J-S42001-23

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

IN THE INTEREST OF: S.P., A MINOR

APPEAL OF: M.D.B., FATHER

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 1648 EDA 2023

Appeal from the Order Entered May 30, 2023

In the Court of Common Pleas of Philadelphia County Juvenile Division at 

No(s): CP-51-DP-0001349-2019

IN THE INTEREST OF: S.Y.P., A 

MINOR

APPEAL OF: M.D.B., FATHER

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 1650 EDA 2023

Appeal from the Decree Entered May 30, 2023

In the Court of Common Pleas of Philadelphia County Juvenile Division at 

No(s): CP-51-AP-0000098-2023

BEFORE: BOWES, J., STABILE, J., and DUBOW, J.

MEMORANDUM BY BOWES, J.: FILED DECEMBER 19, 2023

M.D.B. (“Father)” appeals from the decree entered on May 30, 2023, 

involuntarily terminating his parental rights as to S.Y.P., born in August 2019, 

as well as the order entered on the same date changing S.Y.P.’s permanent
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placement goal to adoption.

1

 Father’s counsel, Daniel S. Kurland, Esquire, 

has filed an application to withdraw and a brief pursuant to Anders v.

California, 386 U.S. 738 (1967), and Commonwealth v. Santiago, 978 

A.2d 349 (Pa. 2009). We affirm the decree terminating Father’s parental 

rights and the order granting the permanency goal change, and we grant 

counsel’s application to withdraw.

We glean the following facts from the certified record. The Philadelphia 

Department of Humans Services (“DHS”) first became involved with S.Y.P. on 

August 13, 2019, when it learned that Mother had given birth to S.Y.P. Before 

then, Mother had substantial involvement with DHS due to her unstable 

housing and mental health problems. Of immediate relevance, approximately 

two months before S.Y.P. was born, another of Mother’s children, I.J.H., was 

placed under the care of a pre-adoptive foster parent, C.B.

2

 Based on Mother’s 

continued issues, as well as DHS’s inability to locate Father, DHS obtained an 

order of protective custody for S.Y.P. two days after learning of her birth. 

S.Y.P. was placed with C.B. and has been living with her since S.Y.P. was 

discharged from the hospital at two days old.

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1

In a different decree entered the same day, the orphans’ court also 

terminated the parental rights of S.Y.P.’s mother, A.P. (“Mother”). We address 

Mother’s appeal in a separate writing.

2 C.B. also previously adopted two of Mother’s other children after a court 

involuntarily terminated Mother’s parental rights. See N.T. Hearing, 5/30/23, 

at 44. 
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Every five to six months thereafter, Mother met with representatives 

from Philadelphia’s Community Umbrella Agency (“CUA”) to discuss single 

case plan (“SCP”) objectives. Father did not attend any meetings, as his 

whereabouts were unknown. As a result, Father did not have any established 

SCP objectives and CUA did not authorize him visitation as to S.Y.P. The goal 

was initially for reunification between Mother and the two children. 

On March 14, 2023, DHS filed petitions seeking to change S.Y.P.’s

permanency goals to adoption by C.B., as well as termination of the parental 

rights of both Father and Mother.

3

 The court held a hearing as to both matters 

on May 30, 2023, where it heard from Corthea Howell, a CUA case manager. 

Mother also testified after being called by Emily Cherniak, Esquire, the courtappointed counsel and guardian ad litem (“GAL”) for both S.Y.P. and I.J.H.4

For reasons that are not apparent in the record, Father did not appear at the 

hearing, though he was represented by counsel. 

Ms. Howell testified as to the conditions triggering the need to place 

both children, as well as the lack of any relationship between Father and S.Y.P. 

It was noted that Father was not listed on S.Y.P.’s birth certificate. See N.T. 

Hearing, 5/30/23, at 26. Ms. Howell did not personally observe any 

interactions between Father and S.Y.P. Id. at 33. However, I.J.H. had 

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3 The same day, DHS filed nearly identical petitions with regard to I.J.H.

