In Re: Adopt. of: I.G.B., a Minor
1517 MDA 2024
Pa. Super. Ct.Mar 11, 2025Background
- York County Orphans’ Court terminated the parental rights of A.R.A. (Mother) to her children, K.B.B. (born 2020) and I.G.B. (born 2021), following a history of parental substance abuse and the fatality of a sibling.
- Children were removed in December 2022 due to concerns over parental incapacity and placed in foster care, remaining dependent throughout the proceedings.
- Mother pleaded guilty to child endangerment and was sentenced to probation; Father was incarcerated for five to ten years on similar charges.
- Dependency jurisdiction was transferred from Adams to York County in 2023, with aggravated circumstances found, but the Agency continued reasonable efforts at reunification.
- Despite moderate compliance and some progress by early 2024, the court found Mother’s advancements occurred primarily after the termination petition was filed, and lingering concerns regarding her emotional regulation, independence, and safety persisted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination was proper under § 2511(a)(2) | Mother made substantial progress, reunification was imminent | Progress was too little, too late; emotional instability persists | Termination affirmed; incapacity not remedied |
| Whether termination served the Children's needs under § 2511(b) | Children share a strong, beneficial bond with Mother | Foster parents are primary bond; children need permanence | Termination affirmed; children’s need for stability paramount |
| Whether services were sufficient | Mother cooperated; achieved goals (housing, employment, services) | Provided all possible services; compliance ≠ sufficient progress | Court found services adequate; compliance insufficient |
| Impact of judicial reassignment/suspension on outcome | Judge Stambaugh's later suspension tainted proceedings | No evidence of influence on termination decision | Claim rejected; no connection to outcome |
Key Cases Cited
- In re Adoption of K.M.G., 240 A.3d 1218 (Pa. 2020) (requires orphans’ courts to ensure children have counsel for their legal interests in contested terminations)
- In re B.L.W., 843 A.2d 380 (Pa. Super. 2004) (affirming termination if one statutory ground and § 2511(b) are met)
- In re Z.P., 994 A.2d 1108 (Pa. Super. 2010) (parental incapacity under § 2511(a)(2) includes inability to remedy conditions)
- In re Adoption of R.J.S., 901 A.2d 502 (Pa. Super. 2006) (a child’s need for permanence cannot be indefinitely delayed by parental progress)