J-S52043-14

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 

_____________________________ 

*Former Justice specially assigned to the Superior Court.

IN RE: N.N.R. : IN THE SUPERIOR COURT OF 

 : PENNSYLVANIA 

 : 

 : 

APPEAL OF: H.R., MOTHER : No. 1210 EDA 2014 

Appeal from the Decree April 7, 2014 

In the Court of Common Pleas of Bucks County 

Orphans’ Court at No(s): 2013-9081-37

IN RE: N.W.R. : IN THE SUPERIOR COURT OF 

 : PENNSYLVANIA 

 : 

 : 

APPEAL OF: H.R., MOTHER : No. 1211 EDA 2014 

Appeal from the Decree April 7, 2014 

In the Court of Common Pleas of Bucks County 

Orphans’ Court at No(s): 2013-9082-37

BEFORE: GANTMAN, P.J., ALLEN, J., AND FITZGERALD, J.* 

MEMORANDUM BY GANTMAN, P.J.: FILED AUGUST 20, 2014 

Appellant, H.R. (“Mother”), appeals from the decree entered in the 

Bucks County Court of Common Pleas, which involuntarily terminated her 

parental rights to her minor children, N.N.R. and N.W.R. (“Children”). We 

affirm and grant counsel’s petition to withdraw. 

 In its opinion, the trial court fully and correctly set forth the relevant 

facts and procedural history of this case. Therefore, we have no reason to 

restate them. 
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 As a preliminary matter, appellate counsel seeks to withdraw her 

representation pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 

1396, 18 L.Ed.2d 493 (1967) and Commonwealth v. Santiago, 602 Pa. 

159, 978 A.2d 349 (2009). Anders and Santiago require counsel to: 1) 

petition the Court for leave to withdraw, certifying that after a thorough 

review of the record, counsel has concluded the issues to be raised are 

wholly frivolous; 2) file a brief referring to anything in the record that might 

arguably support the appeal; and 3) furnish a copy of the brief to the 

appellant and advise him of his right to obtain new counsel or file a pro se 

brief to raise any additional points the appellant deems worthy of review. 

Santiago, supra at 173-79, 978 A.2d at 358-61. Substantial compliance 

with these requirements is sufficient. Commonwealth v. Wrecks, 934 

A.2d 1287, 1290 (Pa.Super. 2007). “After establishing that the antecedent 

requirements have been met, this Court must then make an independent 

evaluation of the record to determine whether the appeal is, in fact, wholly 

frivolous.” Commonwealth v. Palm, 903 A.2d 1244, 1246 (Pa.Super. 

2006) (quoting Commonwealth v. Townsend, 693 A.2d 980, 982 

(Pa.Super. 1997)). 

 In Santiago, supra, our Supreme Court addressed the briefing 

requirements where court-appointed appellate counsel seeks to withdraw 

representation: 
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Neither Anders nor McClendon[1] requires that counsel’s 

brief provide an argument of any sort, let alone the type of 

argument that counsel develops in a merits brief. To 

repeat, what the brief must provide under Anders are 

references to anything in the record that might arguably 

support the appeal. 

* * * 

Under Anders, the right to counsel is vindicated by 

counsel’s examination and assessment of the record and 

counsel’s references to anything in the record that 

arguably supports the appeal. 

Santiago, supra at 176, 177, 978 A.2d at 359, 360. Thus, the Court held: 

[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. 

Id. at 178-79, 978 A.2d at 361. 

 Instantly, counsel filed a petition to withdraw. The petition states 

counsel thoroughly reviewed the record and determined the appeal is wholly 

frivolous. Counsel notified Mother of counsel’s request to withdraw. Counsel 

also supplied Mother with a copy of the brief and a letter explaining Mother’s 

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

points that Mother deems worthy of this Court’s attention. (See Letter to 

 

1 Commonwealth v. McClendon, 495 Pa. 467, 434 A.2d 1185 (1981). 
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Mother, dated June 13, 2014, attached to Petition for Leave to Withdraw as 

Counsel.) In the Anders brief, counsel provides a summary of the facts and 

procedural history of the case. Counsel’s argument refers to relevant law 

that might arguably support Mother’s hearsay issue raised on appeal. 

Counsel further states the reasons for his conclusion that the appeal is 

wholly frivolous. Therefore, counsel has substantially complied with the 

requirements of Anders and Santiago. 

 As Mother has filed neither a pro se brief nor a brief with privately 

retained counsel, we review this appeal based on the issues raised in the 

Anders brief: 

SHOULD [MOTHER’S] COUNSEL BE PERMITTED TO 

WITHDRAW HIS APPEARANCE BECAUSE THE APPEAL IS 

WHOLLY FRIVOLOUS? 

WAS [MOTHER] UNFAIRLY PREJUDICED BY THE 

ADMISSION, OVER OBJECTION, OF HEARSAY TESTIMONY 

ABOUT HER EFFORTS TO OBTAIN TREATMENT AND 

HOUSING? 

(Anders Brief at 3). 

 After a thorough review of the record, the briefs of the parties, the 

applicable law, and the well-reasoned opinion of the Honorable James M. 

McMaster, we conclude Mother’s hearsay issue merits no relief. The trial 

court opinion comprehensively discusses and properly disposes of the 

hearsay question presented. (See Trial Court Opinion, filed May 2, 2014, at 

10-13) (finding: (2) Mother has history of substance abuse, mental health 

problems, and criminal behavior that caused repeated incarcerations; Mother 
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has not demonstrated ability to live life independent of illegal substances; 

Mother failed to meet permanency goals for reunification with Children such 

as getting sober, staying out of jail, and obtaining housing; Mother’s past 

and recent history demonstrates inability to provide for Children’s basic 

needs, including physical safety; at time of evidentiary hearing, Children had 

been in care of Children and Youth Social Service Agency (“Agency”) for 

approximately thirty-nine months; during this time, Mother entered four (4) 

treatment programs but completed only one program and continued to 

abuse substances; Mother has not demonstrated ability to refrain from drug 

use to permit trial court to find credible her testimony that she is now sober 

and will remain that way; Children have bonded to foster parents, who are 

their paternal aunt and her boyfriend; representative of Agency testified 

Children look to foster parents as their own parents, and go to foster parents 

for their needs; Children also turn to foster parents for love and comfort; 

N.N.R. expressed wish to stay with foster parents; once placed with foster 

parents, N.W.R. became more active and all developmental problems 

disappeared; foster parents provide Children with stable home life that 

Children need to thrive; Children are not exposed to drug use with foster 

parents; decision to terminate Mother’s parental rights best serves Children’s 

needs and welfare, and does not sever existing beneficial relationship or 

result in irreparable harm to Children; Agency met its burden under 23 

Pa.C.S.A. §§ 2511(a)(2), (5), (8), and (b)). The record supports the trial 
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court’s decision; therefore, we see no reason to disturb it. Accordingly, we 

affirm on the basis of the trial court’s opinion and grant counsel’s petition to 

withdraw. 

Decree affirmed; counsel’s petition to withdraw is granted. 

Judgment Entered. 

Joseph D. Seletyn, Esq. 

Prothonotary 

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