### J
- S20040

- 18

NON - PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 IN RE: D.S.H. AND B.R.H., MINORS

APPEAL OF: R.A.H., FATHER : : : : : : : : : IN THE SUPERIOR COURT OF

PENNSYLVANIA

No. 1795 MDA 2017 Appeal from the Decree s November 2, 2017 In the Court of Common Pleas of Lancaster County Orphans ’ Court at No(s): 1751 of 2017,

1752 of 2017

BEFORE: GANTMAN, P.J., OTT, J., and KUNSELMAN, J. MEMORANDUM BY GANTMAN, P.J.: FILED MAY 03, 2018 Appellant, R.A.H. (“Father”), appeals from the decree s entered in the Court of Common Pleas of Lancaster County Orphans ’ Court Division, which granted the petition of the Lancaster County Children and Youth Social Services Age ncy (“Agency”) for involuntary termination of Father’s parental rights to his minor children, D.S.H. and B.R.H. (“Children”). We affirm. In its opinion, the Orphans’ Court fully and correctly set forth the relevant facts and procedural history of the c ase. 1 

### Therefore, we have no reason to restate them. Father raises the following issues for our review: WHETHER THE COURT ER RED IN TERMINATING F ATHER’S

_________________ __________ ______ ____ _______ 1 

### This appeal is related to the appeal listed consecutively at No. 1847 MDA 2017 (J

- S20041

- 18).

### J
- S20040

- 18

- 2

- AND MOTHER’S PARENTA L RIGHTS? WHETHER THE COURT ER RED IN CONCLUDING TH AT THE EVIDENCE CLEARLY AND CONVINCI N GLY ESTABLISHED THAT FATHER AND MOTH ER HAD, BY CONDUCT CONTINUING FOR MORE THAN SIX MONTHS, EVI DENCED A SETTLED PURPOSE OF R ELINQUISHING PARENTA L CLAIM TO CHILDREN AND HAD REFUSED [OR] FAILED TO PERFORM PARENTAL DUT IES? WHETHER THE COURT ER RED IN CONCLUDING THAT THE EVIDENCE CLEARLY AND CONVINCINGLY ESTABL ISHED THAT THE REPEATED AN D CONTINUED INCAPCIT Y, NEGLECT OR REFUSAL O F FATHER AND MOTHER HAD CAUSED CHILDREN TO B E WITHOUT ESSENTIAL PARENTAL CARE, CONTROL AND SU BSISTENCE NECESSARY FOR THEIR PHY SICAL AND MENTAL WEL L
- BEING AND THAT THE CONDITIONS AND CAUSE S OF THE INCAPACITY, NEGLECT OR REFUSAL CANNOT OR WILL NOT BE REMEDIE D BY THE PARENTS? WHETHER THE COURT ER RED IN CONCLUDING TH AT THE LANCASTER COUNTY CHILDREN AND YOUTH A GENCY HAD MET ITS BURDE N IN PROVING THAT FA THER’S AND MOTHER’S PARENTAL RI GHTS SHOULD BE TERMI NATED WHEN THERE WAS EVIDE NCE THAT MOTHER HAD BEEN ACTIVELY WORKING ON AND COMPLETING THE G OALS OF HER CHILD PERMANENCY PLAN? WHETHER THE COURT ER RED IN FINDING THAT TERMINATING FATHER ’S AND MOTHER’S PARE NTAL RIGHTS WOULD BEST SE RVE THE NEEDS AND WE LFARE OF CHILDREN? (Father’s B rief at 11 ). 2

_________________ __________ ______ ____ _______ 2 

### Pennsylvania law on common law standing provides that a person can invoke the jurisdiction of a court to enforce private righ ts or maintain an action for the enforcement of such rights, only if that person has in an individual or representative capacity some real interest in the legal right that is the subject matter of the controversy. In Interest of G.C. , 673 A.2d 932, 935 (P a.Super. 1996). See generally In re T.J. , 559 Pa. 118, 124, 739 A.2d 478, 481

### J
- S20040

- 18

- 3

-

Appellate review of termination of parental rights cases implicates the following principles:

In cases involving termination of parental rights: “our standard of review is limited to determining whether the order of the trial court is supported by competent evidence, and whether the trial court gave adequate consideration to the effect of such a de cree on the welfare of the child.” In re Z.P. , 994 A.2d 1108, 1115 (Pa.Super. 2010) (quoting In re I.J. , 972 A.2d 5, 8 (Pa.Super. 2009)).

