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In the Interest of: M.D., Appeal of: A.D., Father (Memorandum)
State: Pennsylvania
Court: Supreme Court
Docket No: 529 EDA 2013
Case Date: 06/27/2013
Preview:J-S37030-13

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 IN THE INTEREST OF: M.D. IN THE SUPERIOR COURT OF PENNSYLVANIA

APPEAL OF: A.D., FATHER No. 529 EDA 2013 Appeal from the Decree January 28, 2013 In the Court of Common Pleas of Philadelphia County Family Court at No(s): CP-51-AP-0000028-2013 CP-51-DP-0000496-2011 BEFORE: GANTMAN, J., MUNDY, J., and COLVILLE, J.* MEMORANDUM BY MUNDY, J.: FILED JUNE 27, 2013

Appellant, A.D. (Father), appeals from the January 28, 2013 decree involuntarily terminating his parental rights to his biological son, M.D. 1 After careful review, we affirm.2
____________________________________________ * 1 2

Retired Senior Judge assigned to the Superior Court. M.D. was born November 2008.

Two other children, E.R., born in 2004, and R.R., born in 2010, were also involved in the January 28, 2013 hearing at which M.C. (Mother), voluntarily relinquished her parental rights to all three children. N.T., 1/28/13, at 7. D.R., the father of E.R., appeals the involuntary termination of his parental rights to E.R. at docket 463 EDA 2013, a companion case to this matter. R.R. resides with his father, also named R.R., and at the January 28, 2013 hearing the trial court discharged the father R.R. from the supervision of the Department of Human (DHS) Services as he was compliant with his family service plan set in place by DHS.

J-S37030-13

The trial court has set forth the relevant facts and procedural history of this case. On February 1[6], 2011, the Department of Human Services obtained an Order of Protective Custody for [R.R.,] a sibling of M.D.[,] due to [Mother]'s present inability to provide proper medical care for [R.R.], failing to [] provide [a] safe living environment, and [based on] [Mother]'s history of mental illness and history of drug and alcohol abuse. On February 24, 2011, after a hearing, [R.R.] was adjudicated dependent and committed to the Department of Human Service[s] by Judge Alice Dubow. The [trial c]ourt specifically ordered [M]other of M.D. to be referred to the Clinical Evaluation Unit for an evaluation and a drug and alcohol screen. On April 14, 2011, after a hearing, [] M.D. was adjudicated dependent and committed to the Department of Human Service[s] ... by Judge Alice Dubow. The [trial c]ourt specifically ordered [M]other of M.D. to be referred to the Clinical Evaluation Unit for an evaluation and a drug and alcohol screen. A Family Service Plan meeting was held. The Family Service Plan objectives for [Mother and Father] were (1) comply with all drug and alcohol treatment recommendations of provider including therapy and/or mediations as prescribed[,] (2) participate in evaluation and medical treatment for children, and (3) maintain contact and communication with children. The matter was then listed on a regular basis before Judges of the Philadelphia Court of Common Pleas
Download 529-eda-2013.pdf

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