (2) people and finished this service successfully and first of all requirements. also indicated that he signed requirements. He also signed all requested requested releases, releases, with with the the exception of CCA and and Katherine Davis, who who was requesting $50 for each release. requesting $50 Dungee indicated that he missed his older son's prom prom in order order to visit with with J.D. and rarely JD. and rarely missed aavisit. Dungee testified that he is and would sing, is an entertainer and dance and sing, dance and listen listen to to music with with J.D. He would provide J.D. JD. .D. with with gifts for holidays and and his birthday and he rotates birthday and rotates purchasing purchasing shoes for for all five five (5) of his children. children. Dungee continued that he also purchases purchases snacks, including including hoagies, bananas and PBJ for J.D., I.D., noting that J.D. "likes to eat." Indicating Indicating that he saw Jaime Chambers give and raisins, Dungee testified that J.D. give J.D. applesauce and I.D. doesn't doesn't like juice, juice, only only water. water. Dungee acknowledged that he didn't always bring bring snacks noting that, that, "Jamie used to do that." it, we were cool like that." he had pretty Dungee testified that be pretty bad communication with the Agency and Agency and so he would would talk to Jaime and and Carly the case aid, aid, more than Paige Paige Eisengart. Eisengart. However, more recently, Dungee indicates improved Eisengart. improved communication with Ms. Eisengart. Record establishes that batterer's Record barterer's intervention counseling was completed on January was completed January 2A, 2022. 24, 2022 Page 27 of 48 ' ' Dungee Dungee indicates indicates that he he has had no contact with no contact with Angela Angela Dungee Dungee (Minor Child's mother) (Minor Child's mother) since December of 2021. Stating, "the judge said action speaks speaks louder than words, so IIwent to louder than work." Dungee Dungee testified that that problems problems with Angela Angela Dungee Dungee were that "she was that "she never was immature, never wanted wanted to be in the house and and was not not family oriented." He family oriented." stated that He stated that he he "did everything he he could to help her with to help J.D." with I.D." When asked When asked about about his pending pending federal federal sentencing, Dungee indicated that he is scheduled indicated that for sentencing sentencing on on October 4, 2022 on on the the charge of of Conspiracy to Distribute aaLarge Amount of of While he could Cocaine. While could be sentenced thirty thirty (30) (30) to thirty-seven (37) to thirty-seven (37) months, he may also and he believes that he will receive the receive house arrest and the minimum sentence. Dungee Dungee noted noted that he that is confident he is confident that he has that he has followed all the rules followed all regulations of rules and regulations of his pre-sentence release. pre-sentence release. Dungee testified that he Dungee testified he "had "had no problem" with Jim and Jaime, the the fosterparents J.D., fosterparents for I.D., until CYS was involved. Dungee Dungee testified testified that all other children all of his other children see one another, but but J.D. has has no contact with any of them and and is not not seeing his side of the the family. Dungee stated, "Jim and Jaime Jaime aren't on their own, he has family aren't on family on on this side." "Idon't side." "I don't need need them to regulate therm to regulate me me with with my child, the federal offense happened before J.D. I.D. was born." bom." Dungee indicated that he bas has aa great relationship with J.D., calling the child bossy great "bossy and laughing." spend laughing." He would like to spend more more time with J.D., saying saying that that the Minor Child's Child's relationship with his family is "non- his paternal family "non- existent at this existent at this time." Dungee continued time." Dungee continued by stating that by stating that he didn't have have a a father and and he he wanted wanted to know dad wasn't know why his dad wasn't around, around, "it affects affects me to to this day because things were different for me than other than other children." children." Dungee stated, stated, because "because my dad dad wasn't there makes makes me be different different wit with my son. IIknow how how to make the music and to make and [J.D.] keeps going and [ID.]keeps and dances." Dungee indicated indicated that he has even created a that a song for his his son called, called, "Tribe of JD.," J.D.," where he expresses that he expresses that he will Page 28 of 48 "never go back on his son and will will be fighting for his be fighting his son." Dungee indicates that the song is because he can't change his past past but can do his best from this point point on. on. 26 On cross-examination from the Agency solicitor, Dungee Dungee acknowledged acknowledged that he is diagnosed with mood disorder and and bi-polar and has a a problem problem with drinking alcohol." alcohol. 29 Dungee Dungee also indicated that his pre-trial services also services require him to engage with mental health for panic panic attacks. 