Absent an abuse of discretion, an error of law, or insufficient evidentiary support for the trial court’s decisio n, the decree must stand. ... We must employ a broad, comprehensive review of the record in order to determine whether the trial court’s decision is supported by competent evidence. In re B.L.W. , 843 A.2d 380, 383 (Pa.Super. 2004) ( en banc ), appeal denied , 581 Pa. 668, 863 A.2d 1141 (2004) (internal citations omitted). Furthermore, we note that the trial court, as the finder of fact, is the sole determiner of the credibility of witnesses and all conflicts in testimony are to be resolved by the find er of fact. The burden of proof is

_________________ __________ ______ ____ _______ 

### (1999) (stating: “In determining whether a party has standing, a court is concerned only with the question of who is entitled to make a legal challenge and not the merits of tha t challenge”; “the purpose of the ‘standing’ requirement is to insure that a legal challenge is by a proper party”). Here, Father filed a notice of appeal from the November 2, 2017 decree s terminating his parental rights. Mother also filed a notice of ap peal from the November 2, 2017 decree s terminating her parental rights. Mother and Father each improperly filed only a single notice of appeal from those decisions. The subject decrees reflected the separate docket numbers and separate decisions as to ea ch child. The decrees w ere entered on each docket. Father should have filed separate notices of appeal from each of the November 2 , 2017 decrees entered on separate dockets . In any event, Father has no standing to raise issues related to Mother or on Mo ther’s behalf.

### J
- S20040

- 18

- 4
- on the party seeking termination to establish by clear and convincing evidence the existence of grounds for doing so. In re Adoption of A.C.H. , 803 A.2d 224, 228 (Pa.Super. 2002) (internal citations and quotation marks omitted). The standard of clear and convincing evidence means testimony that is so clear, direct, weighty, and convincing as to enable the trier of fact to come to a clear convict ion, without hesitation, of the truth of the precise facts in issue. In re J.D.W.M. , 810 A.2d 688, 690 (Pa.Super. 2002). We may uphold a termination decision if any proper basis exists for the result reached. In re C.S. , 761 A.2d 1197, 1201 (Pa.Super. 2 000) ( en banc ). If the court’s findings are supported by competent evidence, we must affirm the court’s decision, even if the record could support an opposite result. In re R.L.T.M. , 860 A.2d 190, 191

- 92 (Pa.Super. 2004). In re Z.P., supra at 1115
- 16 ( quoting In re Adoption of K.J. , 936 A.2d 1128, 1131

- 32 (Pa.Super. 2007), appeal denied , 597 Pa. 718, 951 A.2d 1165 (2008)). Agency filed a petition for the involuntary termination of Father’s parental rights to Children on the following grounds:

§ 2511 . Grounds for involuntary termination (a) General Rule. ―The rights of a parent in regard to a child may be terminated after a petition filed on any of the following grounds: (1) The parent by conduct continuing for a period of at least six months immediatel y preceding the filing of the petition either has evidenced a settled purpose of relinquishing parental claim to a child or has refused or failed to perform parental duties. (2) The repeated and continued incapacity, abuse, neglect or refusal of the parent has caused the child to be without essential parental care, control or

