Adoption of: A.T.R., Appeal of: A.R., 1163 WDA 2024

A.R. (Mother) appealed from an August 2024 decree involuntarily terminating her parental rights to her son, A.T.R., age 10, in Erie County, PA.
The Erie County Office of Children and Youth (OCY) had been involved with Mother since 2010 due to concerns about substance abuse, physical abuse, and neglect.
The child was first removed from Mother's care at birth due to marijuana in his system, and again in 2023 after further substance abuse and parenting failures.
Mother failed to comply meaningfully with reunification services ordered by the court, including substance abuse, mental health, and anger management treatments; she denied having substance abuse issues despite positive test results.
Mother attended only a small fraction of supervised visits, several while under the influence, and demonstrated a lack of progress in treatment.
The child has been placed with a kinship foster parent (Mother’s cousin) and expressed a strong desire to be adopted, with evidence showing he was doing well in the new environment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of Evidence for Termination under §2511(a)(2)	Mother argued there was insufficient evidence showing her incapacity, neglect, or refusal was unremedied and could not be remedied.	OCY (Agency) argued Mother's long history of substance abuse, denied issues, lack of treatment progress, and failures in visitation/support showed her incapacity could not be remedied.	Affirmed: The record supported termination; Mother’s issues persisted over years despite services and interventions.
Best Interests of the Child under §2511(b)	Mother contended termination was not in the child’s best interest, citing conflicting evidence on child’s wishes.	OCY (Agency) and caseworker argued the child was bonded with the kinship parent, wanted to be adopted, and would not suffer emotional harm from termination.	Affirmed: Termination served the child’s needs and best interest; bond with Mother was not strong or beneficial.

In re Adoption of K.M.G., 240 A.3d 1218 (Pa. 2020) (regarding requirements for legal counsel and guardian ad litem in termination cases)
In re T.S., 192 A.3d 1080 (Pa. 2017) (distinguishing legal from best interests representation for children)
In re T.S.M., 71 A.3d 251 (Pa. 2013) (framework for §2511(b) analysis and focus on child’s welfare)
In re B.L.W., 843 A.2d 380 (Pa. Super. 2004) (court may affirm on any one statutory ground for termination)
In re Adoption of A.H., 247 A.3d 439 (Pa. Super. 2021) (Section 2511(a)(2) requirements)
In re Z.P., 994 A.2d 1108 (Pa. Super. 2010) (parental incapacity that cannot be remedied under §2511(a)(2))
Interest of M.E., 283 A.3d 820 (Pa. Super. 2022) (standard of review for involuntary termination of parental rights)