In Re: A.B. & C.B., Minors Appeal of: J.B.
In Re: A.B. & C.B., Minors Appeal of: J.B. No. 1435 MDA 2016
| Pa. Super. Ct. | Jun 13, 2017Background
- Child dependency established in 2013; custody placed in protection in 2014; children placed together in foster care in 2014.
- Mother's history of unsafe conduct and noncompliance with services; concerns about drug use and mental health; minimal progress despite services.
- Father’s passive parental role; repeatedly placed children with Mother; admitted awareness of Mother's conduct but continued to rely on her care.
- Expert testimony showed Father’s potential attachment but lack of consistent, protective parenting; concerns about safety if restored.
- Orphans’ Court terminated Father’s rights under multiple subsections; appellate court vacates and remands for bond/needs analysis under section 2511(b).
- Appeal challenged 2511(a)(1), (a)(2), (a)(5), (a)(8); remand instructed to assess best interests with bond analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 2511(a)(1) proven by clear and convincing evidence | Father showed settled relinquishment or failure to perform duties | Mother’s conduct driven by her issues; Father failed but duties lacking | Remanded; vacatur of termination for 2511(a)(1) analysis review |
| Whether termination is in the child’s best interests under 2511(b) considering bonds | Father fully attached; bond supports continued relationship | Children placed in safe, stable foster environment; bond cannot override welfare | Remanded; require evidence on effect of termination on children; analyze best interests |
| Whether the trial court adequately weighed the child’s needs and welfare under 2511(b) and bond considerations | Need to protect child welfare and stability over parental bond | Parental bond and stability argue against severing ties | Remanded for comprehensive best-interests analysis |
Key Cases Cited
- In re Z.S.W., 946 A.2d 726 (Pa. Super. 2008) (requires evaluation of whether parent’s conduct shows relinquishment or failure to perform duties)
- In re B.L.W., 843 A.2d 380 (Pa. Super. 2004) (en banc standard for affirming termination under 2511(a))
- In re Adoption of S.P., 47 A.3d 817 (Pa. (2012)) (clarifies clear and convincing standard and 2511 application)
- In re E.M., 908 A.2d 297 (Pa. Super. 2006) (discusses comprehensive view of history for 2511(a) analysis)
- In re K.M., 53 A.3d 781 (Pa. Super. 2012) (best interests considerations include emotional needs; bond factors)
- In re J.W., 578 A.2d 952 (Pa. Super. Ct. 1990) (bond termination when bond is not supported by substance of parental care)
- In re Adoption of L.B.M., A.3d (Pa. 2017) (appointment of counsel on remand; relevance to child representation)