Court upholds decision in child placement case

Kagarise changed intent from reuniting family to adoption

The Pennsylvania Superior Court has upheld a decision by Blair County Judge Wade A. Kagarise, who last November, changed the goal of three children under the care of the child welfare agency from reunification with the mother to adoption.

The mother appealed the judge's ruling -- which also took away the mother's right to visit with the children, ages 4, 3 and 1 -- to the Superior Court.

In a decision Thursday the appeals court stated, "We conclude that the trial court did not abuse its discretion in changing the goal from reunification to adoption where the decision is in children's best interest."

The children were each represented by attorneys. The mother was represented by Altoona attorney Matthew R. Dombrosky.

Attorney William R. Brenner spoke for Blair County Children, Youth & Families, the agency that recommended the change in placement.

The children now reside in a foster home.

Authorities became aware of the mother's need for help during the early morning of April 27, 2021, when she made a call from outside of a Sheetz store on Plank Road stating she was homeless, that she could not get a hotel room and was concerned for the children's safety.

The initial investigation indicated that both the mother and father of the children were struggling with "housing instability and mental health issues."

Blair County CYF placed the children in the foster home in which they now reside.

The initial goal was reunification of the children with the mother, who had an on-and-off relationship with the father.

He was not a party in the appeal to the Superior Court.

Goals were established for the mother to be reunified with her children.

Both Kagarise and the Superior Court noted the strong bond between mother and her children.

But to obtain reunification, CYF developed a plan under which the mother was to have stable housing, undergo a psychological evaluation, receive mental health counseling and follow through with recommended treatment options.

Meanwhile, the Blair County judge presided over five hearings involving the mother's quest to reunify with her children.

In late 2022, the judge determined that neither parent was making substantial progress toward accomplishing their objectives.

He found the mother was only "minimally compliant" with her permanency plan.

After hearing testimony from child welfare authorities, Kagarise concluded, "There appears to be no significant progress toward either parent addressing their mental health needs."

The mother, it was noted, often lost her temper during visits with the children.

She was accused of assaulting a security officer at a medical facility and made "not credible" claims that a caseworker was stalking her.

The Superior Court opinion issued by Judges Anne E. Lazarus, Judith F. Olson and Megan King also reported the mother had to be escorted from the Blair County Courthouse after an outburst.

In its 10-page opinion, the appeals court stated, "Mother still suffers from anger issues, mental health issues and is unable to adequately address (the) children's needs in an appropriate manner during visits."

The appeals court therefore upheld the Blair judge's ruling suspending the mother's visits with her children.