### J
- S20040

- 18

- 5
- subsistence necessary for his physical or mental well

being and the conditions and causes of the incapacit y, abuse, neglect or refusal cannot or will not be remedied by the parent. * * * (5) The child has been removed from the care of the parent by the court or under a voluntary agreement with an agency for a period of at least six months, the condit ions which led to the removal or placement of the child continue to exist, the parent cannot or will not remedy those conditions within a reasonable period of time, the services or assistance reasonably available to the parent are not likely to remedy the conditions which led to the removal or placement of the child within a reasonable period of time and termination of the parental rights would best serve the needs and welfare of the child. * * * (8) The child has been removed from the care of the parent by the court or under a voluntary agreement with an agency, 12 months or more have elapsed from the date of removal or placement, the conditions which led to the removal or placement of the child continue to exist and termination of parental rig hts would best serve the needs and welfare of the child. * * * (b) Other considerations. ―The court in terminating the rights of a parent shall give primary consideration to the developmental, physical and emotional needs and welfare of the child. Th e rights of a parent shall not be terminated solely on the basis of environmental factors such as inadequate housing, furnishings, income, clothing and medical care if found to be beyond the control of the parent. With respect to any petition filed pursua nt to subsection (a)(1), (6) or (8), the court shall not consider any efforts by the parent to remedy the conditions described therein which are first initiated subsequent to the giving of notice of the filing of the petition.

### J
- S20040

- 18

- 6

-

23 Pa.C.S.A. § 2511(a)(1), ( a)(2), (a)(5), (a)(8), and (b). “Parental rights may be involuntarily terminated where any one subsection of Section 2511(a) is satisfied, along with consideration of the subsection 2511(b) provisions.” In re Z.P., supra at 1117.

Initially, the focus i s on the conduct of the parent. The party seeking termination must prove by clear and convincing evidence that the parent’s conduct satisfies the statutory grounds for termination delineated in Section 2511(a). Only if the court determines that the paren t’s conduct warrants termination of his... parental rights does the court engage in the second part of the analysis pursuant to Section 2511(b): determination of the needs and welfare of the child under the standard of best interests of the child. In re L.M. , 923 A.2d 505, 511 (Pa.Super. 2007) (internal citations omitted). Termination under Section 2511(a)(1) involves the following: To satisfy the requirements of [S]ection 2511(a)(1), the moving party must produce clear and convincing evidence of conduct, sustained for at least the six months prior to the filing of the termination petition, which reveals a settled intent to relinquish parental claim to a child or a refusal or failure to perform parental duties. In addition, Section 2511 does not require that the parent demonstrate both a settled purpose of relinquishing parental claim to a child and refusal or failure to perform parental duties. Accordingly, pare ntal rights may be terminated pursuant to Section 2511(a)(1) if the parent either demonstrates a settled purpose of relinquishing parental claim to a child or fails to perform parental duties. Once the evidence establishes a failure to perform parental duties or a settled purpose of relinquishing parental rights, the court must engage in three lines of inquiry: (1) the parent’s explanation for his... conduct; (2) the post

abandonment contact between parent and child; and (3)

### J
- S20040

- 18

- 7
- consideration of the effect of termination of parental rights on the child pursuant to Section 2511(b). In re Z.S.W. , 946 A.2d 726, 730 (Pa.Super. 2008) (internal citations omitted). Regarding the six

- month period prior to filing the termination petition: [T]he trial court must cons ider the whole history of a given

case and not mechanically apply the six

- month statutory provision. The court must examine the individual circumstances of each case and consider all explanations offered by the parent facing termination of his... parental r ights, to determine if the evidence, in light of the totality of the circumstances, clearly warrants the involuntary termination. In re B.,N.M. , 856 A.2d 847, 855 (Pa.Super. 2004), appeal denied , 582 Pa. 718, 872 A.2d 1200 (2005) (internal citations omi tted). The grounds for termination of parental rights under Section 2511(a)(2), due to parental incapacity that cannot be remedied, are not limited to affirmative misconduct; to the contrary those grounds may include acts of refusal as well as incapacity to perform parental duties. In re A.L.D. , 797 A.2d. 326, 337 (Pa.Super. 2002). “Parents are required to make diligent efforts towards the reasonably prompt assumption of full parental responsibilities.” Id. at 340. The fundamental test in termination of parental rights under Section 2511(a)(2) was long ago stated in the case of In re Geiger , 459 Pa. 636, 331 A.2d 172 (1975), where the Pennsylvania Supreme Court announced that under what is now Section 2511(a)(2), “the petitioner for involuntary termina tion must prove (1) repeated and continued incapacity,