4 The GAL evinced testimony showing that there was no conflict between 

S.Y.P.’s legal interest and best interests, since three-year-old S.Y.P. was too 

young to express her wishes. See N.T. Hearing, 5/30/23, at 45-46.
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reported that Father was present without permission during at least one visit 

between Mother and both children, which made I.J.H. uncomfortable. Id. at 

17. Father eventually reached out to an aide of Ms. Howell in March 2023, 

slightly more than three and one-half years after S.Y.P. was placed with the 

pre-adoptive resource parent and around the same time the termination 

petitions were filed. Id. at 24. Ms. Howell offered to meet with Father that 

month to discuss setting up a schedule for supervised visitation, but Father 

never reestablished contact with CUA. Id. He likewise did not submit to a 

paternity test ordered by the trial court during a permanency hearing in March 

2023. Id. at 25. 

In addition, Ms. Powell attested to the relationship between S.Y.P. and 

C.B., the pre-adoptive foster parent. S.Y.P. had been under C.B.’s care nearly 

her entire life and referred to the residence she lives in as “home.” Id. at 34-

35. C.B. continued to meet S.Y.P.’s basic needs. Id. S.Y.P. called the 

resource parent “mom,” and shared her primary parental bond with her. Id. 

at 35-36. Ms. Powell believed that it was in the best interest of S.Y.P. for the 

court to terminate the parental rights of both Mother and Father, and to free 

both S.Y.P. and I.J.H. for adoption. Id. at 36. After Ms. Powell’s testimony, 

the GAL advanced the same position. 

At the conclusion of the hearing, the trial court articulated that it was 

granting DHS’s petition for the permanency goal change as to both children

and terminating Father’s and Mother’s parental rights pursuant to 23 Pa.C.S. 

§ 2511(a)(1), (2), (5), and (8), as well as § 2511(b). It also issued a decree 
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concerning termination and entered an order as to the goal change at each of 

the respective dockets the same day. Father filed timely notices of appeal, 

and both he and the trial court complied with Pa.R.A.P. 1925.

5

 We 

consolidated the matters sua sponte.

On appeal, Father’s counsel filed both an Anders brief and a petition to 

withdraw as counsel, which we must first consider before addressing the 

underlying merits. See In re V.E., 611 A.2d 1267, 1275 (Pa.Super. 1992) 

(extending the Anders procedure to appeals from involuntary termination 

decrees); In re Adoption of B.G.S., 240 A.3d 658, 661 (Pa.Super. 2020) 

(“When faced with a purported Anders brief, this Court may not review the 

merits of the underlying issues without first passing on the request to 

withdraw.”) (cleaned up). 

The following legal principles guide our review: 

Direct appeal counsel seeking to withdraw under Anders

must file a petition averring that, after a conscientious 

examination of the record, counsel finds the appeal to be wholly 

frivolous. Counsel must also file an Anders brief setting forth 

issues that might arguably support the appeal along with any 

other issues necessary for the effective appellate presentation 

thereof.

Anders counsel must also provide a copy of the Anders

petition and brief to the appellant, advising the appellant of the 

right to retain new counsel, proceed pro se or raise any additional 

points worthy of this Court’s attention.

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5 The trial court entered a notice of compliance with Rule 1925(a), referring 

us to relevant portions of the transcript from the termination hearing, wherein 

the court stated on the record its reasoning for its findings.
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If counsel does not fulfill the aforesaid technical 

requirements of Anders, this Court will deny the petition to 

withdraw and remand the case with appropriate instructions (e.g., 

directing counsel either to comply with Anders or file an 

advocate’s brief on Appellant’s behalf). By contrast, if counsel’s 

petition and brief satisfy Anders, we will then undertake our own 

review of the appeal to determine if it is wholly frivolous. If the 

appeal is frivolous, we will grant the withdrawal petition and affirm 

the judgment of sentence. However, if there are non-frivolous 

issues, we will deny the petition and remand for the filing of an 

advocate’s brief.

Commonwealth v. Cook, 175 A.3d 345, 348 (Pa.Super. 2017) (cleaned up). 

Our High Court further delineated counsel’s duties as follows:

[I]n the Anders brief that accompanies court-appointed counsel’s 

petition to withdraw, counsel must: (1) provide a summary of the 

procedural history and facts, with citations to the record; (2) refer 

to anything in the record that counsel believes arguably supports 

the appeal; (3) set forth counsel’s conclusion that the appeal is 

frivolous; and (4) state counsel’s reasons for concluding that the 

appeal is frivolous. Counsel should articulate the relevant facts of 

record, controlling case law, and/or statutes on point that have 

led to the conclusion that the appeal is frivolous.

Santiago, supra at 361.

