close relationship with their foster parents. Both sets of foster parents are advocates for these children[,] meeting their physical and their emotional needs to the point where the children have come to rely on them for love and stability.
Therefore, I find from the evidence and testimony that termination of the birth mother's and the birth [F]ather's rights best serves the needs and the welfare of [the children], and that termination of the parental rights of the birth mother and the birth [F]ather will not irreparably harm any of the children. N.T. at 117-19.
Father filed a timely notice of appeal and a concise statement of errors
complained of on appeal pursuant to Pa.R.A.P. 1925(a)(2)(i) and (b). He
raises the following issues for our review:
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1. DID THE TRIAL COURT ERR IN REFUSING TO CONTINUE THE TRIAL UNTIL AFTER THE OUTCOME OF [FATHER'S] OPEN AND RELATED CRIMINAL MATTER, WHICH WOULD THEREBY PERMIT [FATHER] TO TESTIFY WITHOUT VIOLATING HIS RIGHT TO REMAIN SILENT UNDER THE 5TH AND 14TH AMENDMENTS OF THE UNITED STATES CONSTITUTION AND ARTICLE 1, SECTION 9 OF THE PENNSYLVANIA CONSTITUTION?
2. DID THE TRIAL COURT ERR IN TERMINATING [FATHER'S] PARENTAL RIGHTS PURSUANT TO 23 PA.C.S.[] § 2511(A)(1) WHERE BIRTH FATHER (I) PARTICIPATED IN EVERY VISIT MADE AVAILABLE TO HIM PRIOR TO AN [D] DURING HIS INCARCERATION, (II) MAINTAINED CONTACT WITH OCY, AND (III) SHOWED APPROPRIATE LOVE AND CONCERN FOR HIS CHILDREN?
3. DID THE TRIAL COURT ERR IN TERMINATING [FATHER'S] PARENTAL RIGHTS PURSUANT TO 23 PA.C.S.[] § 2511(A)(2) SOLELY DUE TO HIS INCARCERATION?
4. DID THE TRIAL COURT ERR IN TERMINATING [FATHER'S] PARENTAL RIGHTS PURSUANT TO 23 PA.C.S.[] § 2511(A)(8) WHERE PETITIONER PRESENTED NO EVIDENCE THAT THE CIRCUMSTANCES LEADING TO OCY INVOLVEMENT COULD NOT OR WOULD NOT BE REMEDIED?
5. DID THE TRIAL COURT IMPROPERLY SHIFT THE BURDEN TO BIRTH FATHER WHEN TERMINATING PURSUANT TO 23 PA.C.S.[] § 2511(A)(1) AND (2)?
6. DID THE HONORABLE TRIAL COURT COMMIT ERROR BY INVOLUNTARILY TERMINATING [FATHER'S] PARENTAL RIGHTS TO THE CHILDREN WHERE THE EVIDENCE CONFIRMED THAT A STRONG AND LOVING BOND EXISTED BETWEEN BIRTH FATHER AND THE CHILDREN AND THAT THE PETITIONER WAS UNABLE TO ESTABLISH BY CLEAR AND CONVINCING EVIDENCE THAT TERMINATION WAS IN THE BEST INTERESTS OF THE CHILDREN AS CONTEMPLATED BY 23 PA.C.S.[] § 2511(B)?
7. DID THE HONORABLE TRIAL COURT ERR IN ADMITTING AND RELYING UPON HEARSAY EVIDENCE WITHIN THE CERTIFIED RECORDS OF [FATHER'S] CRIMINAL MATTERS?
Father's brief at 4.
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We begin by addressing Father's first issue relating to his request for a
continuance until after the outcome of his criminal matter. The basis for this
request was his concern that his testimony at the termination hearing would
implicate his 5th Amendment right to remain silent. Father claims that "[t]he
trial court impermissibly forced Father into a 'catch -22' of his constitutional
rights, forcing him to choose between exercising his right against self-
incrimination and his right to parent his child." Father's brief at 8. To explain
the interrelationship between Father's criminal charges