### J
- S20040

- 18

- 8

-

abuse, neglect or refusal; (2) that such incapacity, abuse, neglect or refusal caused the child to be without essential parental care, control or subsistence; and (3) that the causes of the incapacity, abuse, neglect or refusal cannot or will not be remedied.” In Interest of Lilley , 719 A.2d 327, 330 (Pa.Super. 1998). “Termination of parental rights under Section 2511(a)(5) requires that: (1) the child has been removed from parental care for at least six months; (2) the conditions which led to removal and placement of the child continue to exist; and (3) termination of parental rights would best serve the needs and welfare of the child.” In re Z.P., supra at 1118. “[T]o terminate parental rights un der Section 2511(a)(8), the following factors must be demonstrated: (1) [t]he child has been removed from parental care for 12 months or more from the date of removal; (2) the conditions which led to the removal or placement of the child continue to exist; and (3) termination of parental rights would best serve the needs and welfare of the child.” In re Adoption of M.E.P. , 825 A.2d 1266, 1275

- 76 (Pa.Super. 2003). “Section 2511(a)(8) sets a 12

– month time frame for a parent to remedy the conditions that led to the children ’ s removal by the court.” In re A.R. , 837 A.2d 560, 564 (Pa.Super. 2003). Once the 12

– month period has been established, the court must next determine whether the conditions that led to the child ’ s removal continue to exist, despite the r easonable good faith efforts of the Agency supplied over a realistic time. Id. Termination under

### J
- S20040

- 18

- 9

-

Section 2511(a)(8) does not require the court to evaluate a parent’s current willingness or ability to remedy the conditions which initially caused placement or the availability or efficacy of Agency services. In re Adoption of T.B.B. , 835 A.2d 387, 396 (Pa.Super. 2003); In re Adoption of M.E.P., supra

. Under Section 2511(b), the court must consider whether termination will meet the child’s needs and welfare. In re C.P. , 901 A.2d 516, 520 (Pa.Super. 2006). “Intangibles such as love, comfort, security, and stability are involved when inquiring about the needs and welfare of the child. The court must also discern the nature and status of the parent

- child bond, paying close attention to the effect on the child of permanently severing the bond.” Id. Significantly:

In this context, the court must take into account whether a bond exists between child and parent, and whether termination would destroy an existing, necessary and beneficial relationship. When conducting a bonding analysis, the court is not required to use expert testimony. Social workers and caseworkers can offer evaluations as well. Additionally, Section 2511(b) does not require a formal bonding evaluation. In re Z.P., supra at 1121 (internal citations omitted). “The statute permitting the termination of parental rights outlines certain irreducible minimum requirements of care that parents must provide for their children, and a parent who cannot or will not meet the requirements within a reasonable time following intervention by the state, may properly be considered unfit and have his...rights terminated.” In re B.L.L. , 787 A.2d

### J
- S20040

- 18

- 10

-

1007, 1013 (Pa.Super. 2001). This Court has said:

There is no simple or easy def inition of parental duties. Parental duty is best understood in relation to the needs of a child. A child needs love, protection, guidance, and support. These needs, physical and emotional, cannot be met by a merely passive interest in the development o f the child. Thus, this [C]ourt has held that the parental obligation is a positive duty which requires affirmative performance. This affirmative duty encompasses more than a financial obligation; it requires continuing interest in the child and a genu ine effort to maintain communication and association with the child. Because a child needs more than a benefactor, parental duty requires that a parent exert [himself] to take and maintain a place of importance in the child’s life. Parental duty requ ires that the parent act affirmatively with good faith interest and effort, and not yield to every problem, in order to maintain the parent