30 Dungee also acknowledged attacks." J.D. is in good acknowledged that JD. good care. On cross-examination from the GAL, Dungee admitted that he previously focused on his marriage more than than on his son, but now recognizes that but now that his his son comes before everything. everything. Dungee acknowledged that he hasn't gone to to the hospital hospital for J.D. and hasn't gone J.D. and gone to J.D.'s JD.'s doctor's appointments. doctor's appointments. However, Dungee indicated However, Dungee indicated that that he he would would talk to Jaime talk to Jaime to to get get J.D.'s medical information. In addition, Dungee information about .D.'s Dungee indicated that he he "offered to go" to to the emergency hospital visit for J.D., felt he I.D., but felt he "didn't need to leave work when one of them was already there." When asked about the effect on J.D. of being removed from Jim and Jaime, Jaime, his long-term placement, his long-term placement, Dungee Dungee stated stated that, "he will that, "he will have have to adjust... he to adjust.., be is young... he is young.. he able to will be able to adjust." Dungee completed his testimony testimony indicating indicating that he he just just wants wants J.D. JD. to to a relationship with all sides of have a family. ofhis family, ze This Court looked for any statement of Father that pis that he he wished wished for reunification with with his son or wished wished to care for tor his son and and found none, none. Dungee's testimony regarding his wishes testimony regarding wishes focuses on spending focuses on "spending more time tine with with his son" on" and having having his bis son spend more time time and get get to know know his his side of the family. family. See also, also, evaluation of Dr. Crabtree Crabtree of June 23,2022, 23, 2022, wherein it is is stated, It "It was during conversation with Mr. Dungee that even if he wes implied during be is not the primary primary physical physical custodian, custodian, he he would like toto have some sore time time with his son so that his son could continue to develop develop a relationship with with him his and and get get to know his extended family." family." While While not not determinative of the the outcome, this this Court Court found the the absence of aamore direct request for reunification curious. curious " Dungee testified to these issues as present "Dungee present issues, not areas alleviated and/or control. an/or under control Consistent with the purpose for which Dungee, by his own testimony, sought Consistent 30 sought treatment from Katherine Katherine Davis. Devis. Page 29 of 48 9) Ge Grace Capone. Capone, Clinical Clinical Supervisor, Supervisor. Southwestern Southwestern Pennsylvania Pennsylvania umen Human Services Services (SPHS) (SP HS) Grace Capone, Mental Health Clinical Supervisor at at SPHS provided testimony indicating indicating that she performed Dungee's discharge and and reviewed his file in preparation for the the hearing. Capone's testimony was difficult at at times to to follow, however she she testified testified that Father has has a a history with SPHS dating with SP'HS dating back to 2018 and he has treated for has treated for both drug and both drug and alcohol and mental health. During his health. During his first first engagement with SPHS, attended ten SPHS, Dungee attended ten ((I0) 10) mental health sessions mental health sessions and and one one ((I) 1) drug and and alcohol session and and then "disengaged." Dungee then "disengaged." Dungee was discharged discharged after attending mental health sessions in April 2019 due to non-attendance and the office's inability inability to reach reach him. him. Dungee Dungee was was discharged from from drug and alcohol drug and alcohol treatment treatment after SPHS determined after SPHS determined that that he did not he did not need need the the service, service, however the 2018 however the 2018 engagement was resultant resultant of of a a CYS CYS referral with referral with commend«on or wear aeon ens the original recommendation of weekly mental health and ad ddrug and shot alcohol sessions. sons. In September 2019, Dungee was again again referred to to SPHS fror from adult probation. probation. During During the the 2019 referral, Dungee was 2019 referral, was consistent consistent for over thirty (30) (30) mental mental health sessions, sessions, where where he continued until continued until November of 2021, November of 2021, when when he was discharged he was discharged for non-attendance paired with for non-attendance with his his failure to contact his therapist. Dungee's prognosis prognosis was poor at that poor at that time. In January of 2022, Dungee was again referred to to SPHS for mental mental health and drug drug and and alcohol services. alcohol services. This This referral referral was was from from CYS and pre-trial CYS and probation. Dungee pre-trial probation. Dungee failed failed to to regularly regularly and consistently attend services, only attending Dunge was later discharged attending the intake session. Dunge discharged for non-attendance. February of 2022 was when the the SPHS center center had had its last contact with Father. Capone indicated that Father had had aageneralized generalized anxiety anxiety disorder diagnosis but disorder diagnosis but SPHS had no documentation of no documentation of any any medication. medication. Capone Capone testified testified that Father has no Father has history of drug no history drug use on use on record. record. Father self-reported any drug issues or concerns. In addition to to the anxiety, anxiety, Capone Capone Page Page 30 of 48 • indicated has aahistory of Agoraphobia and indicated that Dungee bas and Major Depressive