Based upon our examination of counsel’s petition to withdraw and 

Anders brief, we conclude that counsel has complied with the technical 

requirements set forth above.6 As required by Santiago, counsel presented

a history of the case, referred to issues that arguably support the appeal, 

stated his conclusion that the appeal is frivolous, and cited case law. See

Anders brief at 8-21. We must therefore “‘make a full examination of the 

proceedings and make an independent judgment to decide whether the appeal 

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6 Father did not file a response to counsel’s petition. 
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is in fact wholly frivolous.” Commonwealth v. Flowers, 113 A.3d 1246, 

1249 (Pa.Super. 2015) (quoting Santiago, supra at 354 n.5).

The Anders brief identifies the following claims:

1. Whether the trial court committed reversible error, when it 

involuntarily terminated Father’s parental rights where such 

determination was not supported by clear and convincing evidence 

under the Adoption Act, 23 Pa.C.S. § 2511(a)(1), (2), (5), and 

(8).

2. Whether the trial court committed reversible error, when it 

involuntarily terminated Father’s parental rights without giving 

primary consideration to the effect that the termination would 

have on the developmental, physical, and emotional needs of the 

child as required by the Adoption Act, 23 Pa.C.S. § 2511(b).

3. Whether the trial court erred because the evidence was 

overwhelming and undisputed that Father demonstrated a 

genuine interest and sincere, persistent, and unrelenting effort to 

maintain a parent-child relationship with his child.

Anders brief at 7 (cleaned up).7 

We begin with the applicable standard of review.

In cases concerning the involuntary termination of parental rights, 

appellate review is limited to a determination of whether the 

decree of the termination court is supported by competent 

evidence. This standard of review corresponds to the standard 

employed in dependency cases, and requires appellate courts to 

accept the findings of fact and credibility determinations of the 

trial court if they are supported by the record, but it does not 

require the appellate court to accept the lower court’s inferences 

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7 We note with displeasure that while the Anders brief lists three issues on 

appeal, it contains only a single argument section addressing them all, in 

violation of Pa.R.A.P. 2119(a) (“The argument shall be divided into as many 

parts as there are questions to be argued; and shall have at the head of each 

part—in distinctive type or in type distinctively displayed—the particular point 

treated therein”). Counsel is cautioned to abide by the Rules of Appellate 

Procedure in the future.
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or conclusions of law. That is, if the factual findings are supported, 

we must determine whether the trial court made an error of law 

or abused its discretion. An abuse of discretion does not result 

merely because the reviewing court might have reached a 

different conclusion; we reverse for an abuse of discretion only 

upon demonstration of manifest unreasonableness, partiality, 

prejudice, bias, or ill will. Thus, absent an abuse of discretion, an 

error of law, or insufficient evidentiary support for the trial court’s 

decision, the decree must stand. We have previously emphasized 

our deference to trial courts that often have first-hand 

observations of the parties spanning multiple hearings. However, 

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 Adoption of C.M., 255 A.3d 343, 358–59 (Pa. 2021) (cleaned up). We 

note that the 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 M.G. & J.G., 855 A.2d 68, 73-74 

(Pa.Super. 2004) (citation omitted). Further, “if competent evidence supports 

the trial court’s findings, we will affirm even if the record could also support 

the opposite result.” In re Adoption of T.B.B., 835 A.2d 387, 394 (Pa.Super. 

2003) (citation omitted). 

Before terminating parental rights, our case law mandates that the court 

engage in a bifurcated process. In re C.L.G., 956 A.2d 999, 1004 (Pa.Super. 

2008) (citations omitted). More particularly, 

the focus is [initially] 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 [§] 2511(a). Only after determining that 

the parent’s conduct warrants termination of his or her parental 

rights must the court engage in the second part of the analysis: 

determination of the needs and welfare of the child under the 

standard of best interests of the child. 
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Id. (citations omitted). The bases for termination must be proven by clear 

and convincing evidence, or evidence “that is so clear, direct, weighty, and 

convincing as to enable a trier of fact to come to a clear conviction, without 

hesitance, of the truth of the precise facts in issue.” Int. of M.E., 283 A.3d 

820, 831 (Pa.Super. 2022) (citation omitted). 

The first issue arguably supporting an appeal concerns whether DHS 

met its burden of proving any one of the subsections of § 2511(a). We note 

that we “need only agree with [the trial court’s] decision as to any one 

subsection in order to affirm the termination of parental rights.” In re 

B.L.W., 843 A.2d 380, 384 (Pa.Super. 2004) (en banc). We focus our 

discussion on § 2511(a)(1), which provides 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.