- child relationship to the best of his... ability, even in difficult circumstances. A parent must utilize all availabl e resources to preserve the parental relationship, and must exercise reasonable firmness in resisting obstacles placed in the path of maintaining the parent

- child relationship. Parental rights are not preserved by waiting for a more suitable or convenient time to perform one’s parental responsibilities while others provide the child with his or her physical and emotional needs. In re B.,N.M., supra at 855 (internal citations omitted). “[A] parent’s basic constitutional right to the custody and rearing of his...child is converted, upon the failure to fulfill his...parental duties, to the child’s right to have proper parenting and fulfillment of [the child’s] potential in a permanent, healthy, safe environment.” Id. at 856. After a thorough review of the record, the briefs of the parties, the

### J
- S20040

- 18

- 11
-

applicable law, and the well

- reasoned opinion of the Honorable Thomas B. Sponaugle , we conclude Father’s issues merit no relief. The Orphans’ Court opinion comprehensively discusses and properly disposes of the questions presented. ( See Orphans’ Court Opinion, dated December 18, 2017, at 1
- 8 ) (finding: Father failed to complete his objectives; initial evaluation of Father showed Father lacked capacity to parent; evaluator diagnosed Fath er with host of issues including , but not limited to , parent
- child relationship problem, relationship distress with spouse, high expressed emotion level within family, and spousal violence; evaluator recommended minimum of 26 weeks’ individual counseling a s well as couples’ counseling; Father did very little towards completing his counseling; Father participated in couples’ counseling but did not “satisfy” evaluator’s recommendation; after re

- evaluation, evaluator concluded Father still lacked motivation to parent; Father failed to meet objective of obtaining and using good parenting skills; Father has not progressed beyond one hour weekly supervised visits with Children; Father did not complete objective of financial and housing stability; Father has strugg led to maintain clean home; home was disheveled and unsanitary when CYS first became involved in case and there have been only slight improvements since then; parent educator reported that home was dirty and unsafe; mental health evaluator stated Father la cks motivation to do what is necessary to have Children returned to him; Father struggle s with boundaries and disciplining Children; Father cannot resolve his significant issues within

### J
- S20040

- 18

- 12

-

reasonable time; Children are in loving and healthy foster home that is potentially permanent resource; Children have bonded with foster family; Children cannot wait indefinitely for Father to reach his goals; involuntary termination of Father’s parental rights was proper ). Accordingly, we affirm based on the Orphans’ Cou rt opinion. Decree s affirmed. Judge Kunselman joins this memorandum. Judge Ott concurs in the result. Judgment Entered.

Joseph D. Seletyn, Esq. Prothonotary

Date: 5/3/2018Circulated 04/13/2018 02:34 PM

IN THE COURT OF COMMON PLEAS OF 

### LANCASTER COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION

IN THE INTEREST OF: SUPERIOR COURT NOS.: 1795 MDA 2017 1847 MDA 2017 D.S.H., a Minor ( & 

### Docket No.: 1751-2017 B.R.H., a Minor Docket No.: 1752-2017



### APPEAL of: J.N.H., Mother, and R.A.H., Father.



### OPINION SUR 

### APPEAL Procedural History This matter was initiated on May 24, 2016 when the Lancaster County Children and Youth Social Services Agency 

### ("Agency") petitioned and 

### received physical custody 

### of D.S.H. and B.R.H. On May 26, 2016, R.A.H. ("Father") and J.N.H 

### ("Mother") waived a Shelter Care Hearing without admitting any 

### of the allegations set forth in the 

### Agency's petition for custody. An Adjudication and Disposition hearing was held on June 16, 2016, finding the children dependent. The Court approved Child Permanency Plans ("CPP") 

### containing objectives for 

### both parents. On August 10, 2017, the Agency petitioned to terminate the parental rights 

### of Father and 

### Mother to D.S.H. and B.R.H. pursuant to 23 Pa. C.S.A. §2511(a)(1), (2), (5), and (8). 

### A hearing on the 

### termination petition was held on October 19, 2017,
and completed on November 2, 2017, resulting in the Court issuing a decree involuntarily 