Disorder, Disorder, both both diagnosed in 2019 by a diagnosed a SPHS psychiatrist when he returned psychiatrist when retumed to care. 10) Jodi 10) Jodi Lynn Axe, Lynn Axe, AAR AAR supervisor supervisor provided testimony regarding Jodi Lynn Axe of AAR, provided Dungee's treatment. regarding Dungee's treatment. Although Although Axe did not personally did not personally treat treat Dungee, she served Dungee, she served as as the supervisor for the supervisor for his therapist, Haley his former therapist, Haley Axe now Stroop. Axe now serves as Custodian Custodian of the the Records of Father's Case Notes and testified testified in place place of Stroop of due to Stroop Stroop due Stroop leaving leaving the Group. Axe testified testified that Dumgee Dungee began treatment with AAR on February February 7, 7, 2022. He arrived based on a a self-referral for drug and and alcohol treatment services. He was in outpatient outpatient therapy therapy that involved both group and individual sessions. Axe testified that testified that Dungee was "very Dungee was "very compliant" and attended all sessions, missing only one one ((I), 1), that that was promptly rescheduled rescheduled. AAR requires urinalysis screening for urinalysis screening for an an extensive extensive list of substances, list of substances, including: including: alcohol, alcohol, metabolites, opiates, heroin, metabolites, opiates, methadone, fentanyl, heroin, methadone, fentanyl, cocaine, cocaine, K2, K2, spice, spice, vivitrol, and vivitrol, and methamphetamine. This weekly weekly testing is is unannounced unannounced and performed every time aaclient performed every client presents presents for services. Dungee participated participated in this this testing testing which was collected by by AAR and sent sent to Quest Diagnostics for analysis aoalysis and results. All tests taken by by Father were negative except for negative except the initial test. tests."31 test. There were no concerns with Father's tests 31 The drug tests are done in "re in aadouble locked bathroom bathroom after removing jackets jackets and anything in their their pockets pockets in an empty room. The samples are tested room Tbe$apples tested to see if there re are any alteration and Father's samples were never Father'seaples problematic. problematic Page of 48 Page 31 of • 11) ID) Jamie Chambers. Maternal Jamie Chambers, Step-grandmother and kinship Maternal Step-grandmother kinship caregiver caregiver Jamie Jamie Chambers testified that that Father only asked Father only asked to to attend a a single doctor's visit. Chambers single doctor's testified that, that, at at that time, she told that time, told Father not not to to aadoctor's appointment to come to appointment because there there was a a limit on the number of people who who can attend a adoctor's appointment appointment at any any time. Chambers Chambers testified to to observing visits visits between Father and I.D., J.D., in her home when when J.D. was two (2) approximately two (2) or three three (3) months months old. Father would hold the child for aalittle bit and then hand then band the child to to Angela, Angela, Minor Child's mother. Minor Child's Chambers testified Chambers that she testified that she intends intends for for J.D. I.D. to to keep in contact keep in contact with Father,32 and with Father," and stated stated that generally, that generally, she does not have any issues with Father, Father, but but that she has bas been been fearful of of him him when he fought with Child's Mother. In a a final note, Chambers acknowledged acknowledged that, that, although although sometimes the improper size, Dungee did provide gifts for provide gifts for J.D. Review Review of Relevant Relevant Legal Leal Standards and Aunlication Applicatioa to Present Case Caye te Rrssnt "In a "In proceeding to a proceeding to involuntarily terminate parental involuntarily terminate parental rights, the burden of rights, the of proof proof is is upon upon the party the party seeking termination to to establish by by clear and and convincing evidence the existence of grounds grounds for for doing doing so." In Irere N.W., N. W., 859 A.2d A.2d 501, 506 (Pa. 501, 506 Super. 2004). (Pa. Super. 2004). The The standard standard of of clear and convincing evidence is defined as "testimony clear and "testimony that is so clear, that is clear, direct, direct, weighty weighty and and convincing as to to enable enable the trier trier of fact to come fact to to a come to a clear conviction without hesitance of of the the truth of the truth of the precise precise facts in issue." In in issue." In Re C.MS., 832 Re CMS, 832 A. 2d 457, A.2d 457, 461-642 461-642 (Pa. Super. (Pa. Super. 2003). 2003) The focus of a a termination termination proceeding proceeding is the the conduct of the parents parents with with "adequate adequate consideration" being given to the needs needs and and welfare of the child. Id. ld. at 508. Further, under Further, under n Chambers also testified Chamber that Paternal Grear testified that Great Grandmother was offered an an opportunity opportunity to to visit with with J.D. ID. but she declined declined. No other members of Dungee's filyfamily have contacted the Chambers about visiting visiting with J.D.. JD. Page 32 0f of 48 the Adoption and Safe Families Act, Act, "when aachild is placed placed in foster care, after after reasonable efforts have efforts been made have been made to establish the to establish the biological biological relationship, the needs relationship, the welfare of needs and welfare of the the child require CYS and and foster care institutions foster care institutions to work work toward termination of toward termination of parental parental rights, placing the child with adoptive rights, parents. It is contemplated adoptive parents. process realistically contemplated this process realistically should be completed within within 18 months." Ire In re B.L.L., 787A.2d B.LL, 787 1007,1016 (Pa A.2d 1007,1016 (Pa. Super. 