23 Pa.C.S. § 2511(a). As to this subsection, our High Court further elucidated: 

Parental duties are not defined in the Adoption Act, but our courts 

long have interpreted parental duties in relation to the needs of a 

child, such as love, protection, guidance and support. Parental 

duties are carried out through affirmative actions that develop and 

maintain the parent-child relationship. The roster of such positive 

actions undoubtedly includes communication and association. 

In re Adoption of L.A.K., 265 A.3d 580, 592 (Pa. 2021) (cleaned up).
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In finding that DHS proved § 2511(a)(1), the trial court stated: 

[Father] in the six months preceding the filing of the petition ha[d] 

relinquished any parental claim and had failed to perform any 

parental duties. There was no indication that [Father] ha[d] 

availed himself or engaged in any case management plan to allow 

him to be a considered reunification resource in the six months 

preceding the filing of the petition. He failed to show up for 

paternity testing. He did not avail himself for visits, even though 

he was advised he could have visits with [S.Y.P].

N.T. Hearing, 5/30/23, 85-86. 

Consistent with his obligations in accordance with Santiago, Attorney 

Kurland presented this Court with arguments that might support a challenge 

regarding § 2511(a). In so doing, he referenced the trial court’s rationale 

above and offered his similar conclusion that this issue lacked merit because 

Father “did not avail himself to services for the entire life of the case and has 

not demonstrated an interest in being a parent.” Anders brief at 17-18. 

Upon review, we determine that the court did not abuse its discretion in

finding that DHS proved § 2511(a)(1) by clear and convincing evidence. The 

testimony from the hearing made it clear that Father did not make himself 

known to DHS until March 2023, over three and one-half years after S.Y.P. 

was placed with C.B. During that period, CUA had no knowledge as to his 

whereabouts. Even after Father made contact, he nonetheless failed to 

comply with a court order for paternity testing, contact any representative of 

DHS to establish a visitation schedule, or participate in any authorized 

supervised visits with S.Y.P. There was no evidence that Father ever provided 

for any educational, medical, or other needs for S.Y.P. at any point in her life. 
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Quite tellingly, Father did not appear for the goal change and termination 

hearing. In short, there was no evidence that he engaged in any 

“communication and association” necessary to “develop and maintain the 

parent-child relationship.” In re Adoption of L.A.K., supra at 592.

As Father refused to perform parental duties for far longer than the six 

months immediately preceding the filing of the termination petition, we agree 

with counsel’s assessment that this aspect of Father’s appeal is frivolous.

The next issue in the Anders brief arguably supporting an appeal is a 

challenge to whether DHS sufficiently established that the termination of 

Father’s parental rights satisfied § 2511(b). In whole, that provision provides 

as follows: 

(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. § 2511. 

Our Supreme Court has recently framed the analysis of this provision 

thusly:

[C]ourts should consider the matter from the child’s perspective, 

placing her developmental, physical, and emotional needs and 

welfare above concerns for the parent. 
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Accordingly, the determination of the child’s particular 

developmental, physical, and emotional needs and welfare must 

be made on a case-by-case basis. We have observed the law 

regarding termination of parental rights should not be applied 

mechanically but instead always with an eye to the best interests 

and the needs and welfare of the particular children involved. 

Thus, the court must determine each child’s specific needs.

Moreover, the child’s emotional needs and welfare include 

intangibles such as love, comfort, security, and stability. As 

further guidance, we have identified factors, i.e., specific needs 

and aspects of the child’s welfare, that trial courts must always 

consider. The court must consider whether the children are in a 

pre-adoptive home and whether they have a bond with their foster 

parents. And, if the child has any bond with the biological parent, 

the court must conduct an analysis of that bond, which is not 

always an easy task.

Int. of K.T., supra at 1105–06 (cleaned up). 

We have noted that “the extent of the bond-effect analysis necessarily 

depends on the circumstances of the particular case.” In re Adoption of 

J.M., 991 A.2d 321, 324 (Pa.Super. 2010) (cleaned up). If there is a bond, 

“the trial court must examine whether termination of parental rights will 

destroy a ‘necessary and beneficial relationship[.]’” Int. of M.E., supra at 

837 (citation omitted). Additionally, while termination of parental rights has 

“heavy and irrevocable consequences,” it is “intended to prevent children from 

growing up in an indefinite state of limbo, without parents capable of caring 

for them, and at the same time unavailable for adoption by loving and willing 

foster families.” Int. of K.T., supra at 1111 (cleaned up).

