In Re: Adoption of: J.M.W., a Minor
2855 EDA 2017
| Pa. Super. Ct. | Dec 28, 2017Background
- Child born April 2011 to unmarried Mother (mental-health issues) and Father, who was incarcerated at the time and has never met the Child.
- Montgomery County OCY filed a petition on Feb 2, 2017 seeking involuntary termination of Father’s parental rights under 23 Pa.C.S. § 2511(a)(1) and (2).
- Permanency review and evidentiary hearings were held in June 2017; Judge Murphy held an on-the-record Rule 1925(a) opinion at the Aug 22, 2017 termination hearing.
- Father never provided financial support, gifts, visits, custody petitions, or contact with OCY; he claims attempted contact after release in 2015 was blocked, but made no further contact after parole ended March 21, 2016.
- Since release Father completed parenting classes, obtained employment and housing (rented room), but has not remedied mental-health and substance-abuse issues, and lacks suitable housing for a child.
- Child has bonded with foster parents; treating psychologist recommended Father focus on his own mental health and concluded it would not be in Child’s best interest for Father to be the permanent caregiver.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OCY proved grounds for termination under § 2511(a)(1) (failure/refusal to perform parental duties or settled purpose to relinquish) | OCY: Father’s long absence, no contact, no support, and failure to seek custody or visits show settled purpose/refusal to perform duties | Father: Attempted post-release contact was blocked by maternal relatives and law enforcement; recent steps show willingness to parent | Court: Affirmed termination under § 2511(a)(1); Father evidenced a settled purpose of relinquishing parental claim and failed to perform parental duties |
| Whether OCY proved grounds under § 2511(a)(2) (repeated/incapacity causing lack of essential parental care and unremedied causes) | OCY: Father’s repeated incapacity (incarcerations, untreated mental-health and substance issues) left Child without essential care; conditions unlikely to be remedied promptly | Father: Completed classes, obtained job and housing, argues he is working toward remediation | Court: Affirmed termination under § 2511(a)(2); father’s incapacity and failures caused lack of essential care and causes unlikely to be remedied in time for Child’s needs |
| Whether termination promotes Child’s developmental, physical and emotional welfare under § 2511(b) | OCY: Child is bonded with foster parents who meet Child’s needs; psychologist opposes reunification now | Father: Claims changed circumstances and readiness to parent | Court: Held termination promotes Child’s needs and welfare under § 2511(b); psychologist’s opinion and foster bond weighed for termination |
| Whether evidence met clear-and-convincing standard and whether six-month look-back alone controls | OCY: Totality of history and post-release inaction satisfies clear-and-convincing standard; court may consider whole history beyond six months | Father: Argues recent improvements should weigh against termination; cites barriers to contact | Court: Applied totality of circumstances, considered explanations, and found clear-and-convincing evidence supporting termination; recent improvements were untimely and insufficient |
Key Cases Cited
- In the Interest of C.S., 761 A.2d 1197 (Pa. Super. 2000) (statutory framework for termination proceedings)
- In re Adoption of S.M., 816 A.2d 1117 (Pa. Super. 2003) (burden and standard of proof: clear and convincing evidence)
- In re Z.S.W., 946 A.2d 726 (Pa. Super. 2008) (interpretation of § 2511(a)(1) and required inquiries)
- In re A.L.D., 797 A.2d 326 (Pa. Super. 2002) (§ 2511(a)(2) can include incapacity or refusal; parents must make diligent efforts)
- In re Adoption of S.P., 47 A.3d 817 (Pa. 2012) (parental duty to maintain communication and support despite incarceration)
- In re Adoption of K.J., 936 A.2d 1128 (Pa. Super. 2007) (court may reject belated attempts at cooperation as untimely)