### terminating Mother's and 

### Father's rights to D.S.H. and B.R.H. On November 27, 2017, Father filed a Notice 

### of Appeal to the Superior Court 

### of Pennsylvania and Mother filed an appeal the following day.Factual History

The Agency accepted Father and 

### Mother for services on December 11, 2015 due to ongoing

concerns for the condition 

### of their home, hygiene 

### of their children, and the sexualized behaviors and 

### physical aggression demonstrated by D.S.H. N.T., 10/19/17 at 71. While receiving services, 

### Father and Mother continued to have 

### difficulty maintaining their home and proper sanitation. Id.
at 73-75. The Agency received ongoing reports of improper supervision 

### of the children. Id. at 72. On 

### March 4, 2017, the Agency received a report that D.S.H. completely disrobed at school in front 

### of staff and other students. Id. On March 9, 2017, an Agency caseworker made a scheduled visit
to the residence and found extremely unsanitary conditions. Id. at 73. On May 23, 2016, an unannounced visit to the residence was made and once again the 

### residence was found in 

### poor condition. Id. at 74. On May 24, 2016, the agency received a report 

### of suspected child abuse 

### regarding D.S. 

### H's highly sexualized and aggressive 

### behavior and tantrums in the school setting. Id. at 75. It 

### was also 

### reported that D.S.H had not received her 

### psychotropic medication for the past month because Mother had lost the prescription and was unable to obtain a 

### replacement prescription. Id. There have been physical altercations between Father and Mother. One 

### resulted
in Mother needing stiches in her hand. Id. at 8,9.

Issue I Whether termination 

### of Mother's and 

### Father's parental rights is legally appropriate when neither parent has completed their CPP in the eighteen months since the 

### children's placement, and the children have bonded with a potentially adoptive family? Analysis The termination 

### of parental rights is governed by 23 Pa. C.S.A. §2511. The relevant sections 

### of that statute provide as follows:a. 

### General rule. --The rights 

### of a 

### parent in 

### regard to a child may be terminated after a petition filed on any 

### of the following grounds: (1) The parent by conduct continuing for a 

### period of at least six months immediately preceding the filing 

### of the petition either has evidenced a settled purpose 

### of relinquishing parental claim to a child or has refused or failed to perform parental
duties. (2) The repeated and continued incapacity, abuse, neglect or refusal 

### of the parent has
caused the child to be without essential parental care, control or subsistence necessary for his physical or mental well-being and the conditions and causes 

### of the incapacity, abuse, neglect or refusal cannot or will not be remedied by the parent.

(5) The child has been removed from the care 

### of the parent by the court or under a voluntary agreement with an agency for a period 

### of at least six months, the conditions which led to the removal or 

### placement 

### of the child continue to exist, the parent cannot

or will not remedy those conditions within a reasonable period 

### of time, the services or assistance reasonably available to the parent are not likely to remedy the conditions which led to the removal or 

### placement 

### of the child within a reasonable period 

### of time
and termination 

### of the parental rights would best serve the needs and welfare 

### of the
child.

(8) The child has been removed from the care 

### of the parent by the court or under a voluntary agreement with an agency, 12 months or more have elapsed from the date 

### of
removal or placement, the conditions which led to the removal or 

### placement 

### of the childcontinue to exist and 

### termination 

### of parental rights would best serve the needs and welfare 

### of the child.

(b) 

### Other considerations. --The court in 

### terminating the rights 

### of a parent shall give primary consideration to the developmental, physical and emotional needs and welfare 

### of
the child. The rights 

### of a parent shall not be 

### terminated solely on the basis 

### of environmental factors such as inadequate housing, furnishings, income, clothing and medical care 

### if found

to be beyond the control 

### of the parent. With respect to any petition filed pursuant to subsection (a)(1), (6) or (8), the court shall not consider any efforts by the parent to remedy the conditions described therein which are first initiated subsequent to the giving 