As to this subsection, the trial court succinctly concluded at the 

termination hearing that “[Father] has had no relationship with [S.Y.P.] for 

the duration of this case. She clearly does not look to him for any parent[-
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]child needs.” N.T. Hearing, 5/30/23, at 91. In the same vein, counsel 

indicated in the Anders brief that “there was no evidence to support a parentchild bond existed between Father and child.” Anders brief at 18 

(unnecessary capitalization omitted). 

After consideration, we find no error with the court’s conclusion that 

§ 2511(b) was satisfied. For Father’s argument to prevail, he was required to 

demonstrate not only the existence of a bond between him and S.Y.P., but a 

necessary and beneficial relationship. The credible testimony from Ms. Powell 

established that Father had not met any of the child’s parental needs, and in 

fact had not even taken the initial steps to arrange for visitation. Since the 

court’s determination that there was no relationship between Father and 

S.Y.P. is supported by the record evidence, we will not disturb it. It follows, 

then, that S.Y.P. would not suffer any “extreme emotional consequences” by 

the court severing the nonexistent connection between her and Father. Int. 

of M.E., supra at 837. 

Moreover, termination of Father’s parental rights is proper due to the 

clear bond that has developed between S.Y.P. and C.B., the pre-adoptive 

foster parent. C.B. has attended to all the educational, medical, and special 

needs of S.Y.P. The child refers to C.B. as “mom.” C.B. has also already 

adopted several of S.Y.P.’s siblings, and is likewise seeking to adopt I.J.H.,

which will allow these children to partially remain an intact family. 

Accordingly, there was overwhelming evidentiary support for the 
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determination that should S.Y.P. be removed from foster placement, it will 

cause her substantial harm. 

Therefore, the trial court did not abuse its discretion in finding that DHS 

proved § 2511(b) by clear and convincing evidence.

The final potential issue on appeal contends that the trial court erred

because Father “demonstrated a genuine interest and sincere, persistent, and 

unrelenting effort to maintain a parent-child relationship with his child.” 

Anders brief at 11. We interpret this claim to support a challenge to S.Y.P.’s

permanency goal change from reunification to adoption.

“With regard to a change of goal proceeding, the best interests of the 

child, and not the interests of the parent, must guide the trial court[.]” 

Interest of T.M.W., 232 A.3d 937, 944 (Pa.Super. 2020) (citation omitted). 

Our standard for reviewing this type of order is abuse of discretion. Id. 

On this matter, the trial court elucidated as follows with regard to the 

goal change for S.Y.P. and her sibling, I.J.H.:

I do find that [DHS] has presented sufficient testimony and 

evidence for this court to conclude that adoption would be the best 

goal for these children. These children have been in a loving home

. . . with a resource parent who’s been caring for them as a parent 

cares for a child. And they’re in a home most notably with another 

biological sibling, and I find it would be in their best interest to 

free them for adoption and change the goal for adoption at this 

time.

N.T. Hearing, 5/30/23, at 91 (cleaned up). Counsel likewise contended that 

“[t]he consistent history of Father’s refusal to fully accept services 

demonstrated clearly and convincingly that a goal change to adoption in a 
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loving and tolerant family setting would be the disposition best suited to the 

safety, protection, and physical, mental and moral welfare of the child.” 

Anders brief at 13-14.

As we have already discussed above, the evidence abundantly

highlighted that S.Y.P.’s best interest would be served via adoption by C.B. 

We readily conclude then that the trial court did not abuse its discretion in 

changing S.Y.P.’s goal from reunification to adoption for the same reasons 

stated in our analysis as to § 2511(b). This challenge is therefore without 

merit.

Having addressed the arguable issues raised in the Anders brief, we 

lastly determine that our “simple review of the record to ascertain if there 

appear[s] on its face to be arguably meritorious issues that counsel, 

intentionally or not, missed or misstated[,]” has revealed no additional issues 

that counsel failed to address. Commonwealth v. Dempster, 187 A.3d 266, 

272 (Pa.Super. 2018) (en banc). Therefore, we affirm the decree terminating 

Father’s parental rights and the order changing S.Y.P.’s permanency goal from 

reunification to adoption, and we grant counsel’s petition to withdraw.

Application of Daniel S. Kurland, Esquire, to withdraw as counsel is 

granted. Decree affirmed. Order affirmed. 

Judge Dubow did not participate in the consideration or decision of this 

case.
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Date: 12/19/2023