200I), 2001), citing 42 U.S.C. citing U.8.C. §671, (Emphasis added). $671, et seq. (Emphasis added). Termination of Termination of parental parental rights rights is aabifurcated bifurcated analysis. analysis. First, First, analysis made under analysis is made under Section 2511(a) to Section 2511(a) to determine determine if the parents' if the parents' conduct conduct merits merits termination termination of of parental rights. parental rights. The Court need only agree agree with any one subsection of of §$ 2511(a), 2511(a), in addition to to $§ 2511(), 2511(b), in in order to order to grant the termination grant the of parental termination of parental rights. In re BL.W., rights. Ire B.L. W., 843 A. 2d 380, 843 4.2d 384 (Pa 380, 384 (Pa Super. Super. 2004) 2004) (en bane). (en banc). If If the the analysis of Section Section (a) leads to (a) leads to an affirmative response, response, the court the court must then make make an analysis under under Section 2511(b), aadetermination of the needs and and welfare of the the child, under the standard standard of interests, where one major of best interests, major inquiry is the inquiry is the bond bond between parent and child between the parent child and and the effect of of severing severing any any bond. bond. In re Adoption of Adoption of C.D.R., I1IA3d C.D.R, 111 A.3d 1212 1212 (Pa. 2015). Absent a (Pa Super. 20159). showing by a showing convincing evidence by clear and convincing that that aaparent's rights should be terminated, no such termination may may occur. In re Adoption Adoption of ofMA. R, 591 A. MA.R, 2d 1133 A.2d 1133 (Pa. (a. Super. 1991). 1991) In the instant case, the instant case, the the Agency filed filed aaPetition Petition for Termination Termination of of Parental Parental Rights under Rights under 23 Pa. C.S.A. 23 P. C.S.A. §$ 2511(a)(1), 2511(a)(1), (a)(2), (a)2), (a)(5), (a)(8), and (a)05), (a)(8), and $§ 2511(b). 251160) Section 2511(a) 25116a) Under Under §{ 2511(a)(1), 2511(a(1), termination of parental parental rights rights may be granted may be granted when a "parent "parent by by conduct continuing for aaperiod of at least six months immediately immediately preceding the filing filing of the Page of 48 Page 33 of petition either either has has evidenced a purpose of relinquishing a settled purpose relinquishing parental to aachild, parental claim to child, or has bas refused or failed to perform parental parental duties. In the the present present matter, the the Petition for Involuntary Termination of of Parental Parental Rights Rights was filed by Accordingly, the relevant time period by the Agency on February 1, 2022. Accordingly, period for evaluation is August through January 31, 2022. August 2021 through 2022. During this time frame there During this there were two two (2) (2) permanency permanency review hearings on August 17, 2021 and December 14, 202I. August 17 2021. At the August 17 th hearing, Father hearing, was found to have minimal compliance with the permanency permanency plan plan and and no progress progress in alleviating alleviating the circumstances which necessitated the original placement. Visitation remained supervised supervised at intervals of of once per week for two two (2) (2) hours bours in duration. The order specifically The order provides specifically provides "permission to "permission expand after to expand after Mr. Mr. Dungee participates in Dungee participates in three three consecutive consecutive visits." visits." See Permanency Review Hearing Order of ofAugust August 17, 2021, attached in CYS collective exhibit S. In in CS addition, Dungee was ordered to the following: following: • Complete drug and alcohol testing at the drug and the Washington County County Drug Drug Testing Testing Center, Center, twice monthly through through random selection or or upon upon aareasonable reasonable suspicion suspicion of intoxication or impairment. impairment. • Complete drug • Complete drug and alcohol treatment and alcohol treatment through through an an appropriate appropriate provider provider and and follow follow all recommendations. recommendations • Follow the recommendations of Dr. Crabtree, Crabtree, Licensed Psychologist, evaluation dated May May 26, 2021. • Complete intensive mental treatment through mental health treatment through an appropriate provider an appropriate provider and and follow all recommendations. • Obtain and • Obtain and maintain safe and maintain safe stable housing. and stable housing. • Sign all releases requested by the Agency. • Attend Attend parenting parenting education. • Complete counseling through Complete domestic-violence counseling through an appropriate provider and appropriate provider and follow all recommendations. Id. At the At the December 14, 2021, December 14, 2021, permanency permanency review hearing, Father review hearing, Father is is again found to aga [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9839272. Public record. Not legal advice.