### of notice 

### of the filing 

### of the petition.
23 Pa. C.S.A. §2511(a)(1), (2), (5), (8), and (b)
The party seeking the 

### termination 

### of parental rights bears the burden 

### of establishing clear
and convincing evidence to support the petition. In Re 

### C.MS., 832 A.2d 457 (Pa. Super. 2003). Clear and convincing evidence is testimony that is so "clear, direct, weighty and convincing as to enable the trier 

### of fact to come to a clear conviction, without hesitance, 

### of the truth 

### of the precise
facts in issue." In Re Adoption 

### of 

### J.MM, 782 A.2d 1024, 1030 (Pa. Super. 2001), citing In Re C.S., 761 A.2d 847, 854-855 (Pa. Super. 2000). In a termination proceeding, the focus is on the conduct 

### of the parent, and whether that conduct 

### justifies a termination 

### of parental rights. In Re 

### B.,N.M, 856 A.2d 847, 854-855 (Pa. Super. 2004). 

### Though the 

### Agency's petition asked for termination under Sections 2511(a)(1), (2), (5), and (8) only one 

### of the sections is necessary for termination. In 

### re P.Z., 113 A.3d 840, 851 (Pa. Super. 2015), citing In 

### re B.L. W., 843 A.2d 380,
384 (Pa. Super. 2004) (en banc). When assessing the 

### Agency's case for termination under 23 Pa.C.S.A. §2511(a)(1) and (8), this Court may not 

### consider efforts to remedy the problem initiated after the giving 

### of notice 

### of the filing 

### of the 

### termination petition. 23 Pa. C.S.A. §2511(b). "[This provision 

### of §2511(b)] furthers the compelling state interest 

### of providing dependent children with
permanency, as it prevents unwilling or incapable parents 

### ...from continuing to delay the adoption 

### of their children with last-minute attempts at 

### reunification." In re. Adoption 

### of C.JP., 114 A.3d
1046 (Pa. Super. 2015). The parents' parental obligation to their child is a "positive duty that requires active 

### performance." In re Z.P., 994 A.2d 1108, 1119 (Pa. Super. 2010) (quoting In re B., 

### KM, 856 A.2d 847 (Pa. Super. 2004) 

### (citation omitted). A merely passive interest in the development 

### of the child is not sufficient. Id. Despite the children being in Agency custody for eighteen months, Mother has failed to complete her 

### plan's objectives. N.T., 10/19/17 at 87. As 

### part 

### of Mother's mental health objective,
she received an evaluation and it was determined she did not have the capacity to parent at that
time. Mother was diagnosed as having a parent -child relational problem; relationship distress with
spouse or intimate partner; high expressed emotion level within the family; spouse or partner violence, physical, confirmed, initial encounter. 

### Id at 25. Mother was described by the evaluator

as having a casual relationship with the truth. 

### Id at 26. The evaluator requested that Mother complete at least twenty-six (26) individual, weekly, one hour therapy sessions, in addition to couples counseling, 

### medication management, and work 

### with a parent educator, then be reassessed
for her parenting capacity. 

### Id at 75. 

### Mother stopped attending her counseling sessions on March
16, 2017. Id. at 78. She has not completed the required 26 sessions. Id. Mother did not participate
in the type 

### of couples counseling that was 

### recommended and the counseling was occurring infrequently. N.T.,11/2/17 at 5. Despite not completing the mental health goals set out in 

### herinitial evaluation, Mother was re-evaluated to see 

### if she had gained the capacity to parent. It was concluded she 

### had not. 

### N.T., 10/19/17 at 33. Father has also failed to complete his 

### plan's objectives. He was evaluated to see 

### if he possessed the capacity to parent and it was determined he did not. Father was diagnosed as having

a parent -child relationship problem, by history; 

### relationship distress with spouse or intimate partner, by history; high expressed emotion level within the family, by history; spouse or 

### partner violence, physical, confirmed, by history; child 

### psychological abuse, suspected, by history; child neglect, confirmed, initial encounter, by history, 

### unspecified housing or economic 

### problem by history; intermittent explosive disorder, by history; and 

### unspecified depressive disorder. Id. at 18. The evaluator recommended a minimum 

### of twenty-six (26) weeks 

### of counseling and couples counseling. Father was to be re-evaluated. Id. at 14-15. 

### Father did very little towards completing the 26 weeks 

### of counseling. Id. 

### at 15-16. As stated above, Father participated in couples counseling but this recommendation was not considered satisfied. After re-evaluation, it was concluded Father still lacked the motivation to obtain 

### parenting capacity. Id. at 20-21. Mother and Father failed to complete their objectives 

### of obtaining and using good parenting skills. Mother began working with the parent educator in December 2016 and Father began working with the same evaluator in March 

### of 2017. Id. at 109,110. Neither parent has completed this program. They have a few more lessons in the curriculum and they have not started the practical portion 

### of the program because parents had not progressed beyond one hour weekly supervised visits with the children. Id. at 109, 110, 117. Neither parent has completed the objectives 

### of financial and housing stability. Despite both parents reporting that they work full-time and not having paid for housing since January 2015, and receiving financial help from a church, the parents are still financially unstable. N.T., 11/2/17at 39, 58. Mother testified that, after moving into an apartment in August 2017, they were unable
to pay for the rent beyond the first two weeks. Id. at 52-53. When evicted from that apartment, the 

### parents moved back into their foreclosed home. Id. at 5-6. Parents further showed their financial instability when they 

### requested moving the location 

### of their session with their parent educator because they did not have enough gas money to go home and then back to work later that evening. 

### N.T., 10/19/17 at 199. The parent educator questioned the parents' ability to budget and save. Id.
at 123. Mother and Father have continued to struggle in maintaining a clean home. The house was disheveled and unsanitary when the Agency got involved and there have only been slight improvements since. Id. at 83-85. When the parent educator began working with Mother it was

seven months after the children were taken into agency custody. Id. at 109. The parent educator reported that the house was dirty at that time: the kitchen table was sticky and had debris and food crumbs on it; cigarette butts were on the floor; the carpet and furniture were stained and not in good condition; bags filled with trash piled in the kitchen; and chip bags and bags 

### of old food lay around the bedroom. Id. The parent educator spent the first month helping the parents clean the house and educator continued to work on this issue with the parents. Id. at 110. Her last home visit,
the home continued to not be safe or livable. Id. at 122.

Mother and Father both had an objective to maintain commitment to their children. The mental health evaluated stated, Father seemed to lack the motivation to do what was necessary to have his children returned to him. Id. at 21. The caseworker observed during the visits, the parents struggle with maintaining boundaries and disciplining the children. Id. at 92.The best interests 

### of the children are served by remaining in foster care and being adopted. 

### They have been in care for eighteen (18) months. The Court is convinced the parents will not 

### resolve their significant issues in a reasonable amount 

### of time. The children remain in a loving and healthy home which is a potentially permanent resource. Id. at 94-95. They have bonded with 

### their foster family. Id. at 9. D.S.H. and B.R.H. cannot wait for an 

### indefinite period 

### of time for the stability and care 

### of a permanent family in the hope that their biological parents will drastically change their behavior and accomplish their goals. The Guardian 

### ad litem supports the 

### termination 

### of parental rights. 

### N.T.,11/2/17 at 66.

Conclusion Based on the above, the Agency has sustained its burden under 23 Pa.C.S.A. §2511(a) (1), (2), (5), and (8). The Court properly terminated 

### Mother's and 

### Father's parental rights to D.S.H. and B.R.H and acted in the best interests 

### of the children. The Clerk 

### of Courts is directed to transmit the 

### record to the Superior Court.


### AVem. 

## LaucTheauusli
DATED: December 18, 2017

Copies to: H. Allison Wright, Esquire Andrew E. Spade, Esquire Courtney J. Restemanyer, Esquire Cynthia L. Garman, Esquire BY THE COURT: